Revolutionary War Pension and Bounty Land Warrant Application File R. 8208, for Gabriel Philips, Virginia

SERVICE
NUMBER
Va.
or Philips, Gabriel Phillips
R 8208
Milly
CONTENTS

Sarah Phillips was Born first day of July 1787
John Phillips was Born twentieth of May 1790
Mary Phillips was Born tenth of August 1792
Elizabeth Phillips was Born twelfth of October 1794
Rebekah Phillips was Born nineteenth day of June 1797
Meliah Phillips was Born 21 st day of May 1799

William Phillips was Born the 9 day of November 1905
William Phillips was Born the 9 day of November 1905
William Phillips was Born the 9 day of November 1905

Declaration
Of Milly Philips
In order to obtain the benefit of the Acts of Congress of 7th July 1838 Entitled "an act granting half pay and Pensions to certain widows," and 3 d of March 1843, entitled, "An act granting a pension to certain widows of Revolutionary soldiers" and 17 th June 1844, entitled "An act to Continue the Pensions of certain widows;" -
State of Tennessee } ss.
Hawkins County } ss.
On this Twenty seventh day of April one thousand Eight hundred and forty six personally appeared before me Nicholas Beckner, a Justice of the Peace in and for said County, Milly Philips, a resident of the County and state aforesaid, aged seventy nine years, who after being first duly sworn according to law doth on her oath make the following Declaration in order to obtain the benefit of the Acts of Congress passed 7 th July 1838, 3 d of March 1843 and 17 th June 1844, viz: That she is the widow of Gabriel Philips, who was a soldier of the Virginia Line, during the war of the Revolution. As to the particulars of his service, she states, that she knows nothing, except what she has heard her husband say after they were married - viz - that the said Gabriel Philips enlisted in Loudoun County Virginia, by a man or officer whose name was Joseph Baylie. That, she has often heard her husband speak of Major Lindsey, as one of his officers; also General Lincoln - name of his Captain & Col. forgotten - that immediately after his enlistment he marched to the south, and was at the siege of Charleston, where he was taken prisoner by the British that while he was a prisoner, propositions were made to him, to take the oath of allegiance, which he refused. That after being held as a prisoner for some time he made his escape by swimming the river, and finally joined a corps of Americans. One of the officers then gave him a permit or furlough to return home. She does not know how long he served, but supposes that he served several years as a Private. She judges so from the fact that he always said that there was a considerable amount of money due on account of his wages, and that he claimed about two hundred acres of

Land, on account of his services none of which he ever received to her knowledge. That in order to obtain said wages & Land, he went from Tennessee to Georgia, to establish his service by a fellow soldier named Walter Parry or Perry, who was his brother-in-law, but who had died sometime previous to said Journey. That he had a discharge showing his service in the war of the Revolution, which he said was lost or destroyed, she is fully satisfied that he served his country, a considerable length of time in the war of the Revolution, but she is unable to prove it - and she hereby requests that the Commissioner of Pensions, will cause a thorough search of the Virginia rolls, to be made for his name and services - She further declares that she was married to the said Gabriel Philips in Henry County State of Virginia, by publication of the Banns, in the Month of July Seventeen hundred and Eighty three. She is positive as to this date, from the fact that she was married in the year that closed the war, also from the fact that her oldest child Sarah was born four years after the marriage, which she states, stands correctly recorded in her bible now in her possession, and shows that she was born in July 1787. She further states, that there was no license issued from the Clerk's office for the marriage, but that she was married in said County of Henry by William Lovel a Clergyman of the Baptist church after publications. for proof as to the marriage she refers the Department to the accompanying papers. She further declares that her husband the aforesaid Gabriel Philips died in the County of Hawkins State of Tennessee in the fall of Eighteen hundred and twelve, after that she has not intermarried, but still remains his widow - that she was not married to him prior to his leaving the service, but the marriage took place previous to the 1 st of January 1794 viz at the time before mentioned Milly his Philips mark
Sworn to and subscribed on the day and year first written before the subscriber a Justice of the peace for Hawkins County - I further certify that I am personally acquainted with the above named

State of Tennessee } ss Hawkins County } ss
On this Twenty seventh day of April One Thousand Eight hundred and forty six personally appeared, before me Nicholas Beckner a Justice of the peace for said county, John Philips a resident of the County aforesaid, aged fifty five years past, who after being first duly sworn according to Law doth on his oath make the following Affidavit relative to Milly Philips (widow of Gabriel Philips) a resident of Hawkins County who is about to make application for a Pension viz: — That He is the son of the said Gabriel & Milly Philips — and is now, according to the family register, fifty five years of age, on the 20th day of May 1843. He further states that the said Milly Philips his mother & Gabriel Philips his father lived together as husband and wife from his earliest recollection, up to the time the said Gabriel died, which he declares took place in Hawkins County Tennessee in the month of November One thousand Eight hundred twelve —
He further states that he has often heard his father speak of his military services in the war of the revolution — That he heard his father say that he enlisted in Loudon County Virginia while very young, for the term of five years, and served as a regular soldier for a considerable length of time, that he served in the south, names of officers forgotten, was taken prisoner, by the British with many others, and carried, as he thinks, to a place called Sunbury — escaped and returned to the Americans — and after considerable service, received his discharge, which he said was lost or destroyed — That his father always claimed a considerable amount of pay as wages due for service, and some Land — He further states that before he died, he went to Georgia to establish his service by Walter Perry his brother-in-law & fellow soldier in order to obtain his back pay, and Land, but failed to get the proof on some account unknown to him. He further states that his father was always recognized as a soldier of the revolution — and he has no doubt, from his father's account of his services, that he was a soldier in the war of the revolution.
John Philips
Sworn & subscribed, before the undersigned a justice of the Peace for said County the day & year first written — I further certify that John Philips above named is personally known to me, that he is a reliable and intelligent witness of good character and respectability whose

testimony is entitled to full faith and credit. Given under my hand in Hawkins County state aforesaid This 27th day of April 1846
Nicholas Beckner (P) Justice of the Peace for Hawkins County
State of Tennessee } Hawkins County }
On this Twenty seventh day of April one thousand Eight hundred and forty six, personally ap- peared before me Nicholas Beckner, a Justice of the Peace for said County, Licyann Keel, a resident of the County and state aforesaid, aged sixty Eight years past, who after being first duly sworn ac- cording to law, doth on her oath make the following Affidavit relative to Milly Philips widow of Gabriel Philips, who is about to make application for a Pension, viz: - That she was well acquain- ted with the aforesaid Gabriel Philips and his wife Milly, now a resident of Hawkins County Tennessee, and an applicant for a Pension, That she was married to William Keel in Washington County Tennessee, in July Seventeen hundred and Ninety three - she is certain as to this date from the fact that her oldest child Sarah Keel was born after the marriage about fourteen months, which birth stands correctly recorded in her family Bible, and bears date November the 6th Seventeen hundred and Ninety four - and she is certain that the said Gabriel and Milly Philips were living together as husband and wife at the last mentioned date - she is also certain they were living together as husband and wife in Greene and Washington Counties, Territory of North Carolina, now Tennessee on the 1 st of January Seventeen hundred and Ninety one, 1792, 1793 '94 and up to the day of his death which death took place in Hawkins County Tennessee in the fall of Eighteen hundred &
She further believes that she knew them living together at the first mentioned date viz, 1 st Jan. 1791.
She further states that it was generally understood and believed that Gabriel Philips aforesaid had served as a soldier in the war of the revolution several years - That she has often heard her own Father Anthony Bewly say that the said Gabriel, had to his knowledge, entered the service for five years, and that he

he knew of the said Gabriel returning from the same.
Livvy Ann Keele
sworn and subscribed this 27th day of April 1846, before me, Nicholas Beckler a Justice of the peace for Hawkins County. I further certify that the said Livyann Keele is personally known to me, that she is a resident of said County of Hawkins, is a reliable and intelligent witness of good character and respect- ability, whose testimony is entitled to the highest consideration. Given under my hand the day and date above mentioned Nicholas Beckler justice of the peace for Hawkins County
State of Tennessee } Hawkins County }
On this Twenty seventh day of April one thousand Eight hundred and forty six, per- sonally appeared, before me Nicholas Beckler a Justice of the peace for said County, William Keele, a resident of the County and State aforesaid, aged seventy six years past, who after being first duly sworn according to law doth on his oath, make the following Affidavit relative to Milly Philips of said County (widow of Gabriel Philips) who is about to apply for a Pension viz:— That he was well acquainted with the said Gabriel and Milly Philips in Henry County Virginia, that he knew them before they were married— from the fact that the said Milly was his full sister. and that he was at the wedding and saw them married in said County of Henry in the state of Virginia when he was about twelve or thirteen years old— He cannot state precisely the date at which they were married; but he is positive that he was at the wedding and saw them married in said County, by William Lovel a baptist preacher, who lived on his (affiant's) Father's plantation, and he states that it was the custom to solemnize marriages, upon publication of banns— From his own age, and marriage, and the birth of his oldest child Sarah Keele, whose birth stands recorded, November the 6th seventeen hundred and Ninety four, he is certain that the said Gabriel and Milly Philips were living together, on the

1 st of January/ seventeen hundred and Ninety, Ninety one and up to the time he died in the fall of Eighteen hundred and twelve, and that they were acknowledged as husband and wife by all who knew them -
Affiant also states that at the time of the marriage of said Gabriel Philips and his sister Milly Keele, which he believes took place about the close of the revolutionary war, it was generally understood and believed, by all who knew them, that the said Gabriel had been a regular soldier in the Virginia Line, and had enlisted in that state for five years, and had served a considerable length of time - that he was acquainted with said Philips from the time of the marriage until he died as aforesaid, was in his company frequently, and often heard him speak of his services in the revolution, and particularly of the amount of wages & Land due him, which he affiant believes, the said Philips never received - and he affiant merely believes that said Philips was a soldier in the war of the revolution.
William his Keele mark
12761-12651 Witness and subscribed this 27 th day of April 1846, before me Nicholas Beckler a Justice of the Peace for said County, I further certify that the said William Keele is a resident of the County of Hawkins state aforesaid, that he is of good character and respectability, and is a reliable & intelligent witness, whose testimony cannot be disputed, I further certify that to my knowledge the witness could once write his name; but that from the fact of his being afflicted with Palsy, he is unable to do so now. Given under my hand in Hawkins County State of Tennessee the day and date above mentioned.
Nicholas Beckler Justice of the Peace for Hawkins County
R. M c Samuel Agent

Milly Philips - That she is a respectable and intelligent citizen of said, County, of unimpeachable character, whose statement is entitled to the highest credit. I further certify that from old age and bodily infirmities she is unable to attend court. Given under my hand in Hawkins County, State of Tennessee This twenty seventh day of April One thousand eight hundred and forty six Nicholas Beckner Justice of Peace for Hawkins County
State of Tennessee } ss Hawkins County } Personally appeared, before me Nicholas Beckner. a Justice of the Peace for Hawkins County, Milly Philips, the foregoing named affiant, who after being duly sworn, makes the following amendatory declaration viz - That the annexed register of the ages of her children, is the record spoken of in the within declaration, that said record is the original family record, kept by her and her husband, and that they always deemed it correct. That the first four births was written by her and her husband's directions, by a Quaker whose name was Richard Cox a short time after the birth of Elizabeth, and that the other names was written by different persons, all of which she believes to be correct - As to the date of the Bible which the annexed record is taken from, she refers the Department to the title page herunto attached Milly Philips mark
sworn to and subscribed this 27th day of April 1846 before the subscriber a Justice of the peace in & for the County aforesaid.
In testimony whereof I hereunto set my hand the day & date above written Nicholas Beckner
Justice of the Peace for Hawkins County
State of Tennessee } ss. Hawkins County } County Court, May term, Monday 4th 1846 }
The Declaration and papers of Milly Philips, sworn to before Nicholas Beckner Esq, being submitted to the court, the court after due examination doth approve all the proceedings and papers in the case, and order that the clerk endorse the approval of the court on the papers, and from the testimony adduced, the court hereby certifies that the said Milly Philips

is the Legal widow of the said Gabriel Philips, who died in 1812 in the County aforesaid. Done in open Court in Rogersville state aforesaid this
27th day of April 1846 4th day of May 1846. The foregoing Draft made before signing —
State of Tennessee } ss. Hawkins County }
G. H. Rhea Chairman of the County Court of Hawkins County
I John H Ellis Clerk of the County Court of Hawkins County, do hereby certify that the foregoing proceedings relative to Milly Philips in order to obtain a pension, are the original proceedings had and approved of by said Court at its May term 1846 - That Nicholas Beckler Esq, whose name appears to the foregoing declarations & Affidavits, is now and was, at the dates thereof, an acting Justice of the Peace in and for the County aforesaid, duly elected and qualified according to Law, and that the signatures purporting to be his, appear in his own proper handwriting and are genuine.
In testimony whereof I hereunto set my hand and affix my seal of office at office in Rogersville in the County and state aforesaid, this fourth day of May One thousand Eight hundred and forty six.
J. H. Ellis Clerk

State of Tennessee } Greene County } ss. On this thirty first day of August A. D. one thousand eight hundred and fifty three, before me John Maloney, a Justice of the peace in and for the county aforesaid, personally appeared Jacob M. Bewley, a resident of Jefferson county in the state of Tennessee and a credible witness, aged near fifty five years, and made oath in due form of law to the following affidavit relative to the military service of Gabriel Philips dec d . late of Hawkins county Tennessee, in the war of the revolution to wit:
This affiant states, that the said Gabriel Philips and also his widow Milly Philips were personally known to him - that the said Gabriel died in said county of Hawkins leaving the said Milly as his widow, and that she never afterwards married -
That this affiant, some twenty odd years ago, resided in Greene county Tennessee and was an acting Justice of the peace in and for said county, and while acting as such, his father Anthony Bewley was sworn before him to an affidavit concerning the military service of the said Gabriel Philips in the war of the revolution; which affidavit, as this affiant understood and believed, was made for the purpose of obtaining bounty land or other pay, due on account of said military service. and that said affidavit, as affiant afterwards understood and believed, was placed in the hands of Hon. John Blair, M. C. from Tennessee -

that the said Anthony Bewley stated in said affidavit that he was personally acquainted with the said Gabriel Philips in Loudon county Virginia, during the war of the revolution, and that he positively knew of the said Gabriel's enlistment in said county into the Continental army for the term of during the war - that immediately after said enlistment, the said Anthony Bewley, and the said Gabriel's father went to see Gabriel's officers for the purpose of obtaining his release on account of his minority, but failed, and that the said Gabriel marched with his company for the seat of war, and was absent several years (the exact time not remembered by this affiant as stated by his father) with the american army as a private, and he also believes that his said father stated that the said Gabriel was taken prisoner at the surrender of Charleston by Gen'l Lincoln - But affiant does not now remember the names of the officers and as stated by his said father, under whom the said Gabriel served.
This affiant further states that his said father was a man of good character and high respectability in the community in which he lived, was a brotherinlaw of the said Gabriel, having married his sister Sally Philips - His said Gabriel's father and family - resided in the neighborhood at the time of Gabriel's enlistment, and had every opportunity of knowing the facts and circumstances of his said enlistment, his marching with the army, the time he was absent and his return home. of Gabriel's narrative of his services, and the

the fact that he was recognized by all who knew him, as a soldier of the revolution. Affiant further states that it is and has been a well established fact with the said Gabriel's family and relatives, that he did actually serve as a soldier in the American army in the war of the revolution, that he enlisted in Loudon co. Virginia, was taken prisoner at Charleston S.C. made his escape, and came home to Virginia after more than two years service.
He further states that he is a nephew of the said Gabriel and Milly Philips, but that he has stated the foregoing as a disinterested person without the least expectation of being a beneficiary.
A. M. Burley
Sworn to and subscribed before me the day and year first within written - And I certify that I am not interested or concerned in the prosecution or result of this case. I further certify that the aforesaid Anthony Burley, now dec d was well known to me, and that he was of good character and respectability whose testimony or statements are entitled to full faith and credit.
John Maloney (seal) Justice of the Peace
State of Tennessee Greene County
ss. I Andrew Johnson, late a Member of the 32 d Congress of the United States, do certify, that John Maloney Esq.

with whom I am well acquainted, and whose genuine official signature appears to the foregoing certificate, is now, and was at the date thereof, an acting justice of the peace in and for the county and state aforesaid, duly qualified as such according to law, and that full faith and credit should be given to the same as his official act.
Given under my hand at Greenville the second day of September one thousand eight hundred and fifty three,
Andrew Johnson
I further certify that I am well acquainted with the Hon. Jacob M. Beasley who is now a senator elect from this senatorial district and who is the subscribing witness, and that he is a gentleman of high character, of unquestioned integrity and regarded as such in this community.
Andrew Johnson

Rev. War Section Record Division.
J.L.M.
October 31, 1931.
Hon. Charles Curtis United States Senate.
In re: Gabriel Phillips- R. File No. 8,308 Virginia troops War of Revolution.
You are advised that from the papers in the above noted pension claim it appears that Gabriel Phillips was born in 1763 and married in July 1783 in Henry County, Virginia, Milly Keele, and that their children were Sarah born July 1, 1787, John born May 30, 1790, Mary born August 10, 1792, Elizabeth born October 12, 1794, Rebekah born February 19, 1797, Meliah born May 21, 1799, Thomas born July 29, 1801, -----( undecipherable) born August 4 or 9, 1803, William born November 9, 1805, and Gabriel born February 18, 1810. Soldier died November 1812, in Hawkins County, Tennessee, and his widow, Milly, applied for pension April 27, 1846, while a resident of Hawkins County, Tennessee, aged seventy-nine years, and alleged that soldier enlisted in Loudoun County, Virginia, in 1776 or 1777 and served

as a Private in the Virginia Line, was captured at the surrender of Charleston and escaped some time after. The claim was not allowed as she failed to furnish satisfactory proof of the soldier's service.
Herewith is returned the letter of Mr. J. M. Phillips of 119 North Minneapolis Avenue, Wichita, Kansas, forwarded by you to this Bureau.
Very truly yours.
Washington Gardner Commissioner.

1921 Oct. 31 Heat. No Hon. takes credit.
REJECTED
8208
P. O.
Willy Phillips
Service: Gabriel
Enlisted: _____, 18
Discharged: _____, 18
Application filed: _____, 18
Alleges: List of suspended claims printed in 105-2 shows cause
Re-enlisted: of suspension as follows. "not on Col. Morgan's Regimental returns - no proof of service"
Attorney: _____
P. O. _____
_____ Recognized. _____ Contract.
_____ Cert. of Dis. Searched for _____, 18

Milly Philips widow of Gabriel Phillips. Revolutionary pension — Va Replevin in Morgan's Ky. Ct.
Apr 28/105
For Ali released to the Com April 27 1850
Nancy Vickers widow — from Tennessee
J. E. D. V.

No 12. 961.
Milly Phillips Tenn.
Hon. J. Johnson. May 25 46
S. G. Brown 23 Dec 1850
No 12. 951
B. M. Daniel Ap 28 1833
Hon. J. Johnson " 30 "
Same Jany 12. 1854
Hon. G. M. Jones Ap. 29 1856
8208
Act 7. July 1830

United States Senate,
Washington, Oct. 24, 1921.
Hon. Commissioner of Pensions,
Washington, D.C.
Sir:
I have the honor to submit the following com- munication for your consid- eration, and to ask that the request made therein be com- plied with if possible.
When the matter is dis- posed of, will you kindly have the letter returned to my office, and oblige.
Yours truly,
Charles Curran
U. S. S.
over

Letter from J. M. Phillips 119 St. Min- neapolis Ave. Wichita Kans. Returned to Senator Curtis Oct. 31. 1921 V. L. M.

Brief
Gov Johnson
Dodge Aug 11. 1853

and he died in Hawkins Co Ten - I think in 1810 or 1811. Jacob M. Beruley, of Telfer Co, Ten, aged near 55 - Aug 31. 1853 Well knew Gabriel and Milly. She has been a widow ever since his death.
My father, Anthony Beruley, made an Affidavit before me, as J.P. some 20 odd years ago, to the military services of Gabriel Philips, for the purpose of obtaining bounty land or other pay - which I understood was put in the hands of Hon John Blair, M. C. of Ten.
He stated he personally knew Gabriel in Loudon Co Va during the war - and knew of his enlistment for the war . Anthony and Gabriel's father went to see his officers to obtain his release on account of his minority, but failed - and Gabriel marched with his co for the seat of war & was absent several years (the exact time as stated this afft cannot remember) with the American army as Private.
Believe my father stated that Gabriel was taken prisoner at the surrender of Charleston by Genl Lincoln. Affiant does not now remember the names of Gabriel's officers as stated by his father. Also father a man of good character

married Gabriel's sister Sally - Lived in the same neighborhood with the family & knew them intimately & had every opportunity of knowing the circumstances of Gabriel's enlistment, marching, time absent, return & his account of his services and reputation as a soldier. That reputation is notorious.
Gov Johnson certifies to the high character & integrity of affiant.
See the Brief of B. McDaniel & note of Gov Johnson.
The marriage - death - and widowhood are admitted. The only question is that of service .
The accounts given by the widow - Robert Philips - and old Mr Brewley, substantially agree.
Robert Philips was about 4 years old when Gabriel entered service. He could notice occurrences and remember particular incidents, and afterwards having his recollection of them frequently refreshed by hearing repeated conversations about them, it is probable he should give a tolerably accurate account of startling events occurring at his then tender age. It is apparent that Anthony Brewley had

ample opportunity to know the facts of which he testified. So far, then, as the witnesses go in stating what occurred within their own knowledge and what account Gabriel Philips gave of his services and sufferings, is entitled to full belief.
These facts are, that Gabriel enlisted some time (probably) in 1777 or 8- and went from home in pursuance of that enlistment- and that after a lapse of more than two years he returned and stated what he had been engaged at in his absence. And it was understood as a fact that on his being apprehended for desertion Genl Morgan ordered his release and reprimanded those who arrested him for apprehending a discharged soldier- who, it seems, was prevented from serving out the term of his enlistment, by having sworn not further to serve against the enemy.
This narrative appears natural and veracious -agrees, in general, with historical facts, and is not contradicted.
The rolls do not sustain the service. The muster rolls of Col Dunt Morgan's rifle regiment for 1777' 8 and 9. do not bear his name nor that of Joseph Bayle nor Major Lindsay.
His name is not on the depreciation rolls of
Personal Testimony
Rolls

either the State or Continental Series of Va.
This circumstance is by no means fatal to the claim; for, according to the soldier's own narrative, he was a prisoner in January 1781, the time up to which, on the service was paid for. In the absence of complete rolls of the Charleston prisoners, which could not be had, his claim to pay and bounty land rested, like the present application, upon parole testimony; with this difference, that there should have been rolls showing what corps were included in the capitulation.
The assertion that he served under Col Morgan is not disproved by the fact that his name is not found on Morgan's rolls in this office. It is believed that there were detached corps or companies of rifle rangers, who were occasionally attached to Col Morgan's Battalion. Major Parr commanded a detached corps the muster and payrolls of which are, for some portion of the time, included among Morgan's.
If Morgan, while his numbers were reduced did not have under his command companies which were not strictly portions of his regt, proper, he would form an exception to the general fact.
Morgan served at the north previous to the reduction of Charleston - (One witness says Gabriel went first to the north). It is apparent that Gabriel did not belong to Morgan's Rifles, proper.
The simple question is - does the parole evidence prove the service?

Among the officers included as prisoners in 1781, and exiles after the capitulation of Charleston the names of Major Lindsay and Joseph Purdie are not included.
It is possible probable that these lists do not contain the names of all the officers then under imprisonment.

Millly Philips widow of Gabriel, Tenn e Act 1838 Declared Apr 27. 1846 - aged 79 yrs -
Is widow of Gabriel, a sol d of Va Line -
Knows nothing of particulars of his service but what she heard him say after marriage, which was that he enlisted in Sandon Co, Va. - recruited by one Joseph Baylie - Often heard Gabriel speak of Maj Lindsay, as one of his officers - also Genl Lincoln - name of his Capt & Col. forgotten.
Immediately afterwards marched south & was at Siege of Charleston - where taken Prisoner.
Escaped by swimming & joined a corps of Americans. & rec d a furlough to return home Does not know how long he served but supposes several years, as private. Thinks so because he always said a considerable amt was due him for wages & he claimed about 200 acs land.
He went from Tenn to Ga to get the testimony of one Parry or Perry his brother in Law, to obtain his land & pay, but P was dead -
Is unable to prove his services but refers to the Va rolls.
Married in Henry Co. Va. by publication, in

marriage
July 1783.-the year the war closed. and her oldest child Sarah was born 4 yrs after, as recorded in her bible - No license found for the marriage solemnized by Rev W m Sowel. Baptist clerg n . Refers to accompanying papers.
Death
Gabriel died in Hawkins Co. Ten. in fall of 1812 Never married since.
Swears to family record, attached -
Court certifies to death & widowhood
John Philips. Hawkins Co Ten. ae 59. Apr 27, 1846.
Son of Gabriel, who died Nov 1812.
Reputation of service, as above - except names of officers.
Sivy Ann Kele - Hawkins Co - ae 68. Apr 27. 46.
Swears to cohabitation from 1791. to Gabriel's death in 1812. identity - reputation of service & what her father Anthony Bewley said of Gabriel's service.
W m Kele - Hawkins Co. ae 76. same date.
Knows the widow & knew her & Gabriel -
Milly is his sister. Saw them married in Henry Co Va when he was 12 or 13 yrs old (as above at Father's plantation)
Cohabitation & reputation of service &c

Family Record
Sarah Philips born July 1. 1787.
Other children up to 1810
John - Mary - Elizth - Rebekah - Meliah - Mroo -
Isaac (it looks like) - Wm - & Gabriel.
Bible published in Edinburgh 1792.
Robert Philips - Coles Co Ill's. Jany 28. 1850 - aged 77 yrs -
I was born Jany '73 in Loudon Co. Gabriel was
my brother . Eleven yrs older than myself.
Lived at home until war. Gabriel was from home on some errand, and enlisted as a regular or continental soldier. Recruited by Joseph Baylie, whose rank I don't remember - Nor do I remember the length of his term of enlistment. Am satisfied it was not for less than 3 yrs and confident he was absent more than 3 yrs; and as I believe, with the American Army. Enlisted winter of '76 or '77.
The circumstances made a deep and lasting impression upon my mind. Our family was much grieved at his loss - Father & Anthony Berly, (who afterwards married my sister) went to Genl's officers to get him released as being under age, and failed. My father got Baylie to take the bounty money back - but Baylie returned him on the rolls and sent a

file of soldiers and compelled him to go.
He was taken from the barn where he was threshing and marched with his co northward.
At this late day don't remember officer's names, except Baylie & that he served at first under Morgan - afterwards under Genl Green or some contl officer who served at the south - He belonged to the Va Rifles & stated when he came home that he served part of the time under Col David Morgan as a foot soldier. Returned home the latter part of summer of 1781 or 1782 - after an absence of near 4 years. Said he was direct from Charleston, S.C. had been with the army the whole time - was marched to defence of the south and was under command of Genl Lincoln or Green - was present at siege & capit n of Charleston & included in surrender of Genl Lincoln - Closely confined on prison ships - Required to take oath - refused and threatened with punishment & transportation - After much suffering & starving, he with others took the oath & was released from close confinement but not allowed to return. Short time after 7 of them escaped into the country and came to the American Camp, but discharged on account of having taken the oath. A short time after he was arrested for desertion and taken to Genl Morgan's who whose head quarters was at in Fredk Co Va (as I recollect) Morgan released Gabriel and reprimanded the soldiers for arresting a discharged soldier. Gabriel afterwards married Milly Keel in Henry Co

Yet they might be ignorant of the character or duration of his service, and, indeed, such is plainly the case with the witnesses who have testified in this matter.
Mr McDaniel contends that her husband's statements agree with the known history of the times and are, therefore, entitled to weight. There is much force in this view, and yet Mr McDaniel will readily perceive that a man born long after the Revolutionary war could accurately trace, by the light of history, the progress of an army, and if agreement with history is to be deemed sufficient for the allowance of a pension, no official vigilance could protect the Government from such imposition. While it is far from my intention to hold that Mrs Phillips' husband has been guided by the light of history rather than by actual experience, yet it strikes me as being clear that this agreement is not of itself sufficient to justify the allowance of the case, and I think the silence of the rolls, as shown above,

overbears the too slight testimony of witnesses,
1838
Miss Phillips Tennas Lusk 1838
Rev. Geo. W. Jones Sept 1838 Apr 29/52
Rev. Geo. Jones
Hy. R. P.

Being Called on to make a Statement under oath, relative to the enlistment and service of Gabriel Philips late of Hawkins County Tennessee, deceased, in the war of the revolution, I hereby State. That I was born, in January Seventeen hundred and Seventy Three, in Loudon County and State of Virginia, The above named Gabriel Philips was my brother, and was eleven years older than myself. We were living with my father in Loudon County, Virginia at the commencement of the revolutionary war in Seventeen hundred and Seventy five, my brother Gabriel was out from home, on some errand, and while absent from home, enlisted as a regular and continental soldier. The person who enlisted Gabriel was by the name of Joseph Baagle, but I do not remember his grade as an officer, nor do I now remember with certainty the length of the term of his enlistment, I am well satisfied, however that it was not for a life time than three years and I am confident he was absent from home longer than three years, and with the American army as I fully believe; Gabriel enlisted in Loudon County Virginia in the Winter of Seventeen hundred and Seventy Six or Seventeen hundred and Seventy Seven, for I cannot be positive which.
I am confident of the truth of the above Statement I know that Gabriel did enlist in Loudon County Virginia, I know it from memory as the circumstances of his enlistment made a deep and lasting impression upon my mind. I know it from the fact that our

family was much grieved at his loss, I know it from the fact that my father and Anthony Bawly who afterwards married my sister, went to see Gabriel's officers to get him released on the plea that he was under age and failed, I know it from the fact that my father succeeded in getting Baylie to take the Bounty money back and that he (Baylie) made made his return with Gabriel's name still on the roll and compelled my brother to march with the company, I know it from the fact that he sent a file of eight men to my father's barn where Gabriel was threshing wheat and compelled him to go and I know it from the fact that Gabriel marched with his company Northward.
At this late day I do not remember the regiment in which Gabriel served, nor the names of any of his officers except Baylie the recruiting officer, and I think was under the command of Genl. Morgan at first, but afterwards served under Genl. Greene or some one of the Continental Generals who served in the South. — Gabriel as well as I can remember, belonged to the Virginia Rifles, and stated after he came home that he served part of the time under Col. Daniel Morgan as a foot soldier.
Gabriel returned home to my father's house in the latter part of the summer of Sixtyseven hundred and eighty one or eighty two, after an absence of near four years. He said that he was direct from Charlestown in South Carolina and had been with

the Army the whole time - that he was marched to the defence of the South and was under the command of Genl. Lincoln or Greene, that he was present at the Siege of and capitulation of Charlestown and was included in the surrender of Genl. Lincoln at that place, that he with many others was closely confined by the British as a prisoner on a prison ship, and was required by the British to take the oath to not bear arms against the King of Great Britain, that in consequence of his refusal to do so, he was threatened with severe punishments and transportation.
That after much suffering and being nearly starved to death on the prison ship and fearing transportation to a foreign country, he with others reluctantly took the required oath, and was released from close confinement, but not at liberty to return home, that a short time thereafter he, with six other soldiers contrived to make their escape from the British, into the country, and presented themselves at the American camp, but were discharged from further service in consequence of the oath they had taken, and that he then came home to Virginia.
A short time after Gabriel's return home he was arrested by some Americans soldiers , and taken before Genl. Morgan as a deserter. Genl. Morgan's headquarters was then, as well as I can remember in Frederick County Virginia. This was in the Spring of Seventeen hundred and eighty one or eighty two, Genl. Morgan released Gabriel and reprimanded the Americans for arresting a discharged soldier. - I also arrive at the date of his return from the army army by the same process of calculation. Gabriel afterwards married

Millly Truel in the County of Henry and State of Virginia, and he died in Hawkins County, Tennessee in the year Eighteen hundred and ten or eleven to the best of my Recollection
W. Moffett
Robert S. Phillips Mourn
State of Illinois, Coles County } ss Be it known that on the Twenty Eighth day of January One Thousand eight hundred and fifty, before me William Moffett an acting justice of the peace in and for said County, personally appeared Robert Phillips, a resident of the County of Virginia, an intelligent and credible witness, aged to twenty four years past, who first being duly sworn according to law, doth on his oath declare that the foregoing Statement relative to Gabriel Philips, and which he has signed, is just and true according to the best of his knowledge and belief Given under my hand the day and year last above mentioned.
William Moffett V.P. (Seal)
State of Illinois, Coles County } ss I Enos Statesman Clerk of the County Court of said County, do certify that William Moffett Esq., who has signed his name to the foregoing proceedings, is now in, and was at the date thereof an acting Justice of the peace in, and for said County, duly commissioned and qualified according to law, and that the signature purporting to be his, appears in his own proper handwriting and is genuine — In testimony whereof I have hereunto set my hand and seal of office at office in Charleston this the 21 st day of January A.D. One Thousand Eight hundred and fifty, E. Statesman Clerk

Pension Office, Washington April 28 th 1853.
Sir,
In reply to your letter of the 21 st inst, relative to Gabriel Phillips, a soldier of the Virginia Line, I have the honor to inform you that, on the 28 th of December 1825, this office received from the Hon. John Blair of Tennessee, a memorandum in relation to the claims of Gabriel Phillips, and Miles Barnett, & the same were returned to him with information that the names of the above mentioned individuals were not returned on the records of the Virginia Line, among those entitled to, or who had received Bountylands from the United States. Since which period, no other or further information has been received at this office in relation to the claim of the aforesaid Gabriel Phillips.
Very Respectfully
Your obt. Servt.
J. Call
For Commissioner of Pensions.
Hon. Andrew Johnson, Greenville, Tenn.
J. D. Sewett

Hon. Andrew Johnson
May 25. 1846.

Pension Office May 25. 1846
Sir,
I have the honor to inform you that the papers in the case of Melly Philips, widow of Gabriel Philips under the act of 7 July 1835 have been examined and filed.
M rs Philips claims a pension for her husband's service in the Virginia Continental Line. She alleges that he was enlisted by an Officer named Joseph Baylie. There was no such Officer belonging to that Line, and claimant's statement of her husband's service is so vague and indefinite that no examination of the rolls in this Office on that subject can be made. Philips' name is not found upon the list with those of the Virginia Line who received Discharge Certificates, & no proof whatever of  that service has been produced.
The records in the Adjutant's Office at Richmond may possibly afford some evidence in this case.
The date of the marriage is satisfactory,
Belattika
Gen. Andrew Johnson House of Reps.

Pension Office January 12, 1854.
Sir:
In compliance with the request contained in your letter of the 30 th ult. I have very carefully examined the proofs in support of the claim of Milly Philips, widow of Gabriel, of South, under the act of July 7, 1838.
The proofs are satisfactory, except in relation to the service rendered by Gabriel Philips.
Admitting the fact of enlistment, as testified to by Anthony Bewley, and by Robert Philips, then a lad of four or five years of age, there is no evidence of any duration of service rendered by Gabriel, excepting his own account of his services and adventures after his return home. It is testified that he enlisted with a recruiting officer named Joseph Baylie, and that he declared he had served as a rifleman under Col. Morgan; and the widow declared that he mentioned a Major Lindsay; also, that he was present at the reductions of Charleston, was included in the capitulation, and was confined on board a prison ship until the summer of 1781, or 2, and escaped by swimming. Neither his name nor that of Baylie or Lindsay, is found among the list of prisoners at Charleston; nor on the rolls of Col.

Morgan, of the Rifles regiment, in this office. His service rests, for proof, solely on the fact of his enlistment and absence, and his own account of what he had rendered. If the rolls of the service confirmed his statements in any respect, I should take pleasure in giving the claimant the benefit of such confirmation; but, in the absence of any proof respecting the duration of his service, I am constrained to decide that the claim is not sustained.
I have the honor to be,
Very respectfully
Your Abt. Supt.
J. S. Pate for Commissioner
His Excy. Andrew Johnson, Nashville Tennessee.

Nashville Tenn Decr 30 th /53
Loren D. Waldo
Dear Sir,
You will confer a special favor on me by examining this case yourself, at as early a day as may be practicable
Respectfully Andrew Johnson

N. Y. Warden 23 Dec 1850

318 Pension Office Dec 23 d 1880
Sir: The additional evidence in the case of Milly Philips, transmitted by the late Mr Dow, has been received. This evidence makes her husband a private in Col Morgan's Regiment, but no such name is found on his returns. The case therefore cannot be admitted.
J. G. Brown Esq Present -

No 12 12 651 764
Willy Philips widow of Gabriel I'm
act 7 July 1838
Mama 1783.
and 1812

Prussian Office May 1846
Sir,
In reply to your letter of the 20 th inst I have the

Pension Office
April 29 1836
Sir
I have the honor to inform you that the argument of Mr M c Daniel in the case of Milly Phillips of Tenn has been carefully considered and I confess that the points presented by him do not bring to my mind the same convictions which they seem to have borne with him.
1838
This is one of those claims which, if valid, is ordinarily susceptible of the clearest proof. — It is claimed that her husband enlisted in the Virginia Continental Line for the war, that he served in Col d Daniel Morgan's right Reg t and that he was made a prisoner at Charleston. — We have a very full roll of the Virginia Continental Soldiers, but his name is not found upon them, — We have — it is thought — a complete list of the "Wass-Iron" of that State, but he was not returned as one of that description, — We have a roll of Col d Morgan's men, yet his name is not found does not appear upon it; and we have a list of the prisoners taken at Charleston — probably not complete — and we fail

to find his name among them, that his name should have been omitted on one of these rolls should excite no surprise; that it should have been omitted on two of them was not improbable; that it should have been omitted on three was not probable, but still susceptible of explanation and would not have excited a suspicion necessarily fatal to the case; but that it should not appear upon one of the four is such a circumstance as to render it exceedingly proper to receive the parole proof with much caution.
It is needless to consider the character of this proof as that was fully done by my immediate predecessor, in person, and the result communicated to Hon. A. Johnson on the 12 th of Jan'y 1854 -
A point or two in Mr. McDaniel's argument should be noticed - He argues that this Office having admitted - from the parole proof - that he must have enlisted to serve , it is bound to admit the service which the witnesses believe he rendered after his enlistment, - He could not have gotten into service without enlisting or being drafted, so that if the witnesses knew that he was in service, at all, they might very safely assert that he enlisted and

D. Mc Daniel
April 28 1853

272
Pension Office April 28 1853
Sir
I herewith enclose a copy of a report- made made to S. G. Brown Esq Dec 23 1850 giving the condition of the case of Nelly Philips of Tenn.
B. McDaniel Esq Greenville Tenn

(1) In the spring of 1846 Milly Philips of Hawkins county Tennessee, widow of Gabriel Philips, made a Declaration under the Act of Congress of 7 th July 1838, in order to obtain a pension on account of the services of the said Gabriel in the war of the revolution.
She alleged that he enlisted in Loudoun county Va. and served several years in the American army; but did not know the date of his enlistment; the precise duration of his service, or the names of his officers, and depended entirely upon the military records at Washington, in support of her claim. She further alleged that he was enlisted by a man named Baylie. (He Baylie might have been an officer or he might have been a private)
At the time she made her Declaration, she was very old and infirm, and on that account and loss of memory, had forgotten all about the service except general impressions.
Her Declaration was examined and filed by the Commissioner of Pensions May 25, 1846.
The proof of her marriage was satisfactory, and nothing required but proof of service.
The Auditor of Virginia states that the name of Gabriel Philips cannot be found.
The failure to find his name at Washington or Richmond does does not disprove the service. It only shows that the military records at both places are defective, as will be admitted by all.
Since the examination of her papers, I have procured the evidence of Robert Philips of Coles county, Illinois, a brother to Gabriel Philips, which was presented by Jesse E Dore now dec d , and which is now on file with her Declaration. From the following copy of a letter

2) from the pension office I am well satisfied that the evidence of Robert Philips was too hastily considered
"Pension Office Dec. 23, 1850
Sir.
The additional evidence in the case of Nelly Philips, transmitted by the late Mr. Dow has been received. This evidence makes her husband a private in Col. Morgan's regt, but no such name is found on his returns. The claim therefore cannot be admitted
J. C. Heath Com.
J. G. Brown Esq present. 11
Now let us briefly review the case.
Mrs. Philips swears that her husband was enlisted in Loudoun County Va. by a man named Baylie. Robert Philips swears the same; thus corroborating her statement - Robert further swears that Gabriel enlisted in the winter of 1776 or 1777, and clearly states the circumstances connected with his enlistment. At the time Robert was sworn, January 1850, he was 77 years of age, and it is to be presumed, knew what he was doing. Robert Philips would not swear falsely, for ten thousand pensions.
His character for truth and veracity will com- pare with the best of men; yet it appears from the above letter that his statements were not duly considered, or else they were wholly discredited. To say the least of it, this is the inference to be drawn from it.

After giving the particulars of Gabriel's en- listment, Robert further states, that Gabriel marched northward, and was absent a considerable length of time, not less than  3 years ; and that he returned to his home in the latter part of the Summer of 1781 or 1782; and then details the service as given by Gabriel, and recollected by Robert. to wit, that Gabriel served part of the time with Col. Daniel Morgan - that he was direct from Charleston, South Carolina - had been with the army the whole time of his absence from home - had marched to the defense of the South - was at the siege and capitulation of Charleston and was included in the surrender of General Lincoln at that place - was confined as a pris- oner on board of a prison ship at Charleston and nearly starved to death and threatened with transportation because he refused to take take the oath to not serve against his Britann- ic Majesty - that in consequence of his sufferings he, with many others, took the required oath, but was still detained as a prisoner - that he made his escape with others, and presented himself at the American Camp, and in consequence of his oath, was discharged from further service and that he then returned to his home in Loudoun County Virginia in the Spring of 1781 or 1782; Robert further states  that that sometime thereafter, he was apprehended by some Americans, and taken before Gen. Morgan as a deserter, who reprimanded them and released Gabriel on account of the oath he had been compelled to take at Charleston, and that this took place at Morgan's

4)
the Spring of head quarters in Frederick County Va. in 1781 or 1782. Now let us see where history places Morgan in the Spring of 1781.
Keep it in remembrance, that Gen. Lin- coln surrendered at Charleston May 12, 1780. and that Gabriel Philips was there confined as a prisoner; how long we do not know; and that the evidence shows he was at home in Loudon co. Va. in the Spring of 1781 or 1782 when he was taken before Morgan - It must have been in 1781, as circumstances clearly indicate - Now for Gen. Morgans whereabouts in the Spring of 1781.
All the histories of the rev- olution inform us that on the 17th January 1781, Gen'l Morgan fought the British at the Cowpens in South Carolina and obtained a signal victory, and that with his 500 prisoners 800 muskets, 2 field pieces; 35 baggage wagons and 100 dragoon horses; he retreated, with Gen. Greene, before the advancing columns of Lord Cornwallis, into Virginia. This was Gen. Morgans last active service in the revolution. He did not join Greene in the pursuit of Corn- =wallis to Guilford, but remained with his command and prisoners in Virginia - The prisoners were ordered by Greene, to Char- lottesville, Albemarle county Va. on the direct route to Loudon and Frederick Co. Counties - Frederick was Morgans home, near Winchester, where he now lies buried. This will not be denied - And as Morgan was left in Virginia, and as Frederick was his home and a secure retreat for his men

to rest and recruit, he, no doubt made his head quarters in that county in the Spring of 1781 as stated by Robert Philips. Loudon and Frederick counties were then joining each other; but Clarke county, taken from Frederick in 1836, now lies between.
It will therefore, readily be perceived, that Robt Philips was in a position to enable him to know that Morgan's head quarters was in Frederick county; especially when we consider that his brother was taken there as a deserter, and released - Such a circumstance could not escape the notice of a boy 7 or 8 years old - this being Robert's age at the time - nor would it be soon forgotten.
(The Department, will not for a moment deny the surrender of Lincoln at Charleston S.C. on the 12th June 1780 - the confinement of the American prisoners on prison ships, and transportation of some of them to Jamaica.)
This whole thing seems to fit up so well, that I cannot see how the Department has failed to accredit the testimony of Robert Philips, unless it be upon the presumption that he was too young at the time to remember the facts as detailed.
With regard to this point I submit the following remarks.
If Gabriel Philips enlisted in the Winter of 1777, which seems most probable, the witness Robert Philips was then near 5 years of age, and Gabriel about 16. When Gabriel returned home in 1781, the witness was near 9 years of age, and Gabriel was near 20.

6) { The Department will not deny the practice of enlisting boys from 15 to 21 years } Now the question arises. Could Robert Philips or other person, at the age of 77 years, remember events that took place when he was from 4 to 9 years old, and detail them with any degree of accuracy. I admit that there are some things that wholly escapes the mind, but generally of a trivial nature. My own experience authorizes me to assert, that now, at the age of 42, some striking events that happened when I was between 3 & 4 years old, are distinctly remembered; and I can arrive at the date by my age and other circumstances with accuracy, and would not hesitate to detail them upon oath. There are some circumstances in the early history of a child which makes lasting impressions. This is the experience of almost every person - for instance, a child at 4 years of age can distinctly remember the conflagration of its fathers dwelling - the death of a father, mother or some near relation - the execution of a murderer &c, &c. Such things would make a deep and lasting impression upon the young mind; but not more so than the enlistment of Gabriel Philips; the circumstance of his father and Anthony Beuly endeavoring to obtain his release, on account of his being but a mere boy - the fact of a pile of men, armed soldiers, going to Old Philips Barn and forcibly taking Gabriel off - the distress of the family - the constant talk of the family on this subject; and their joy upon his return home after an absence of near 4 years. It will not do to say that Robert Philips cannot remember

these things; or that he as an intelligent man cannot detail them with accuracy, or arrive at dates by his own age and other circumstances - nor will it do to discredit his statements of events, especially when we consider that they are interwoven with and form a part of the history of the Philips family; and especially when we consider that his statements are corroborated by the history of the country, and by Anthony Bewly dec d . as detailed by our present State Senator Jacob M Bewly Esq, whose affidavit is herewith enclosed, and which we will now consider.
It appears that said Jacob M Bewly was a Justice of the peace some 20 odd years ago for Greene county Tennessee, and that his father Anthony Bewly came before him, and made oath to an affidavit as follows - That he was personally acquainted with the said Gabriel Philips in Loudon County Va, during the revolutionary war - And that he positively knew of the Gabriel's enlistment in said county into the Continental army for the term of during the war - That the said Anthony Bewly and the said Gabriel's father immediately went to see Gabriel's officers to obtain his release on account of Gabriel's minority and failed. and that Gabriel marched to the seat of war. and was absent several years with the American army as a private - and believes that his father also stated that Gabriel was taken prisoner at the surrender of Charleston S.C. The said Jacob M Bewly now makes oath that his said father did swear to these things before him.
It will be perceived that this evidence strongly

corroborates that of Robert Philips.
The evidence of Robert Philips and of Jacob M Bewly is the best and only evidence that can be obtained, unless something can be found amongst the military records at Washington or Richmond or in London among the list of Prisoners taken at Charleston, but to my mind the evidence now adduced ought to be satisfactory of the enlistment and service. This evidence is positive, historical and circumstantial, - and shows a service of more than two years.
Mr. Edwards, (Commissioner) in his letter of May 25, 1846, states that "Philips' name is not found upon the list with those of the Virginia line who received depreciation certificates."
Now it can be proven, that about the year 1809, Gabriel Philips went to Georgia, some 250 miles, to obtain the evidence of Josiah Perry a fellow soldier, in order to establish his service with a view of applying to the Government of the U.S. or Virginia for bounty land, monthly or other pay, and that he failed from the fact that Perry was dead. That Philips then returned home to Hawkins co. Tennessee and died in 1810 before he could complete the evidence of his service, and that no further attempt was made until about the year 1822 when the aforesaid Anthony Bewly was qualified before Jacob M Bewly as stated. It is therefore evident that Philips never received a depreciation certificate; hence his name does not appear as Mr Edwards says. If Philips had received such certificate there would have been

no necessity for his going to Georgia to establish his service.
That an attempt was made in 1824 or 1825 to obtain evidence of the service of Gabriel Philips, through Hon. John Blair, is fully corroborated by the letter of "S. Cole for Commissioner." to Hon. Andrew Johnson dated 28th April 1853, here-with enclosed. This was about the time Anthony Bewly made his affidavit, which as Jacob Bewly says was given to Mr. Blair.
This is the case with which I made you acquainted while you was a Member of Congress, and which you promised to present to the Commissioner - You are now Governor of the State of Tennessee, but I hope there will be no impropriety in letting it pass through your hands to the Commissioner, with a request from you that the case be carefully re-considered - The parties here request me to give it this direction.
Having nothing more to add, I submit these remarks with the additional evidence of Senator Bewly, and will cheerfully acquiesce in such decision as the Commissioner may be pleased to make
Dec. 24, 1853.
Respectfully Yours &c P. McDaniel
Andrew Johnson Governor &c Nashville Tenn.

Copy of Affidavit Bolt. Philips
Send this back where you get done with it. Bill Deane
Dec. 24. 1853

C 97
Being called on to make a Statement under oath relative to the enlistment and service of Gabriel Philips late of Hawkins co. Ten. decd. in the war of the revolution, I hereby state, that I was born in Jan'y 1773 in Loudon co. Va. - The above named Gabriel Philips was my brother, and was 11 years older than myself. He was living with my father in Loudon co. Va. at the commencement of the revolutionary war in 1775. My brother Gabriel was out from home on some errand, and while absent from home enlisted as a regular or Continental soldier. The person who enlisted Gabriel was by the name of Joseph Baylie, but I do not remember his grade as an officer, nor do I remember with certainty the length of the term of his enlistment. I am well satisfied however that it was not for a less term than 3 years - and I am confident he was absent from home longer than 3 years and with the american army as I fully believe. Gabriel enlisted in Loudon county Va. in the winter of 1776 or 1777, for I cannot be positive which. I am confident of the truth of the above statement, I know that Gabriel did enlist in Loudon co. Va. I know it from memory, as the circumstance of his enlistment made a deep and lasting impression upon my mind . I know it from the fact that our family was much grieved at their loss.
I know it from the fact that my father and Anthony Bevely, who afterwards married my sister, went to see Gabriel's officers to get him released on the plea that he was under age and failed - I know it from the fact my father succeeded in getting Baylie to take back the bounty money, and that he Baylie made his return with Gabriel's name still on the roll and compelled my brother to march with the company - I know it from the fact that he sent a file of 8 men to my father's farm where Gabriel was threshing wheat and compelled him to go, and I know it from the fact that Gabriel marched northward. At this late day I do not remember the reg't in which Gabriel served, nor the names of any of his officers except Baylie the enlisting officer - but I think he was under the command of Gen'l Morgan at first, but afterwards

served under Gen'l Greene or some of the Continental Generals who served in the South - Gabriel, as well as I can remember, belonged to the Virginia rifles, and stated after he came home that he served part of the time under Col. Daniel Morgan as a foot soldier - Gabriel returned home to my father's house in the latter part of the summer of 1781 or 1782 after an absence of near 4 years. He said he was direct from Charleston in S. C. and had been with the army the whole time - that he was marched to the defence of the South and was under the command of Gen'l Lincoln or Greene; that he was present at the siege and capitulation of Charleston, and was included in the surrender of Gen'l Lincoln at that place - that he with many others was closely confined by the British as a prisoner on a prison ship, and was required by the British to take the oath to not bear arms against the King of G t Britain - that in consequence of his refusal to do so, he was threatened with severe punishment and transportation - that after much suffering, and being nearly starved to death on the prison ship, and fearing transportation to a foreign country, he with others reluctantly took the required oath, and was released from close confinement - but not at liberty to return home - that a short time thereafter, he with 6 others contrived to make their escape from the British into the country, and presented themselves at the American Camp, but were discharged from further service in consequence of the oath they had taken, and that he then came to his home in Virginia. A short time after Gabriel's return home, he was arrested by some Americans and taken before Gen'l Morgan as a deserter - Gen'l Morgan's headquarters was then, as well as I remember, in Frederick Co. Va. This was in the Spring of 1781 or 1782 - Gen'l Morgan released Gabriel and reprimanded the Americans for arresting a discharged soldier. I also arrive at the date of his return from the army by the same process of calculation.
Gabriel afterwards married Milly Steele in the County of Henry Co. Va. and he died in Hawkins Co. Tenn. in the year 1810 or 1811 to the best of my recollection.

his Robert X Philips Mark
Attest
W. Moffatt
Sworn to before Esq. Wm. Moffatt Jan'y 28 1850 - Certified by E. Stutsman Clk of the Co. Court of Coles County Indiana at Charleston. 21st Jan'y 1850.
March 15 1850. Sent original affidavit of Robert Philips to Lesse & Dow. to present to Commissioner.
Oct 26 1852 wrote to J.E. Heath to examine the Statement of Robt. Philips and report in the case - His report has been made to me B. McDaniel

I could have proved this by John Jacob M Brewley at the time his affidavit was taken, but it was forgotten.
Respectfully, B. M. Daniel
Miller Philips Widow of Gabriel Philips Res. D. of Tennessee
Cole
The Court of Pensions will please examine the case of Mrs. Philips in connection with the argument of Mr. Madison in
G. H. ... No. of N. H.

(No. 1)
Milly Philips Revolutionary claim
By reference to the letter of "S. Cole for Commissioner" of Jan'y 12 1854, to Hon. Andrew Johnson, herewith enclosed, it will be observed, that this claim stands suspended upon the grounds that the duration of Gabriel Philips' service is not proven. This is the only objection to the allowance of the claim. On all other points the proofs are satisfactory. I will now attempt to shew why the foregoing objection should not be urged.
In his letter, Mr. Cole says: "Admitting the fact of enlistment as testified to by Anthony Bewley and Robert Philips, then a lad of four or five years of age, there is no evidence of any duration of service rendered by Gabriel Philips" &c.
I understand by this, that the evidence of enlistment is satisfactory. Then this important point is fully established.
What further do the witnesses say, in connection with the enlistment . They say that Gabriel enlisted in Loudoun county, Virginia for the term of during the war, and that he marched off with his company for the seat of war.
Anthony Bewley says Gabriel was absent several years. See Jacob Bewley's affidavit, who could not remember the dates and particulars as sworn to by his father.
Robert Philips says that Gabriel was absent with the army from the time of his enlistment or "marching off" in 1776 or 1777 until the summer of 1781 or 1782, a period of near 4 years.
If the Commissioner can credit the statements of these witnesses as to the enlistment , I see no good reason why he should not credit their statements with reference to the time, place,

and term of enlistment, as well as the important fact, that he marched off with his company for the seat of war.
This shows positively, that Gabriel was in actual service .
The Commissioner admits the enlistment, and I take it for granted that the evidence on the points above named are also admitted, as they are all so closely connected with the enlistment, and follow the enlistment as a matter of course.
This brings us up to the contested point, as to the duration of the service. We contend that Gabriel served 3 or 4 years. Now for the facts and circumstances as detailed by the witnesses.
If the witnesses knew the facts of Gabriel's enlistment for the war, and of his marching off with his company for the seat of war, which cannot be doubted, they would also know the length of time, or nearly so, that Gabriel was absent with the army. One witness was the brother, the other the brother-in-law of Gabriel, and they would be more likely to know the facts as they occurred, than any body else, and the impressions made upon their minds, would be more lasting, such as they would never forget. They were in a position to know the facts as stated by them.
Anthony Bewly stated that Gabriel marched off with his company for the seat of war, and was absent several years.
Robert Philips stated, that it was in 1776 or 1777 when Gabriel enlisted for the war and marched off with his company for the seat of war. (He arrives at these dates from his age) And that he returned home from the army in the summer of 1781 or 1782, - that Gabriel stated that he had been with the army all the

3 time - that he was then just from Charleston - was at the siege and capture of that place by the British troops and that he was a prisoner on board of a prison ship and had escaped &c. Charleston was taken in May 1780 - So it must have been after that time, say in "the summer of 1781" when Gabriel returned home. Suppose then we take 1777 for the date of enlistment and the summer of 1781 for his return home. This gives about 4 years service.
In reference to the statements of Gabriel after he came home, the Commissioner says,
"If the rolls of the service confirmed his statements in any respect , I should take pleasure in giving the claimant the benefit of such of such confirmation."
I do not say the Rolls confirms any of the statements of Gabriel Philips; but I do say that some of his statements are confirmed by the public records, and perhaps by the rolls in the Department; and also by history and the Declarations and proofs of Revolutionary Pensioners now on file in the war office or Department of the Interior.
Gabriel stated, as may be seen by reference to the affidavit of Robert Philips, that he belonged to the Virginia rifles and served part of the time under Col. Daniel Morgan.
The public records, and perhaps the rolls, as well as the papers of many revolutionary pensioners now in the pension office, and also history, shew that in the early part of the war he was a Colonel of a regiment of Rifles. He commanded a reg't of Rifles at the battle of Saratoga on the 7th of October 1777. It is therefore apparent that Gabriel's statement, that Morgan

4 was a Colonel in the service is confirmed Again, Gabriel stated that he was at the siege and capture of Charleston - was taken pris- -oner and confined on board a prison ship and made his escape, after being compelled to take the oath of neutrality, to escape transport- -ation.
The Commissioner, if he will take the trouble to have an examination made, will find that the public records and other evidence in his office shew that the siege and capture of Charleston, with several thousand prisoners, did take place, and that among those prisoners , several hundred Virginia Conti- -nental soldiers were included - that many prisoners were confined on prison ships, and that oaths of neutrality were exacted, and that many were actually transported.
The papers in the case of Betsey Reppeto of Jefferson co. Tenn. widow of William, now on file, shew that he (Reppeto) was a prisoner at Charleston, and was confined on a prison ship, and finally, transported to the Island of Jamaica, where he remained a prisoner until the end of the war. Thus the statements of Gabriel with respect to the siege, and capture of Charleston - the prisoners on pris- -on ships, and exaction of oaths, are con- -firmed. If so, then the Commissioner is bound to allow the claim.
In confirmation of the statements of Robert Philips with regard to the time his brother Gabriel came home from Charleston after the capture, I submit the following. Robert Philips states that it was in the summer of 1781 or 1782 that Gabriel returned home, and that soon thereafter, he was arrested as a deserter and taken before Gen'l Morgan & C, and that

(B.1)
5
Morgan's head quarters was then in Frederick county Virginia. Now let us see how this statement corresponds with historical facts. If there is no clashing between the witness and history, I think his statement is worthy of credit.
It will not be denied that Charleston was captured with Gen. Lincoln's army in May 1780.
It will not be denied that Gen. Morgan fought and defeated Col. Tarlton at the Cowpens in January 1781. eight months after the capture of Charleston.
It will not be denied that Gen. Green's army, including Gen. Morgan's command with prisoners taken at the Cowpens, retreated before Cornwallis into Virginia, immediately after the battle of the Cowpens, and that Morgan secured his prisoners in that state. It was in this way that Morgan happened to be in Virginia with his head quarters in Frederick county, when Gabriel was arrested and taken before him (Morgan) as a deserter, as stated by Robert Philips. He says it was in 1781 or 1782 - Of course it was in 1781.
It seems to me that such evidence, when corroborated by historical facts, should be credited - and when in doubt
About the year 1808 Gabriel Philips went from his home in Hawkins county Tenn. to Georgia to see a fellow soldier named Josiah Perry, for the purpose of proving his service, so as to enable him to obtain his Land bounty and pay. Perry was dead and Philips failed.

I could have proved this by Hon Jacob M Bewley at the time his affidavit was taken, but it was forgotten.
Respectfully, B. McDaniel
Willie Phelps Widow of Gabriel Phelps Esq. of Danube
Pa
The Court of Pensions will hear the arguments in the case of Mrs. Phelps in connection with the argument of Mr. Williams in
Mr. Phelps Esq. of Danube

Greenville Tennessee April 21, 1853
Sir
Sometime between the years 1823 and 1835 an affidavit was sworn to here by Anthony Bewly, before Jacob Bewly, a Justice of the peace, proving the military service of Gabriel Philips of the Virginia Continental line in the war of the revolution, which as I am informed, was placed in the hands of Hon. John Blair, then a M. C. from Tennessee, and which it is believed, was filed by him in some of the Departments at Washington, for the purpose of obtaining for his widow, Milly Philips, the quantity of Bounty land, monthly for other pay due for his services in said war. He died about 1810.
The parties interested, late my constituents, are anxious to obtain that paper, as it is important to them, and it is supposed that it may have been filed in your office.
You will confer a favor, if you will cause a search to be made in your office for this paper, and if found you will please send me a certified copy, or the original, and if the records of your office affords any information or evidence respecting the service of Gabriel Philips, it will be most thankfully received.
It is known that he enlisted in Loudoun Co. Va. for 3 years or for during the war, about 1776, and that he was captured at the surrender of Genl Lincoln at Charleston S.C. but the names of his Capt. and Col. are

not known - The affidavit in question would reveal the facts.
An early reply is respectfully requested
Very respectfully
Your obedt Servt
Andrew Johnson
April 28/53
Co Co
Refrn to reply of Admnl of Revenue, & entitled as informed. by Officer T. C. Cough the 20th March 1853
Recd April 20/53
Adjutant Genl. M. S. A. Washington D. C.

Greenville Tennessee Oct 25th 1852
Sir
Sometime previous to May 1846 I sent to your office the Declaration and other papers of Milly Philips of Hawkins co. Ten. claiming a revolutionary Pension under the Act of 7th July 1838. In your letter to Hon. Andrew Johnson of 25th May 1846, you state (J. L. Edwards) that the papers had been filed and examined; that the marriage was satisfactory, but that you required proof of service &c,
March 15. 1850 I sent to your office through Jesse E Dorr, the statement of Robert Philips of Boles co. Illinois, relative to the service of his Brother Gabriel: Since which time I have not heard from the case.
Please do me the favor to examine that Statement and report to me at this place.
Respectfully
your ob. Svt.
P. McDaniel
J. B. Heath Com. of Pensions Washington D. C.