Revolutionary War Pension and Bounty Land Warrant Application File W. 9358, David Blackwell, Va.

SERVICE
Va.
Blackwell, David Ann
NUMBER
W 9358
CONTENTS

see letter to C. Hunton, Aug. 21.
1837
Set to Hon. Samuel Schitton Feb 20 1844
A 12.365 Virginia
David Blackwell
as Pr: M 1 in the State of Va: who was a pr: Co 1 in the Comp y commanded by Captain Chitton - of the - commanded by in the Va: time for 10 months 21 days -
Inscribed on the Roll of Virginia at the rate of 65 - Dollars 60 - Cents per annum to commence on the 4th day of March, 1831.
Certificate of Pension issued the 24 th day of Oct 33 and Ser th E 1 Province Present -
Arrears to the 4th of March 1833 131.32 Semi-ant. allowance ending Sept - 32.83
164.15
{ Revolutionary Claim, } { Act June 7, 1832. }
Record by Nathaniel Rice Clerk, Book 6 Vol. 6 Page 2

D
3995
Maryland
Robert
Sunn Blackwell widow of David Blackwell Va. who died on the 25th June, 1841, of Washington in the State of Maryland was a Ensign in the Company commanded by Captain Spillar of the Mgt, commanded by in the Wa line for 3 Mos. Anniversary 6 1/2 8 3/4 Private
Inscribed on the Roll of Maryland at the rate of $2 Dollars 37 1/2 Cents per annum. to commence on the 1st day of March, 1831. 25th June 1841, the day of her husband's death.
Certificate of Pension issued the 22nd day of March 1841 and sent to the Hon. Vain Chilton, Secy of War.
Arrears to the 1st of Semi-annual allowance ending
{ Revolutionary Claim, Act July 4, 1836, Section the }
Recorded by. The Lumpskin Clerk. Book Vol. 1 Page 165
Seizing the pension money

State of Virginia
County of Prince William
On this first day of April, 1833, personally appeared in open Court, before the Court of Prince William County, now sitting, David Blackwell, a resident in said County, aged eighty three years next November, 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.
In the Month of Sep r 1775, there were four Minute Companies raised in the County of Fauquier, where he then resided, one of which he joined, commanded by Capt: John Chilton, whose Lieut: was a Mr. Keith, which Company with several others were ordered by the Governor of Virginia to repair to Williamsburg, which they accordingly did, and joined the Troops there assembled. From Williamsburg the Troops were ordered to the Great Bridge, where the Enemy had erected a Fort to prevent the American Army from getting to Norfolk, where their Shipping lay. He was in the Battle fought at the Bridge, which ended in the retreat of the Enemy, who lost in killed and wounded 50 or 60 Men. He assisted in burying the slain. The enemy having retired to their Shipping, our Commander, who was Col. Woodford, proceeded on to Norfolk, to protect that place, and to prevent the Enemy from committing depredations. At cannonading from the Shipping taking place, the Town was consumed by the Enemy. After remaining some time in the neighbourhood of that place, our Troops returned to Williamsburg, where, after several weeks, the Company to which he belonged was discharged, and he got home in April 1776, after having served fully six Months.
Sometimes in 1779 he thinks it was in the fall of 1778 or 79 the Company of Militia to which he belonged in Fauquier was called upon to proceed with all possible expedition to the Potomac, to put a stop to British depredations which had been committed by the British, who had landed in Stafford County and burnt the house of Col. Brent and some others in that neighbourhood. The Company repaired to Burnside, where, and in that neighbourhood, they remained three weeks, and were discharged.
In the Month of September, 1780, a draft taking place in the County of Prince William, where he then resided, it fell to his lot again, and he went. He marched in the Company of Capt: John Bisset. This expedition was destined for North Carolina, at that time invaded by a British force. When he was about to depart, Col. Henry Lee , the Father of the late Genl. Harry Lee, who was Col. of the Louisa County and his particular friend, offered him choice of a Lieutenant in said Company, or a Cornet's place. He chose the latter, and received from him a Commission signed by the Governor, and filled up by Col. Lee. The Company proceeded on to Fredericksburg - From thence to Richmond - thence to Petersburg, and

when they got to the Roanoke River, they halted for further orders, which in about a fortnight were given to proceed on to Hillsborough in North Carolina, to join the Grand Army. It is Commissary being to furnish supplies to this place, it here confined, and he returned to Richmond to settle his accounts with the Auditor, which being done, and his Commission being rendered up to him, he returned home after a service of fully four months. When he received his pay from the Captain, he received the pay of a Commissary and a Quarter Master in the whole, in on which capacity he acted from the time he left Prince William until the Company was delivered at Hillsborough. This was the last service he rendered as a Soldier during the Revolution, except to pay a Substitute to take his place when a notice draft took place in his County. He has no documentary evidence to prove the facts of his Service, but other satisfactory evidence to supply this deficiency is herewith exhibited, and he states that during his said service at the periods spoken of, he was not engaged in any civil pursuit whatever, but was wholly a Soldier.
He hereby relinquishes every claim any claim whatever to a Pension or annuity except the present, and declares that his name is not on the Pension Roll of the Agency in any State.
David Blackwell
Sworn and subscribed the day and year aforesaid
We David Jameson aged seventy nine years residing in Prince William County and John Franklin aged 83 years, the s d B. Jameson being present when Capt. Britt's Company marched to N. Carolina to which Comp y David Blackwell belonged do hereby certify, that we are well acquainted with s d David Blackwell who has subscribed and sworn to the above declaration. That we believe him to be as old as he has stated; that he is respected and believed, in the neighbourhood where he resides, to have been a Soldier of the Revolution, and that we concur in that opinion.
Sworn and subscribed the day and year aforesaid
David Jameson John Franklin
Edm. Pendleton Preside
Com y 4 th Reg t Genl. Wm. 21 $65.66 per ann

And the said Court do hereby declare their Opinion, after the investigation of the matter, and after putting the subjoined Interrogatories prescribed by the War Department, that the abovenamed Applicant was a Revolutionary Soldier, and served as he states. And the Court further certifies, that it appears to them that David Jameson & John Swarthlin _____ who have also signed the same, are residents in the County of Prince William, and are credible persons, and that their Statement is entitled to credit.
I John Williams Clerk of the Court of Prince William County in the State of Virginia do hereby certify, that the foregoing contains the original proceedings of the said Court in the matter of the application of David Blackwell for a Pension.
In testimony whereof, I have hereunto set my hand and Seal of Office, this first day of April 1833. in the year of our Lord one thousand eight hundred and thirty three. Mo. Williams
Interrogatories propounded by the Court viz:
1 Where and in what County were you born?
Answer. — In the County of Northumberland from whence I removed in 1777.
2. Have you any record of your age, and if so, where is it?
Answer. I have none in my possession, but was informed by my elder Brother a great many years ago, that he had, and that I was born in 1753
3 Where were you living when called into Service — Where have you lived since the Revolutionary War, and where do you now live? Answer. The first term in Fauquier — the two last in Prince Wil

liam County - In these two Counties I have lived since I left Northumberland.
4. How were you called into service? Were you drafted - did you volunteer, or were you a Substitute? and if a Substitute for whom? Answer - I first joined a Minute Company in Fauquier County - In the other two I was drafted.
5. State the names of some of the Regular Officers who were with the Troops where you served - such Continental and Militia Regiments as you can recollect, and the general circumstances of your Service.
Answer - Col. Woodford, who commanded at the Great Bridge - Col. Taliaferro of Orange, Col. Stephens of Culpepper - Lieutenant Maa- skel, now Chief Justice, was there and I am well known to him & many others whose names I do not recollect.
6. Did you ever receive a discharge from the Service, and if so, by whom was it given, and what has become of it?
Answer. I do not recollect receiving a discharge in either of the expeditions in Virginia. If I did they have been lost, not occurring it necessary to preserve them. As a Commissary, I had a Commission signed by the Governor of Virginia which I gave up when I settled my accounts with the Auditor.
7. State the names of persons to whom you are known in your present neighborhood, and who can testify as to your veracity, and their belief of your service as a Soldier of the Revolution.
Answer. I am well known by those who have signed the above certificate, and by every other man, I believe, in the County who have been residents many years.
As a Justice of the Peace in and for the County of Washington, in the District of Columbia, thereby certify that I was present at the Court of Pleas William County in the State of Virginia, when the above declaration was presented to the Court of said County, and that the above interrogatories, which were then thereunto annexed, were propounded and answered as stated in open Court: and that the Clerk of the Court omitted putting his signature thereto, not knowing, probably, that it would be necessary.
Given under my hand this 6 th day of April, 1833
Edmund Brooke

Ann Blackwell was born April 13. 1789.
Samuel Blackwell was born April 12. 1791.
Kitty Cathy Blackwell was born March 3. 1793
John Blackwell was born January 5. 1795
Lucy Blackwell was born March 1. 1797.
Elizabeth Blackwell was born November 6. 1799
Mary Blackwell was born 12 th May 1801.
William Blackwell was born August 1803.

Wheat sowed in the year 1792
  3 bush of Broad wheat 105   Wheat sowed in Halkings 7   3 bush in field 85   4 bush in plow field 148   2 bush in do 64   2 bush in do 65   1 bush in the field next Cap Linn 43 
Wheat sowed in the year 1793
 6 Bush. in the Cut about Old House  5 Bush. in the Cut next the Lane  12 Bush. in the Cut adjoining the Meadow  24 Bush. in the Hollowed field 
W. 933 B BLACKWELL, DAVID (VA)
rem. the Am t of s d wheat made with Wm Carrington 21 bush 17 1/2 for £18. 11. 6

Memorandum of Play made in the year 1796
  Cleaned by the Two Litters 12 1/2   Do by the Old People 9   Do by Mr. Masters 3   Do by the Old People 3   Do by the Old People 3   Do Do 2 1/4   Do Do 3 1/4   Do Do 2 1/2   Do Do 4 1/4   Do Do 3   Do Do 13   Do Do 8 1/2   Do Do 2 1/4   Do Do 8 1/2   Do Do 16 3/4   Do Do 10 1/4   Do Do 69 3/4   Do Do 17 3/4   Do Do 13 1/2 
BLACKWELL, DAVID (VA.) (W. 9358)
Play to W m Masters
  3 1 3/4   3 3/4 1 1/4   5   3 3/4   4 3/4   2 

David Blackwell was - Married to Ann Lewis Daughter of Zariah Lewis & Mary his Wife the 29 th May 1776 c
Lewis Blackwell was born March 15. 1777 c
Elizabeth Steptoe Blackwell was born August 17 th 1778 c
Alexander Blackwell was born March 6 th 1780 c
George W m Brent Blackwell was born February 7 th 1782 c
Walter Blackwell was born Aug t 7 th 1784 c
Arthur Blackwell was born April 30 th 1787 c

FREE
Hon. Sam L. Hilton House of Representatives Washington City D.C.
Feb

State of Maryland Washington County
On this 29th day of January 1844, personally appeared before the Subscribers a Section of the peace in the County aforesaid. Ann Blackwell a resident in the County aforesaid, aged eighty five years, who being first duly sworn according to law, doth, on her oath make the following declaration, in order to obtain the benefit of an provision of the Act of Congress, passed July 4th 1836, that she is the widow of David Blackwell who was a private and commissary and was pen- sioned under the Act of Congress of 7th June 1832 at the rate of $65.66 per annum. She further declared that she was married to the said David Blackwell on the 29th day of May 1776; (Seventeen hundred and seventy six) that her husband the aforesaid David Blackwell died on the 25th day of June light hundred and forty one; and that she has remained a widow ever since that period, as will more fully appear by reference to the proof hereto annexed. Sworn to, and subscribed, on the day and year above written before me J. B. Bean
I certify that the said Aun. Wm. is a very respectable old lady, and pro- bably in her 90th year. I do not think she can, possibly, have lived past 90. My hand 29 th January 1844 B. B. Bean

Washington County, Set: I hereby Certify that Benjamin Dean, Esq. before whom the foregoing Deposition or Certificate was made, and who has thereto subscribed his name, was at the time of so doing, a Justice of the Peace of the State of Maryland, in and for the County afore- said, duly Commissioned & sworn.
In Testimony whereof I hereunto sub- scribe my name and affix the Seal of Washington County Court, this 3 rd day of February A.D. 1844.
O. H. Williams, Clerk.

Poolesboro Feb 2 d 1844 Hon. Sam l Chilton Sir
At the request of Col r Weber, of Warrenton Va I procured the County seal & certificate to the enclosed paper, & request- ed it to be forwarded to you from Hagens Town
Very Respectfully
A. Hunt

District of Columbia Washington 6 th July 48 I Arthur Blackwell, depose and say that I am a son of David Blackwell dec d , and Ann Blackwell, that they were Married in Fauquier County State of Virginia as I always understood from my said parents, and from my earliest recollection have seen and known the accompany- ing Book to be an account or Memorandum Book kept by the said David Blackwell and the record of the Marriage of the said David Blackwell with Ann Lewis upon the last pages of the said Book in the following words and characters to Wit: David Blackwell was Married to Ann Lewis daughter of Zacharias Lewis and Mary his wife the 29 th of May 1776. has always been regarded by myself as the date of the Marriage of my said parents, and the entries of the births following after the Marriage as the time of the birth of my brothers and sisters and of myself, and that the said Ann Blackwell has not intermarried since the death of the said David Blackwell, that the said David Blackwell died in Fauquier County State of Virgi- nia in June 1841, and since his death my Mother the said Ann Blackwell removed to Washington County State of Maryland to my House where she now resides Sworn to and subscribed before me this 30 January 1844 J. H. R. Hampton J.P.
Arthur Blackwell

State of Virginia } 55. Fauquier County }
On this 1 st day of August A.D. 1851, personally appeared Margaret L. Blackwell and made oath in due form of law that she was present when Mrs Ann Blackwell died that she died at her house in Hancock Town in the State of Maryland on the 23 d of April A.D. 1848, she further states that the said Ann Blackwell was the widow of David Blackwell decd. late of Prince William County Virginia who was a Pensioner of the United States at the day of his death and that his widow the aforesaid Ann Blackwell was also a United States Pensioner at the rate of Fifty Two dollars and thirty Three cents per annum at the day of her death, she further states that the said Ann Blackwell left the following children who were her only heirs at the time of her death, Elizabeth Jordan, Ann Newman, Harriett Snively, Mary O'Br d , Samuel Blackwell, and Arthur Blackwell her administrator. Margaret L. Blackwell signed and sworn to before me this 1 st day of August 1851 and I certify that Margaret L. Blackwell is personally known to me and I certify that she is a lady of high respectability and her evidence would be taken in any of our courts of Record.
W m Helm
State of Virginia, Fauquier County to wit:
I William H. Jennings, Clerk of the County Court of the said County, in the State aforesaid, do

hereby certify that William Nesbitt Esquire, before whom the foregoing declaration and affidavit of Margaret L. Blackwell was made, is a Justice of the peace in and for the said County and State aforesaid, duly commissioned and qualified to administer oaths for general purposes. I further certify the signature of the said Justice to be genuine.
In testimony whereof I have hereunto set my hand and affixed the seal of the said Court this the 1st day of August 1851.
Wm H Jennings C. Clerk

November 29, 1937
XXXXXXXXXXXX
BA-J/EHL
David Blackwell- S.6666
David Blackwell- W.9358
Mildred C. Horner 6550 S. Richmond Street Chicago, Illinois
Dear Madam:
Reference is made to your letter in which you request the Revolutionary War records of two soldiers, named David Blackwell, one of Hanover County, Virginia and the other of Fauquier County, that state. The records of these soldiers are furnished herein.
David Blackwell S.6666
The data which follow were obtained from the papers on file in Revolutionary War pension claim, S.6666, based upon the military service in that war of David Blackwell.
David Blackwell was born August 24, 1764, near Newcastle, Hanover County, Virginia. The names of his parents are not shown.
While residing in said Hanover County, David Blackwell enlisted and served as a private in the Virginia troops, as follows: from the fall of 1779, as a substitute for John Blackwell (no relationship shown), three months in Captain John Stanley's Company, Colonel Nelson's Regiment; from July 1, 1780, two months in Captain Richardson's Company, Colonel Nelson Anderson's Regiment; from May, 1781, two months in Captain John Quarles' Company, Colonel Charles Dabney's Regiment, under the Marquis De Lafayette; in same year, one month and two weeks in Captain Thomas White's Company, Colonel Thomas Merriwether's Regiment and was at the surrender of Lord Cornwallis.
After the Revolution, he resided a part of the time out of Virginia, place not stated, then returned to Hanover County, Virginia, where he had been living eight years when he was allowed pension on his application executed October 23, 1832.
There are no data as to soldier's family.

In order to obtain the date of last payment of pension, the name and address of person paid and possibly the date of death of the Revolutionary War pensioner, David Blackwell (S.6666), you should address The Comptroller General, General Accounting Office, Records Division, this city, and cite the following data:
David Blackwell Certificate No. 2322 Issued November 23, 1832 Rate $28.21 per annum Commenced March 4, 1831 Act of June 7, 1832 Virginia Agency.
*****
David Blackwell W.9358
The data which follow were obtained from the papers on file in Revolutionary War pension claim, W.9358, based upon the military service in that war of David Blackwell.
David Blackwell was born in November, 1750, or in 1753, in Northumberland County, Virginia. The names of his parents are not shown.
In September, 1775, while a resident of Fauquier County, Virginia, David Blackwell enrolled in a company of minute men which was one of four companies raised in said Fauquier County. His company was commanded by Captain John Chilton and was ordered out by the Governor of Virginia to go to Williamsburg, after which they went to Norfolk and was in the battle of Great Bridge, under Colonel Woodford in the Virginia troops; he was discharged and reached home in April, 1776, having served six months; he enlisted in the fall of 1776 or 1777, served in same company and marched to the Potomac River where the enemy was committing many depredations, length of this service, three weeks; he enlisted in September, 1780, in Prince William County, Virginia, where he was then living, as a private in Captain John Brett's Virginia Company but before he had rendered any service, was appointed commissary and served as commissary and quartermaster for four months.
Identified officers. Col. not in Whitman as Com. & Quarter-master.

David Blackwell was allowed pension on his application executed April 1, 1833, while residing in Prince William County, Virginia.
He died in Fauquier County, Virginia, June 25, 1841.
The soldier married May 29, 1776, in Fauquier County, Virginia, Ann, the daughter of Zacharias and Mary Lewis. The date of birth of Ann is not stated. About January 1, 1842, Ann left Fauquier County, Virginia, and went to Washington County, Maryland, to reside with her son, Arthur Blackwell.
Soldier's widow, Ann, was allowed pension on her application executed January 29, 1844, at which time she was aged eighty-five years and resided in Washington County, Maryland.
She died in Hancock, Washington County, Maryland, April 23, 1847.
The following names of children of Robert and Ann Blackwell are shown.
   Lewis Blackwell . . . . .  born March  15, 1777.    Elizabeth Steptoe Blackwell . . . . .  " August  17, 1778.    Alexander Blackwell. . . . .  " March  6, 1780.    George William Brent Blackwell . . . . .  " February  7, 1782.    Walter Blackwell. . . . .  " August  7, 1784.    Arthur Blackwell. . . . .  " April  30, 1787.    Ann Blackwell . . . . .  " "  13, 1789.    Samuel Blackwell. . . . .  " "  12, 1791.    Caty or Kittie Blackwell. . . . .  " March  3, 1793.    John Blackwell . . . . .  " January  8, 1795.    Lucy Blackwell . . . . .  " March  1, 1797.    Harriet or Harriet Blackwell . . . . .  " November  6, 1798.    Mary Blackwell. . . . .  " May  12, 1801.    William Blackwell. . . . .  " August  ---, 1803.   
The following children survived their mother: Elizabeth Jordan, Ann Newman, Harriet Spivey, Mary Orr, Samuel Blackwell and Arthur Blackwell. In 1855, one Mary Brent, of Prince William County, Virginia, stated that she was a daughter of David Blackwell, the Revolutionary War soldier. The names of the husbands of the above named daughters are not shown.

In 1851, one Margaret L. Blackwell made affidavit that Ann Blackwell, widow of David Blackwell, died at her home in Hancock, Maryland; no relationship of said Margaret to the family was stated. Son Arthur Blackwell was living in Hancock, Maryland in 1855, and was the administrator of the estate of his mother, Ann Blackwell.
*****
Very truly yours
A. D. HILLER Executive Assistant to the Administrator.

Hen W.T. Hamilton Feb 15/53

1937- Nov 29. Hist Re Mildred L. Horner Letter in case David Blackwell - R. 6666 EBS
Rev WIDOW, &c.
File No. 9358
Annt Blackwell Wid. of David Blackwell Part. own line
Act: July 4/36
Index:—Vol. A , Page 67
[Arrangement of 1870.]

Sister to V. Ellis Oct 30/57
August 15 th 57 Ann Blackwell's children Claim for increase of pension
Capt Lipton
Winny pursuit

To the Govr. of Pensions
Sir, In behalf of the children lastw. of Mr. Simon Blackwell, widow of David Blackwell I have to ask an increase of pension on the ground that the law fixing the pay of commissary was misconstrued when the pension was allowed, & that upon the proof of Simon as admitted she was entitled to a larger sum than was allowed. Her husband was allowed for 4 months as commissary & 21 days as private. See his papers under act 7 June 1832. On this basis she should have been allowed (as well as David himself) $100 per year as commissary and about $22.80 as private making say $122.80 per year instead of the sum allowed to said

David Blackwell to wit $115.16 paid to Mrs Ann Blackwell to wit $52.33 per annum. The claim now therefore made is, for $122.50 (or thereabouts) per annum from 4th March 1831 to 23 d Ap l . 1838 deducting the sums heretofore paid to said David & Ann Blackwell respectively.
It is desired that the amt of interest be paid in this City.
Respectfully submitted
William Ellis for Nathan Blackwell admr

4 months company at $600. $100 1 mo 21 days private at $80 mo 22 .80 $122. 80

Ann Blackwell
at Maryland
act 4 July '36 -
wait for Lady Allen m 76 -
atmd
3 mo comm ry
6.21.07 per
52 33. -
52
to commence
from 25 June 1841 the day of her husband's death
Hon. Saml. Chilton H. R.

David Blackwell b. 65-66 act 7 June 32 last paid?
20 marks 44
Died 25 June 1841 / 21. Shul. pecun
[Signature]
JA
See let 10 mo

24.320 - 93.3 224 216
L th 7 mo. 93.33
13 5.77
adj 2. 26.66
23 10.21
260 395.97

Henry Brant
David Blackwell
on line act 1832.
Wm B Marshall

know all men by this present that I Mary Brent of the county of Prince William and State of Virginia do hereby constitute and appoint W B Marshall my true and lawful attorney for me and in my name to examine my fathers papers on file in the Pension office in testimony whereof I have hereunto set my hand and seal this 8th day of Sept 1835
Mary Brent.
Subscribed to and acknowledged before me This 8th day of Sept 1835
James Ball J.P.

Department of the Interior Washington March 27 th 1852
Sir
I herewith return the papers in the case of Anna Blackwell your decision in which is affirmed. You will please advise V. Ellis Esq the attorney for the claimant of the result.
I am very Respectfully Your Obedient Servant Hen. K. H. Stuart Secretary.
James E. Heath Esq. Commissioner of Pensions

Argument of V. Ellis

p.s.
Thomas Keith W a whose husband was a commissary has been allowed at the rate now claimed, and hundreds of similar cases have also been allowed since the decision of Secretary Ewing.
Respectfully submitted
Rebecca Ellis Atty

Washington 24 March 52
To the Secretary of the Interior, Sir,
In answer to the argument or report of the Comr. of Pensions in the case of Mr. Sam Blackwell's children, I have to say, 1st. That H. Blackwell's claim was allowed for 6 mo. 21 days as private & 4 months as commissary not for the time stated in the report; in all 11 mo 21 days.
6 mo. 21 days as private — $22.80 4 mo commissary — 100.00
The true amt. of pension was $122.80 instead of which he was allowed but $65.66 2/3 per annum: and by reference to the allowance to his widow, who was entitled to the same pension due to her husband, the former commiss. sum of pensions, reduced the pension "without rhyme or reason" to $52.33 cts per annum.
2 d . The Comr. says "His claim is now that the compensation as commissary shall be increased according to the amount now allowed ". And why not? It was an error of the Pension Office & no fault of the applicant, that the proper allowance was not originally made. Indeed the applicant complained in August 1837 of the unjust allowance. See letter of Col Charles Hinton filed.

It was not known till 1849 that this department allowed Commissaries $600 per annum, under a decision of Secretary Ewing, of course, no increase was allowed when the former applications were made. Prior to 1849 Commissaries were only allowed $320 or $480 per annum according to the caprice of the then Commissioner. Since 1849 nearly every case has been increased under the decision of Mr Ewing above referred to. Why should not the children of Mrs Blackwell receive the benefit of this decision? She was dead before Mr Ewing made that decision. She died in April 1848. In January 1844 she complained of the allowance made to her & to her husband. See her letter filed amongst the papers. But though both Maria Blackwell & Mr Blackwell complained of the allowance (see their letters) & both died without receiving justice, the children are denied justice whilst it is admitted that the rate allowed was not the rate now allowed for the same services. 3 o . The Govt. takes the untenable ground that it is proper in correcting

The error of law committed by the pension Office, to adopt a new rule of evidence, as to service, & deny the claimants the benefit of this error of law, because they cannot now after a lapse of 19 years bring further proof of Mr. Blackwells service.
Mr Blackwells service was admitted in Ap l 1833, for 10 months & 21 days, in conformity with the rules & regulations adopted in 1832, one of which rules was that the party should make oath to his service & if he had no further evidence, he should procure the affidavits of 2 witnesses that he was reputed to have been in the service. That was done , & it was then held sufficient. If it had not been held sufficient, probably the original applicant could have procured further proof, which his heirs cannot now procure. Thousands of cases were allowed in 1833. 4. 5. & 6, upon the affidavit of the party himself, & the opinions of two witnesses, as in this case! The Commission admits that if Mr Blackwell had lived till after July 1848, the decision of the late

Commission another question of service could not be disturbed!
I am not competent to appreciate this distinction I beg leave to decline its discussion.
The case presented is this. David Blackwell was allowed $65.44 cts per annum for services which now under the rate of pension fixed by Mr Ewing in 1849 would be fixed at $122.80. He protested against this allow- ance in 1837. (See letter.)
His widow was pensioned at $52.33 cts by a similar error. & She protested against it in 1844. She died in 1848. Mr Ewing in 1849 decided in a similar case that a Commissary should be pensioned at the rate of $600 per year for 2 years service. Her children now claim what their father Smother demanded. Shall they receive it?
This case is expressly embraced in the amendment made by the Commissioners of pensions last August to his former rules adopted last April to which please refer. The widow of

Washington 30 Dec '57
To the Secretary of the Interior,
Sir, I ask an appeal from the decision of the Commission of Pensions, in the pension claim of Mrs Ann Blackwell, widow of David Blackwell, of the Virginia line.
Very respectfully Yours obediently William Ellis
Mrs Blackwell was pensioned under act 4 July 1836 No 3595 David Blackwell was pensioned under act 7 June 1832 No 12368. An increase of both pensions is asked on the ground of a mis- construction of the law.
W. E.

Hancock 5 th August 1851
V. Ellis Esq re
Dear Sir
I rec d by yesterdays mail a letter from Doc t W m Hilm that you were attending to his business in his absence and also to enclose to you my Mothers pension certificate, you will discover that there is a month and some days due up to the time of her death, which you will be good enough to attend to
Very respectfully yours Arthur Blackwell

Certificate of 3rd order

Ann Blackwell, widow of David, a pensioner of the Maryland Agency under the Act of 4 th Febry 1836. at $52.33/100 per annum. Pension paid to 4 th March 1848. 3 Auditor's Office July 24 th 1851.
J. B. Gallagher Audt
D. Wm Hahn

The State of Maryland,
To all whom these presents shall come Greeting:
Know Ye, that on the 27th day of May in the year of our Lord one thousand eight hundred and fifty one, Letter of Administration was regularly granted to Arthur Blackwell, on the personal estate of Ann Blackwell, deceased, by the Orphans Court of Washington County, duly thereunto constituted and appointed, according to the functions of the Act of Assembly in that case made and provided; and the said Arthur Blackwell came in the said Court and accepted of the said appointment, and gave bond, with securities, which was approved by the said Court, for the performance of his duty as Administrator aforesaid,
In Witness Whereof, I have hereunto set my hand, and affixed the seal of my office this 27th day of May in the year of our Lord one thousand eight hundred and fifty one.
James Mason, Register of Wills for Washington County
Maryland, Washington County to wit:
I, John Baker, chief Justice of the Orphans Court in and for Washington County, in the State of Maryland, do hereby certify that James Mason is the Register of Wills in and for said County and State, and that the foregoing attestation by him made is, in due form, and by the proper officer:
In Witness Whereof, I have hereunto set my hand and affixed my seal, at Hagerstown, in said County, this 27th day of May 1851
John Baker } Chief Justice } of said Court }

Maryland, Washington County, ss.
I, James Mason Register of Wills in and for Washington County, Maryland, hereby certify that John Baker, who appears to have taken and signed the foregoing attestation was at the time of taking and signing the same, and still is the Chief Justice of the Orphans' Court aforesaid, duly, Commissioned and qualified and to all his acts as such, full faith and credit are and ought to be given, as well in Courts of Justice as elsewhere.
In Testimony Whereof, I have hereunto sub- scribed my name and affixed the public seal of my office this 28th day of May in the year of our Lord one thousand eight hundred and fiftyone.
James Mason,

Know all men by these presents, that I Arthur Blackwell of Hancock Washington County and State of Maryland, son and Administrator of Ann Blackwell deceased widow of David Blackwell deceased late a Pensioner of the United States, do hereby constitute and appoint William Helm of Warrenton Fauquier County and State of Virginia my true and lawful attorney in fact to examine the Pension papers of my Father David and my Mother Ann Black- well deceased with a view to obtaining such increase of Pension as may be found to be due for the Revolutionary service of my said Father and to do any and all acts in the premises that I would be allowed to do were I personally present, witness my hand and seal this 27 th day of May 1851
Arthur Blackwell Seal
State of Maryland Washington County, to wit: On this 27 th day 1851 Arthur Blackwell above named personally before me the subscriber one of the Justices of the peace in and for the said County and State aforesaid and acknowledged the foregoing power of attorney to be act and deed, and did also make oath on the Holy Evangel of Almighty God, that he, in his own right, and that of his Sisters and brother, are the only persons interested in the increase of the above mentioned pension, In testimony whereof I hereunto subscribe my name the day and year last above mentioned
Sheppard J P

Washington County, to wit: I hereby certify that C. Sheppard, Gentleman, before whom the within acknowledgment was made, and who hath thereunto subscribed his name, was at the time of taking and subscri- bing the same, one of the Justices of the peace of the state of Maryland in and for said County, duly commissioned and qualified;
In Testimony whereof I hereunto subscribe my name, and affix the seal of Washington County Court, this 27th. day of May, A.D. 1857.
Isaac Mershick, Clerk.

Warrenton, Virginia 10 th April 1857.
Dear Sir:
In the case of Ann Blackwell dec d widow of David Blackwell you will please look at the allowance Made to the widow of Thomas Keith Commissioner of Virginia, - she was allowed $600.00 per annum - in January 1846, under my Agency with the aid of John S. Barbour, - why not the same for Mrs Blackwell? her husband David Blackwell was Commissioner & Quorummaster her son, Mr. Arthur Blackwell, has agreed with me upon the compensation. I am to have and will administer as soon as he can, and from the time of his Mother's death her living children at that time & and forward me the papers, so you can go at it. - The increase ought to be of 120 per annum or rather the pension ought to have been of 120 per annum deducting what was annually paid to her in his life time & her while she lived.
In relation to the McHenry case have you obtained any proof? My offer to you of half of our year's pay was in case you could get the proof of his service as surgeon That is my memorandum. I have not been able yet to see her to take her declaration.
Immediately on my return home I rec d a letter from Mr Sagar requesting that I would not dispose of the Capt. Edward Digg's claim money, That he represented "the real heirs," It turned out that he represented the heirs of one of the sisters that I obtained the money for.
Yours in haste
Wm. H. Allen

House of Representatives 13 th Feb 1844
J L Edwards Esq Champion of Russia
Sir
I send enclosed Mr Blackwells declaration for Russia which you will do me the favour to consider at your earliest convenience Very Respectfully
J M c Kitton

District of Columbia Washington City to wit.
Charles Hunton of the County of Fauquier, and State of Virginia, personally appeared before the subscriber a Justice of the peace in the said Washington City, and deposed and said, that, for many years prior to the year 1841 he was intimately acquainted with the David Blackwell and Ann his wife, and that the said David Blackwell departed this life on the 25 th June 1841. He the said Hunton, at the said time, lived near the residence of the said David Black- well, and saw him buried. About the first of January 1842 the said Ann Blackwell, went to live with her son Arthur Blackwell in Washington County State of Maryland; and from information that he has full reliance in, she now resides there, and is the identical Ann Blackwell referred to, above, as the widow of David Blackwell dec. d who was a Revolutionary Pensioner of the United States in the State of Virginia - after the death of the said David Blackwell, he the said Charles Hunton who was then a member of the Senate of Virginia, with proper authority, received from the agent to pay Pensioners of the United in Virginia, the Pension of the said David Blackwell from the 4 th March 1841 to the 25 th June 1841 for the said Ann Blackwell; and to the best of his recollection, he left with the said Pension agent, the Pension Warrant, - Sworn to and subscribed before me this 30 January 1844 J. H. R. Hunton J.P. C. Hunton

The within statement, subscribed and sworn to before me this 30 th Jan y 1844.

Buckland August 17. 1837
Dear Sir
I am requested by Mr. David Blackwell of this place to write to you concerning his pension - He thinks he is not allowed as much as he is entitled to under the Law - and informs me that he served in the Revolutionary war Eight months as a soldier, and four months as commissary and Quarter master, all of which is established by papers on file in your Office.
Mr. Blackwell is very old and respectable - If you will have the case examined into you will much oblige the old gentleman and your O. S. with much respect -
J. L. Edwards Esq.
W. Atkinson

Hancock Maryland 29 th January, 1844
Commissioner of Pensions Sir:
My husband the late David Blackwell was Pensionsed by the United States under the Act of June 7 th 1832 as a Private & Commissary at the rate of $65.66 per annum which he re- -ceived semi-annually as long as he lived which was until the 25 th day of June 1841. He complain- -ed during his life time that he was not allow- -ed enough pension per annum for the ser- -vice which he rendered during the Revo- -lution, this is therefore respectfully to ask you to re-examine the papers in his case in order to ascertain whether he was allow- -ed the full amount due for all the service he rendered as a commissary & other way and if any portion of pay is still due I respectfully ask that it may now be allowed to me as his widow. Ann Blackwell
Hon. Samuel Child will please present the above petition to the Commissioner of Pensions and he will greatly oblige his old friend Ann Blackwell

District of Columbia
Washington City D C
Charles Huntton of the County of Fauquier and state of Virginia person- ally appeared before the Subscriber a Justice of the peace in the City aforesaid, and stated - that he has known for many years the within named Ann Blackwell the widow of David Blackwell deceased who was a Pensioner of the United States in the State of Virginia - The said David Blackwell departed this life June 25 th 1841 and about the 1 st of Jan y 1842, she left Fauquier County for Washington County in the State of Maryland to reside with her son Arthur Blackwell, and from information that I can rely on she is still living with her said son Subscribed and sworn to before Ch s Huntton me this 30 th Jan y 1844 J. H. R. Hampton AP

Brief
Case of the heirs of Anna Blackwell decd widow of David for increase of Pension: Act 7 th June 1832.
Statement
David Blackwell decd husband of Anna, was pensioned under the act of June 7 th 1832 on the 24 th day of April 1833, at the rate of $65 44 / 100 per annum for 10 months & 21 days service. See paper marked A. This pension appears to have been granted on Blackwells declaration alone and for the full time therein set forth viz. 6 mo & 21 dys as a private & 4 months as Commissary - See his declaration marked B & Mr Duntons letter marked C.
David Blackwell died 25 th June 1841. And his widow Anna Blackwell was pensioned under Act July 4 th 1836, on the 22 d of March 1844, at the rate of $52 33 / 100 per annum to commence on the 25 th June 1841. for 3 months service as Commissary & 6 mo & 21 dys service as private of said David Blackwell on the following Evidence
Declaration of Anna Blackwell dated Jan'y 29 th 1844 setting forth her claim as the widow of David Blackwell. See paper marked F a & D which shows the amt of Pension then granted. She died ap t 23. 1848 see paper F b .

It appears from the foregoing evidence that both David Blackwell & subsequently his wife Anna, were respectively pensioned on his declaration alone - the other papers in the case consist of proof of marriage, heirship &c. &c. but do not relate to the question at issue in this case, which is discussed by the Comt of Pensions, in his Report & by Mr Ellis in his argument and may be thus briefly stated viz The heirs claim the difference between the amount paid David Blackwell & Anna Blackwell in their lifetime for his services as Commissary - and the increased pay allowed Commissaries under a decision of Secretary Gowing
Respectfully Submitted Nicholas Cleary
Brief Case of Anna Blackwell act 4 July 1836 for increased pension
Approved - March 29/36