Volume 9, Number 5 - Fall 1986
FAMILY TREE RESEARCH
By Sandra Murray Freeling
Continued from Volume 9 - Number 4
Pension File #R6569, Braxton Mabry
State of Missourin )ss
Greene County
I On this 11th day of September personally appeared in open Court before worshipful county court of the county of Greene in the State aforesaid now siting Braxton Mabry a Resident of this vicinity ? the county of Greene and State of Missouri, aged 83 years, who being first duly sworn according to law doth on his oath make the following Declaration in order to obtain the benefit of the act of Congress passed the 7th of June 1832.
That he entered the service of the United States under the following named officers and served as herein stated. The first tour he enlisted he states he enlisted for service in a minute company under Capt. James Mason which was commanded by Col. Marshal in the year 1776 on the last of March (February?) or the first of February (March?) in Brunswick County in the State of Virginia. The company was called to Williamsburg as a guard to the American magazine where he remained until the first day of July 1776. From there we marched under the command of Col. John Marshal to Little York and there Col. John Waffin took command of us and there remained till about the last of August. From there we returned home which? the first. He then states that he entered the service again according to his number some time about the month of April or May 1778. He states he hired a substitute in consequence of the illness of his family who served his tour of nine months for which ? my ? under Capt. Henry Conway which company was under the command of Gen. Stephens. He then was called on to guard the American stores about the first of April 1888. He then received a Lieutenants commission under Capt. John Watters. From thence we marched to the ? ? by the name of? near ? ? when an express came to march the company to the southwest. After a march of two days an express came to muster the men out of service and discharge them. He states he received a discharge for a nine months tour of duty tour time in May 1781. There were then companys called for from Pittsylvania County Virginia and he volunteered in the company of Captain William Dix. We thence marched thence to York Virginia and two other companies one of which was commanded by Capt. Charles Williams & Capt. Charles Hutchinson. After he got to York the three companies were thrown into two and there he fell under the command of Charles W. Meany(?) as Lieutenant. We were under the command of Gen. Edward Stephens & Col. Maryweather. Then there we remained during the whole siege. He was then called on to guard the ? to the North. He states that he has no documentary evidence and that he knows of no person whose testimony he can procure who can testify to his service.
He hereby relinquishes every claim whatever to a pension or anuity except the present and declares that his name is not on the pension roll of the agency of any State.
Sworn to and subscribed this 11th of Sept. 1833. Braxton Mabry
We William Hodges, Clergyman, residing in the County & State aforesaid, and William Sorrels, residing in the same, hereby certify that we are well acquainted with Braxton Mabry, who has subscribed and sworn to the above declaration, that we believe his to be 83 years of age, that he is reputed and believed in the neighborhood where he resides to have been a soldier of the Revolution and that we concur in that opinion.
his
William X Hodges
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William X Sorrels
Sworn to and subscribed the day and year aforesaid.
James Doilison P.C.C.
And the court do hereby declare this opinion after the investigations of the matter and after putting the interrogatories prescribed by the war department, that the above named applicant was a Revolutionary soldier and served as he states and the court further certified that it appears to them that William Hodges, Clergyman, who has signed the preceding certificate is a Minister of the Gospel ? in this vicinity and that William Sorrels who has also signed the same is a resident in the same and is a credible person and that their statement is entitled to credit.
James Dollison P.C.C.
Samuel Martin
I John P. Campbell, Clerk of the Court of Greene County do hereby certify that the foregoing contains the original proceding of the said court in the matter of the application of Braxton Mabry for a pension.
In testimony whereof I have hereunto set my hand and affixed my private seal there being no seal of office this 9th day of Jan (Jun?) 1834.
John P. Campbell, Clerk
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Pension File #R6569, Braxton Mabry Declaration
In order to obtain the benefit of the Act of Congress passed June 7th 1832.
State of Missouri)
Taney County
On this sixth day of February in the year Eighteen hundred & thirty eight personally appeared the undersigned Applicant for a Pension of the county of Taney in the State of Missouri before William Archer one of the Judges of the County Court within & for said county. Braxton Mabry a resident of said county at the county aforesaid in the said State of Missouri aged Eighty seven years on the Twenty second day of May last who being duly sworn according to law doth on his oath make the following declaration in order to obtain the benefit of the provision made by the act of Congress passed June 7th 1832. That he entered the service of the United States under the following named officers. Viz, on or about the last of February or the First of March in the year 1776 he enlisted under the command of Captain James Mason, Capt. of a Minute company in Brunswick County in the State of Virginia & marched to Williamsburg, the then seat of Government of the State of Virginia to defend that place & the American Magazine which was at that place from being destroyed by the British. The General assembly of the said State of Virginia being then in Session, Lord Dunmore who had been Governor of Virginia had left that place and had gone aboard of a British man-of-War who having destroyed Norfolk was then about to invade Williamsburg & the magazine. Lord Dunmore lay hovering about with his Man-of-War in James River for a considerable time. A few hundred Regulars commanded by General Scott, the Volunteers Militia & Minutemen gathered in so fast that Dumore did (not?) think proper to land his men, but sailed down James River & around to a place called Gums Island in order to plunder as was said. On the third day of July 1776 it was thought proper by the Virginia Assembly to march about Two thousand men to Gum’s Island under the command of Col. Martial. When we got to Yorktown it was thought proper to leave Two companies there. The Two companies left there were Captain James Mason’s Company of Minutemen & Captain Alexander’s Company of Regulars. These Two companies were left under the command of Col. John Ruffin in which company of minuteman this Declarant was & served. In a few days Gen. Scott marched with the Regulars to the assistance of those who first went to Gum’s Island. The canonading was very severe and Lord Dunmore & his army were drove off, we continuing then until between the middle & last of September following as well as my memory serves me & were then discharged. In the year 1778 in the month of March I was called in Captain Stephen Coleman’s Company of Militia. I was called for & upon proof that I had served a Tour, I was discharged. In March 1779 I was called for again. I then hired a substitute who entered the service under the command of Captain Henry Conway in Pittsylvania County, Virginia, delivered said substitute to the Captain & took my Discharge for nine months. In a short time in the Spring or Summer of 1779 I received a commission of First Lieutenant Signed by Thomas Jefferson who was then Governor. Some short time after that orders came to Captain Waters to march to an old stone near Dan river then to hold himself in readiness to march when called for. We accordingly marched to that place. And when the day came at which Captain Waters was to march we marched to Boyd’s Ferry on Dan river. And between sunset & dark the last of September 1780 as well as I recall it we received orders to discharge the men, our time being so near out it was thought needless for us to go any further, which was accordingly done & we returned home. In March as well as I recollect 1781 an express came for three companies from Pitt-sylvania County, Virginia. Captains Charles Williams, Charles Hutchinson & William Dicks commanded the three companies. Williams’ & Hutchinson’s companies were made out men & officers; Capt. Dick’s company was made out the First Lieutenant & Second Lieutenant of which company made excuses which were received. I then volunteered & took the place of First Lieutenant in said company & marched the men myself. A few days after the Gilford battle we marched from Pittsylvania to Petersburg and were to join the Marquis De LaFayette, Commander in Chief & General Wayne on the north side of James River & it being out of our power to cross James River until we got to Jamestown on said river we crossed at Jamestown. Some few days before we crossed, Gen. Wayne had a battle with a part of Cornwallis’s army at Jamestown. The party of British were retreating when Gen. Wayne saw Cornwallis’s army all in order of Battle & him at the head. Wayne made use of the first impression that passed his mind & cut through a part of the British army & made his escape. And Cornwallis did not think proper to follow Gen. Wayne. We then marched to York & then we joined the army. When we got there Capt. Charles Hutchinson & his ensign deserted & the three companies were thrown into two. This was the fall of 1781 and I think on the seventh of October in that year. I think our hundred pieces of cannon were let loose upon the British at York, a severe cannonading in which I was engaged
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& on the seventeenth I think the articles of capitulations were concluded & on the nineteenth the british marched out & grounded their arms. We were placed under the immediate command of Brg. Gen. Edward Stephens, Col. Meriwether was under his command & I acted the whole time a Lieutenant. After this the militia officers of Virginia were all paraded & were divided by lot, some to march with the prisoners & some were to be discharged to go home. It fell to my lot to march with the prisoners. I served in the Revolutionary War to the best of my recollection as above specified Fifteen months as a private and Eighteen months a commissioned officer, viz. Lieutenant. And on the 20th of Oct. 1781 I hired an officer to take my place to march the prisoners from York to the barax & I then left the service. The first time I enlisted I lived in Brunswick County, Virginia, the second time in Pittsylvania & the third time in Pittsylvania & the fourth time in Pittsylvania. Where and in what year were you born? Question by the Judge. Answer, In Brunswick County, Virginia, May 22nd, 1750. By the Judge. Have you any record of your age & where is it? Answer. I have and it is in my possession. By the Judge. Where were you living when called into the service? Answer. In Brunswick County, Virginia the first time & in Pittsylvania County, Virginia every time afterwards. Question by the Court. Where have you lived since the Revolutionary War? I lived in Virginia till I was Fifty Eight years of age, in Tennessee eighteen years, Chariton County, Missouri near three years, Macoupin County, Illinois near four years & then moved to Greene County, Missouri. By the Court. Where do you live now? Answer. In Taney County, Missouri. 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 volunteered every time. State the names of some of the regular officers who were with the troops when you served such continental & militia regiments as you can recollect & the general circumstances of your service. Answer. Gen. Washington, Gen. LaFayette, Gen. Wayne. As to the continental regiments I do not now recollect. The general circumstances of my service are as above stated as well as I can recollect. By the Court. Did you ever receive a discharge from the service & if so by whom was it given & what has become of it. Answer. I received two discharges as a soldier, one from Capt. Henry Conway & the other from Capt. William Macin. I kept them about forty (years?), left them in the care of a son who left them in Overton County, Tennessee & I know no more about them. By the Judge. Did you ever receive a commission? I did. By the Judge. By whom was it signed? Answer. By Thomas Jefferson, Governor of Virginia. By the Judge. What has become
of it? It went with my discharges as above stated. This applicant further states that during his said service he was not engaged in any civil pursuit. He hereby relinquishes every claim whatever to a Pension of annuity except the present, & declares that his name is not on the Pension Roll of any agency of any state & that he has no documentary evidence & knows of no person who can testify to his services living.
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Braxton X Mabry
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Sworn to & subscribed before me
the day & year aforesaid.
William Archer Judge of the County Court of Taney County, Missouri
And now on the same day Viz. on this sixth day of February 1838 the above-named Braxton Maybry after a little reflection states in addition to the above that he recollects that Sen. Washington was Commander in Chief at the time of Cornwallis’s defeat as surrender. It was said Gen. Lincoln was there. Our Col. Hardiman was there in command, he was officer of the day. Whilst we were in the Fort, we were finishing our main Fort facing the British main Fort, which Fort we were finishing had been commenced the day before. We were likewise ordered the same day early in the morning finish an entrenchment which took us till eight o’clock & then marched to the main Fort. There were two companies of us at the Fort. I commanded one & Capt. Wm. Dicks commanded the other, all under the command of Col. Hardiman. We were then engaged in laying the foundation for the cannon & ? with the breastwork. During the day we were then expressed to the British Redcoats & the Americans laying in the rear of us could not fire that day owing to our situation at the Fort. In a night or two after that Washington commanded the British Redcoats to be stored, which was done, one by Sen. LaFayette & the other by a Col. who as I understood was a Frenchman, as commanders at that time. I was in the rear of Gen. Mulinburg’s command, Gen. of the Regulars. He further states that his memory is fading & therefore he is unable to call to memory as many circumstances of his services as he formerly could, nor can he recollect the names of as many officers as he once could, nor can he on account of loss of memory remember the precise times of his services except as above specified. He remembers that he served at least as long as he has stated & underwent great hardships, privations and dangers.
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Braxton X Mabry
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Sworn to & subscribed before me this day & year above written.
William Archer Judge of the County Court of Taney County, Missouri
An additional question by the Judge. State the names of some persons to whom you are known in your present neighborhood & who can testify as to your character for veracity & their belief of your services as a soldier of the Revolution. Answer by Applicant. Daniel Redman, Josh Roe, Jesse Jennings, James Oliver, Joshua Hodge & for the satisfaction of the Judge I refer him to every man in my present neighborhood.
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Braxton X Mabry
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Personally appeared before me William Archer, Judge of the County Court of Taney County, Missouri, James Mabry, who being duly sworn doth depose & say that about twenty years ago I left the papers of Braxton Mabry which were in my custody as above stated by him in Tennessee not knowing that his Discharges & commission would ever be of any use or called for & that it is not in my power to procure them. He further states that said Braxton Mabry is my father & was always reputed in his neighborhood to have been a soldier & officer of the Revolution as above stated.
James Mabry
Sworn to & subscribed before me this 8th February
1838.
William Archer Judge of the County Court of Taney
County, MO
We, William Hodges, a clergyman, residing in Taney County, Missouri, and Ruben Clevinger, residing in the same county, hereby certify that we are well acquainted with Braxton Mabry who has subscribed and sworn to the above Declaration, that we believe him to be Eighty seven years of age as he represents, that he is reputed & believed in the neighborhood where he lives to have been a soldier of the Revolution & that we concur in that opinion. Feb.
8th, 1838.
William Hodges, P? G
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Reuben X Clevenger
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And the said William Archer, one of the Judges of the County Court of Taney County in the State of Missouri doth hereby certify & declare his opinion after the full investigation of the matter & after putting the interrogatories prescribed by the War Department that the above named Applicant Braxton Mabry was a revolutionary soldier & officer & served as he states, And the said Judge doth further certify that it
appears to him that the said William Hodges who has signed the preceding certificate is a clergyman resident in said County of Taney and that Rubin Clevinger who has also signed the same is a resident in the same county and is a credable person & that their statement is entitled to credit. And the said Judge doth further declare that he has inquired & conversed with the persons ref ered to by the said applicant who can testify as to his character for veracity & that he is universally thought by them & his whole neighborhood to be a man of undoubted veracity & believed to have been a soldier & officer of the Revolution by all his acquaintances. The Judge further represents that the said applicant is unable to attend the court on account of bodily infirmity being very old & infirm in body & having lost his eyesight & for the reason of his being blind he made his mark instead of signing his name, & further that the said Judge has frequently conversed with said applicant about the events of the Revolution, & find him always ready to answer satisfactorily all questions about the same promptly I correctly. Wherefore he has no hesitation in believing him to have been a revolutionary soldier & officer as he states. This 8th day of February 1838.
William Archer, I.C.C.
I, John H. Miller, Clerk of the County Court of Taney County in the State of Missouri do hereby certify that the foregoing contains the original papers & proceedings of the said William Archer, Judge of the said court in the matter of the application of Braxton Mabry for a Pension & I further certify that to my own knowledge the said Applicant is a blind man & very old & infirm & that for that reason the said Judge left the court for the purpose of going to & attending to said proceedings of the said Applicant. I further certify that he is & was at the time of taking the above proceedings & signing the above certificates one of the Judges of said court & that his said signature thereto is genuine. In testimony whereof I, John H. Miller, Clerk of said court have hereunto subscribed my name and affixed my private seal at office, there being no official seal yet provided this 8th day of February
1838.
John H. Miller, Clerk
I Jessee Ginning, Presiding Judge of the county court of Taney County in the State of Missouri, do thereby certify that the above John H. Miller is the Clerk of said court & was at the time of signing the above certificate, and that his said certificate and attestation is in the usual form. In testimony whereof I hereunto set my hand and seal this 8th day of February 1838.
Jessee Jennings, P.C.C.
We, John D. Shannon & John W. Hancock do
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hereby certify that the above John H. Miller is the Clerk of said court & that his signature is genuine which is signed to the above certificate this 8th Feb.
1838.
John D. Shannon
John W. Hancock
I, Joel H. Haden do hereby certify that John H. Miller who subscribed his name to the above certificate relative to the application of Braxton Mabry for a Pension is and was at the time of signing said certificate the Clerk of said court and that his signature thereto is genuine to my personal knowledge. Given under my hand this 13th Feb. 1838.
Joel H. Haden, Register
Pension File #R6569, Braxton Mabry
State of Missouri )ss
County of Taney
Know all men by these presents that I, Reuben Clevenger, of the County aforesaid, do hereby appoint L. Blanchard True, of the City of Washington and District of Columbia, my true and lawful Attorney, with power of substitution, for me and in my name to examine the papers filed in the Pension Office by Braxton Mabry, deceased, who was a Revolutionary Soldier, and died pending his application for a pension, I being one of the heirs of the said Braxton Mabry, and to do and perform all other acts in the premise the same as though I myself were personally present. I also hereby revoke all other powers of attorney which I may at any time have given to any other person.
In testimony whereof I have hereunto set my hand and seal this 6th day of February A.D. 1854.
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Reuben X Clevenger
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Test.
Thorn. Danforth
State of Missouri )ss
County of Taney
On the day and year above written personally appeared before me, the undersigned Justice of the Peace in and for the State and County aforesaid, Reuben Clevenger, who acknowledged the above power of Attorney to be his act and deed for the uses and purposes therein contained.
Francis M. Shane
J.P.
The following is not part of Braxton Mabry’s pension file, but is documentation proving that Braxton Mabry served in the Revolutionary War. He was unable to supply documentation when he applied for a pension, so a pension was denied.
Pittsylvania County, Virginia
Court Records, June Court 1780
Judgements #4, page 328
Clement M. Daniel is appointed first Lieutenant, Braxton Mabberry, Second Lieutenant, in Captain Stephen Coleman’s Company.
Editor’s Note: Sandra Freeling writes that Braxton Mabry was denied pension for lack of documentation evidence and living witnesses to his service in Revolutionary War. He went into great detail in his effort to prove his service. Documentary evidence did exist, but he didn’t know of it.
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