Pension Application of Isaiah Marks R16055
Transcribed and annotated by C. Leon Harris
State of Kentucky } Sct. I Thomas Marks, only Brother & heir at Law of Capt’n. Isaiah Marks do
Henderson County } upon oath testify, and declare to the best of my knowledge and belief that the s’d. Isaiah Marks did enter the Revolutionary Army in 1775 [sic: see endnote] for the term of “during the war,” and served as a Captain in the Regiment No [interlined “say 56th”] not recollected under the Command of Colonel not remembered of the Virginia Continental Line, and that he continued in the service aforesaid until the close of the war.
I further declare that I have never received a warrant for the bounty land promised to said Captain Isaiah Marks on the part of the United States, nor do I believe that he ever received it, or transferred his claim to it in any manner whatsoever. I further swear that I am not able to attend personally in Court by reason of old age, being 74 years old, & many bodily infirmities. [The rest is power of attorney.] Thos. Marks
[The justice of the peace who took the declaration certified on 29 Jan 1830 that Marks was unable to appear in court because he had been afflicted with “the gravel” for 14 years.
Commonwealth of Kentucky } At a circuit court held for Henderson County Ky. aforesaid on
Henderson County Sct. } the 28th day of the sixth month 1830 before the Honorable Alney
McLean Judge personally appeared Thomas Marks and John Marks both of Henderson County aforesaid, and being first sworn according to law did on their oaths depose that the late Isaiah Marks, a Captain in the Revolutionary army in the Virginia Continental Line died a single man, that the above named Thomas Marks is the sole surviving brother of the said Captain Isaiah Marks, and one of his heirs at Law in fee; that the said Isaiah Marks had one other brother Elisha, who died leaving John, Isaiah (dead), George, Mary, Anne, Sarah, and Crissy, or Lucretia – 2dly John, who died, leaving John, Samuel, Benjamin, Elisha, Jesse (dead with heirs) Sarah Overfield alias Marks, Rachel, Margery Crews alias Marks, and Ury Rankin alias Marks – 3 brother, Thomas, the Claimant, and deponent in this case with heirs, Isaiah, Betsey, Catherine, Mary, Deborah, and Clementine – Again, another brother – Abel (dead) leaving Bennett, Thomas, Mason, Abel, and Samuel, Margaret, Betsey, Mary, and Lydia – 2dly sisters, Ury Williams, alias Marks (dead) leaving Richard, Samuel, Elisha, Levi, and others unknown – Patsey Howell (dead) leaving Jesse, Abner, Abel, Margaret – 3d. Mary Humphrey (dead) leaving Marcus, Jonah, Hannah Williams alias Humphreys and others unknown — Sworn and subscribed before Alney McLean on the day and year first above written in open Court and that the above named persons are the heirs at Law of the said Isaiah Marks Deceased — Thomas hisXmark Marks John Marks
State of Kentucky } Personally appeared before me, George W. King, a Justice of peace for
Henderson County Sct. } Henderson, Ky aforesaid Samuel Marks, of Henderson afores’d son of late John Marks of this (Hend’n.) Co., & nephew of late Cap. Isaiah Marks, who being duly sworn doth on his oath testify, and declare that Thomas Marks of Henderson is the only surviving brother of the late Captain Isaiah Marks of the Virginia line on Continental Establishment, who served to the “end of the war” – as the records at the war Department W’n. D. C. do well attest (a patent now about issuing to him, the said Tho. Marks & the other heirs for 300 acres U.S. land on account of s’d. services) that said Capt’n. Isaiah Marks died a single man without any issue, that he, the said Thomas has children, Isaiah, Betsy, Catherine, Mary, Deborah, Clementine, & Margaret – another brother of Isaiah is dead – Elisha leaving John, Isaiah, George, Mary, Anne, Sarah, & Crissy, or Lucretia, all formerly of Loudon County, Va a 3d. brother died. viz: John leaving John, Samuiel (this deponent), Benjamin, Elisha, Jesse dead with heirs: viz: George & Garland Bradford; Rachel, Ury Rankins alias Marks (Ury & her husband both dead leaving a grand child [name? illegible], Sarah Overfield alias Marks, and Margery Crews alias Marks both Overfield & Crews with heirs all of Henderson Ky except Benj’n his residence not known a 4th brother Abel dead also leaving Bennet, Thomas, Mason, Abel, Watts, Samuel, Betsy, Mary, Margaret & Lydia 5th one sister Ury Williams, alias Marks dead leaving Rachel, Samuel, Elisha, Levi, Jas., Rich’d, Leah, Urty, Polly & Willy all of Holstein [Holston?] in Wythe or some other County of Va. – 6th a 2d. sister Patsey Howell alias Marks dead leaving Jesse, Abner, Abel, & Margaret of the state of Ohio. – a 3d. sister Mary Humphreys dead leaving Marcus, Jonah Humphreys, & Hannah Williams alias Humphreys and Nancy Young alias Humphreys all of Loudon Va – and that these are the sole and alone heirs of late said Cap. Isaiah Marks, who died in say 1790 not certain but of this proof is to come [see endnbote] (in[?] Leesburgh [sic: Leesburg] and the said Saml Marks doth swear further that these heirs of Cap. Isaiah Marks have never, nor have any others to his knowledge claiming under said Isaiah Marks – nor did he himself receive any part of the half pay for life, which was coming, and due to said Captn Isaiah Marks from the state of Virginia or United States for his said services in the Continental line to the close of the Revolutionary War, and that said Isaiah Marks died in 1790 but certain proof will be from Loudon having never to his knowledge commuted his half pay for 5 years [full] pay. Signed Samuel Marks
Sworn to and subscribed before me this 7th day of Nov’r. 1832
[The above followed by assignment of power of attorney by Elisha Marks, Samuel Marks, and Thomas Marks.]
The following service record is recorded in Historical Register of Virginians in the Revolution by John H. Gwathmey: “Marks, Isaiah, 2nd Lieut. 11 C[ontinental] L[ine] Nov. 11, 1776; 1st Lieut. Mch. 15, 1777; wounded at Brandywine Sept. 11, 1777; reg[iment] designated as 7 CL Sept. 14, 1778; Captain May 10, 1779; trans. to 2 CL Feb 12, 1781; served to Jan. 1, 1783. Awarded 4,000 acres.”
In a letter dated 25 Jan 1830 the attorney of Thomas Marks wrote to his congressman requesting that if Marks obtained a warrant for land that the War Department reserve for him a 300-acre lot as near as possible to New Philadelphia in Tuscarawas County OH.
On 9 Jan 1833 as a favor to “their friends in Kentucky,” Craven Osburn and Hector Osburn of Loudoun County deposed that they had inspected the tombstone of Isaiah Marks and found that the date of his death was inscribed as 20 Jan 1785. A photo of the tombstone in the cemetery next to the Ketoctin Baptist Church near Purcellville can be seen at http://www.hmdb.org/marker.asp?marker=14620. The inscription reads: “In Memory of ISAIAH MARKS Late Capt’n. Cont’l. Army Who departed this Life Jany the 20th 1785 Aged 30 Years 9 Months 16 Days”