Pension Application of Benjamin Shinault and his widow, Nancy Rachels Shinault Phillips: W6867
Transcribed and annotated by C. Leon Harris
State of Virginia, Grayson County, Towit:
On this seventeenth day of May 1824 personally appeared in open court being a court of record for the county aforesaid [word illegible] made such by the laws of Virginia, and proceeding according to the course of the common law, with a jurisdiction unlimited in point of amount, & keeping a record of its proceedings, Benjamin Shinault, aged sixty four years resident in the said county, and being first duly sworn, according to law, doth, on his oath, declare that he served in the revolutionary war as follows: that he enlisted in the spring of the year 1777 with Samuel Terrill, a recruiting officer whose rank he does not now remember, in the County of Bedford & State of Virginia, that he joined the army at Valley Forge in the State of Pennsylvania without loss of time, and belonged to the company commanded by Captain Samuel Cobb of the second Virginia regiment a continental establishment commanded by Colonel Alexander Spotswood. That he regularly served for two years, the term of his enlistment, after which he again immediately enlisted with Lieutenant Jacob Moor at Middle Brook in New Jersey, from where he marched to Petersburgh [sic: Petersburg] in Virginia where he joined the regiment commanded by Colonel Abraham Beauford [sic: Buford], and belonged to the company of Captain Claiborn Lawson [sic: Claiborne W. Lawson]: That he was in the battles fought at Brandywine [11 Sep 1777], at German Town [4 Oct 1777], at Monmouth Court-house [28 June 1778], and near the Hanging Rock, when Colo. Beauford’s regiment was cut to pieces [see note below]. That he was taken prisoner on the last occasion, and was permitted by Colonel Tarlton [sic: Banastre Tarleton], who commanded the British troops that defeated Beauford, to remain with the wounded Americans for the purpose of attending on them untill their recovery: This duty he performed with five other soldiers, all of whom as well as himself were left on parole by the British officer above named, and he never was informed whether he was exchanged or not, and, as he could not, under such circumstances, return into the military service of the United States, he never obtained a discharge.
and I do solemnly swear that I was a resident citizen of the United States on the 18th day of march 1818 and that I have not since that time by gift, sale, or in any manner disposed of my property or any part thereof with intent thereby so to diminish it as to bring myself within the provisions of the Act of Congress entitled “An Act to provide for certain persons engaged in the Land and Naval service of the United States in the Revolutionary War” passed on the 18th day of March 1818 and that I have not nor has any person in Trust for me any property or securities, contracts, or debts due to me nor have I any income other than what is contained in the schedule hereto annexed and by me subscribed. ToWit.
A Schedule of the property of Benjamin Shinault
no property Real or personal except clothing & Bedding
Benjamin hisXmark Shinault
The declarant further states that his occupation is a stone mason that he is at this time unable to procure a support for his family by labour. That his family consists of a wife 65 years old [see note below] four children one daughter aged 24 years, 2 grand children 11 & 5 years old, another daughter 28 years old Benjamin hisXmark Shinault
Virginia ToWit
At a Court begun and held for Grayson County on Tuesday the 28th day of July 1824, Being a Court of Record,
Personally appeared in Court Benjamin Shinault a Revolutionary Soldier aged 64 years and being sworn on the Holy Evangelist of All Mighty God deposeth and saith
The reason why he did not apply to the War Department sooner for a Pension was That being illiterate and ignorant as to the manner of transacting business of that kind he has been entirely dependent on others for instruction; As soon as he was informed that an Act was passed allowing Pensions to Revolutionary soldiers he Employed Gen’l Solomon S. Graves of Surry County N.C. to draw up a Declaration which was sworn to before the County Court of Surry in the State of North Carolina and left it [two words illegible] who promised to transmit it to the War Department and procured a Pension Warrant, which he has failed to procure and deliver to him. As soon as this Deponent was informed by Graves that he had not received nor was likely to receive a Pension Warrant in that application he then applied to Samuel Hanby Esq in Patrick County Virginia to assist him in a second application and went before the County Court of Patrick [see note below] and made another Declaration and procured the affidavit of James Miller (who served with him and has procured a Pension) which was transmitted to the War Department by sd Hanby as this Deponent is informed having received no further intelligence from Hanby this Deponent was induced a third time to make a Declaration before the Superior Court for Grayson County Virginia; Whether the two first Declarations have been received at the War Department this Deponent cannot say; That this Deponent has always [two words illegible] and has used his best exertions to procure a pension since he was informed that the Law was passed.
This Deponent further states that as well as he recollects about the 18th March 1818 he was possessed of the following property to wit
One hundred acres of Land lying on Tom’s creek in Surry County N.C. which he has since sold for the sum of seventy dollars to pay his debts. One horse which was exchanged for another which last one died, the first being [two words illegible] $40. One cow calf which also died. That the sale of his said Land was not sufficient to discharge his Debts some of which remain unpaid at this time. That for the last 13 months of his service in the service in the army (including 5 months of his time he was [word illegible] to attend to the wounded officers and soldiers taken at Beaufords defeat) he has received no pay and that the Government is justly indebted to him for that service. Benjamin hisXmark Shinault
[Copy of Marriage Bond]
State of North Carolina} Know all men by these presents that we Benjamin Shenall &
Surry County} Richard Shenall in the State aforesaid are held and firmly bound unto the Governor of the State of North Carolina for the in the just and full sum of five hundred pounds current money of the State to be paid and done we bind ourselves heirs executors and administrators sealed with our seals this 11th day of May 1839
The condition of the above obligation is such that whereas the above bounded Benjamin Shenall hath made application for a license for a marriage to be celebrated between him and Nancy Rachels of the county aforesaid, now in case it shall not appear hereafter that there is any lawful cause to obstruct the said marriage, then the above obligation to be nul & void otherwise to remain in full force & virtue. Benjamin hisXmark Shenall Richard hisXmark Shenall
State of North Carolina} Court of Pleas and quarterly sessions
Surry County} November Term AD 1855
On this 12th day of November A.D. 1855 personally appeared before this court of Common Pleas & quarter sessions, in and for said County and State Nancy Phillips former widow of Benjamin Shenalt a resident of Surry County in the State aforesaid aged fifty years or there abouts, who being first duly sworn according to Law, doth, on her oath, make the following declaration in order to obtain the benefits of the provision made by the act of Congress passed on the 3d of February A.D. 1853 granting pensions to widows of persons who served during the Revolutionary War. That she is the widow of Benjamin Shenalt who was a soldier of the war of the Revolution (for proof of his service see his papers filed in the Pension office at Washington)– That the said Benjamin Shenalt drew a pension of ninety six dollars for a part of his life up to 24th of March 1847 That she married to the said Benjamin Shenalt in said County of Surry on the 11th of May 1839– That the said Benjamin Shenalt died in said County of Surry on the 4th of May 1847– That subsequently thereto she intermarried with one Joseph Phillips who died in said County on the 20th of July A.D. 1855 She further declares that she is now a widow
Nancy herXmark Phillips
State of North Carolina}
County of Surry} SS.
On this fifth day of march AD (1866) One thousand eight hundred and sixty six, personally appeared before me H. C. Hampton clerk of the Court of Common pleas and quarter session in said county and State the same being a court of record Nancy Phillips formally [sic] widow of Benjamin Shinault Aged about sixty six years a resident of said County and State, who being duly sworn according to law, declares that she is the identical Nancy Phillips formally widow of Benjamin Shinault who was a pensioner on the roll of the Agency at Fayetteville No. C. and whose pension certificate is herewith returned, that she has resided since the first (1st) day of January A.D. 1861 as follows: a portion of the time in the poor house or a house provided by the County of Surry for the benefit of paupers, the ballance of the time with some distant relatives and others of the neighbours all the time in said County of Surry. that during this period her means of subsistence have been very precarious she being unable to labour much and haveing to depend upon public charity and the munificence of the neighbours. Often suffering for the common necessaries of life, and that she has not borne arms against the Government of the United States or in any manner encouraged the rebels or manifested a sympathy with their cause, and that she was last paid her pension on the 4th day March AD 1861 at Fayetteville NC
This application is made for the purpose of securing a restoration of her name to the pension rolls and of obtaining a new pension certificate, such as she may be entitled to under existing laws, reference being made to the evidence heretofore filed in the pension office to substantiate her original Claim. Nancy X Phillips formally widow of Benjamin Shenault
[The purpose of this document was evidently to restore the pension suspended after North Carolina seceded from the United States on 20 May 1861.]
State of North Carolina}
Surry County} Ss.
Be it remembered that at a Court of Pleas and Quarter Sessions opened and held in and for said County of Surry at the Court House in Dobson on the second Monday of November AD 1866.
Job Worth, Robert S Gilmer and John J. McMicle Justices presiding of the bench
The following proceedings were held and duly entered of Record upon the minutes of the Court to Wit
On motion Robert S Gilmer is appointed by the Court Guardian to Nancy Philips (alias) Nancy Shinault a Lunatic who entered into bond in the sum of one thousand dollars with Barnett Roberts and John S. Worth his securities which Bond is approved by the Court and is ordered to be filed in office.
NOTES:
Shenault was with Col. Abraham Bluford, commander of the 3rd Virginia Detachment of Scott’s Virginia Brigade, which was sent to relieve the southern army under siege at Charleston SC. En route Bluford received word that Charleston had surrendered, and while retreating to North Carolina he was overtaken by Lt. Col. Banastre Tarleton’s cavalry at Waxhaws SC (about 20 miles north of Hanging Rock) on 29 May 1780. After a single charge Buford saw that his men stood little chance against mounted swordsmen, so he sent a flag of truce to Tarleton offering to surrender. At this point Tarleton’s horse was struck and fell, and the British, apparently thinking the truce had been violated, began slashing the Virginians, ignoring pleas for quarter. The patriots fought back, but out of more than 350, 113 were killed and 203 captured. (Among the 150 wounded and possibly attended to by Shenault was Capt. John Stokes, who lost his right hand, had his head split open to his eyebrows, was bayoneted several times, and received more than a dozen other wounds. He survived, became a judge, and died at age 80. Stokes County NC is named for him.) Tarleton summoned medical aid for the wounded the Virginians, but the incident cemented his reputation for ruthlessness, which is caricatured in the fictional movie The Patriot. In later battles many Americans retaliated for “Buford’s Massacre” by offering only “Tarleton’s quarter” to surrendering British troops.
Benjamin Shenault made a declaration in the court of Patrick County VA on 11 May 1820, supported by James Miller (see his declaration S38230). This declaration is abstracted by Barbara C. Baughan and Betty A. Pilson in Miscellaneous Records of Patrick County, Virginia (Westminster MD: Willow Bend Books, 1999). It stated that he enlisted under Captain David Terrell, was transferred to Captain Samuel Cobb of Amelia County, then served a few months under Captain W. Wilson. Shenault did not mention attending to wounded soldiers and not being paid, but stated that he remained on the payroll until discharged by Col. Feebecher [sic: Christian Febiger].
The 65-year-old wife referred to by Benjamin Shenault in his 1824 declaration was evidently not Nancy Rachels Shenault Phillips, who gave her age as about 50 in 1855. A typed summary in the file states that Nancy Rachels Shenault Phillips died in Surry County 11 July 1867.