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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 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
Jessee E Dow now dec'd, and which is now on file with her Declaration. From the
following copy of a letter 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 Milly Philips, transmitted by the late Mr.
Dow has been received. This evidence makes her husband a private in Col. Morgans
reg't, but no such name is found on his returns. The claim therefore cannot be
admitted.
J. E. Heath
Com.
S. G. Brown Esq
present.
Now let us briefly review the case.
Mrs. Philips swears that her husband was enlisted in Loudon 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 compare with the best of men;
Yet it appears from the above letter that his statements were not duly considered,
or else they were wholy discredited. To say the least of it, this is the inference
to be drawn from it.
After giving the particulars of Gabriel's enlistment, 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 prisoner on board of a prison
ship at Charleston and nearly starved to death and threatened with transportation
because he refused to take the oath to not serve against his Brittanic 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 Loudon
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