Benjamin Marshall

Born 1840 in Georgia. He enlisted Feb. 7.1863 as a Private in the Co. G, 1st Regiment of Kansas Volunteers (Col'd), which became the 79th new USCT Infantry at Fort Scott, KS. He enlisted for 3 years but he ended up being discharged Dec. 4, 1863 at Fort Smith, Ark. for, according to the Surgeon General's report, confirmed consumption. In 1875 he was living in Lawrence, KS and his occupation was listed as Farmer, when he applied for an Invalid Pension stating Chronic Bronchitis and Diarrhea. Interestingly he was rejected at that time, the examining surgeon's (A. Fuller) statement was that -- in his opinion Benjamin was not incapacitated for obtaining his subsistence by manual labor..........that it was "his" belief that the said disability did NOT originate in the service aforesaid in the line of duty. His description then is: Height 5' 8 3/4"; weight 170; complexion Black; Age 35. Yet he had statements from William Smallwood (Captain) and Dr. E. Macy (Assist. Surgeon of the 79th). The official rejection was: disability does not exist in a pensionable degree. Then in 1880 he filed again for Invalid Pension this time while apparently living in Kansas City, MO and this time he was deemed "one-fourth" incapacitated. This time, in 1881, he was awarded a pension of $2 per month, which it appears they made retroactive back to Dec. 5, 1863.

He then had to do annual examinations and submit "Increase of Pension" papers, which were continually denied, until October of 1887 it appears they were going to say he was "three-eighths" incapacitated, but in March of 1888 his attorney was filing papers in his behalf for an increase. The request was made -- "On account of an increased disability and his rate, $2, being unjustly and unreasonably low and disproportionate to the rate drawn by other pensioners for similar or equivalent disabilities." Unfortunately Benjamin died on July 13, 1888, before he could be examined again for that increase to be ruled on. Since it occurred that way his widow, Mary Brown McClellan Marshall, whom he married July 22, 1886, could only be granted a Widows Pension of $8 per month. Benjamin is honored on the African American Civil War Memorial on plaque number C-86.

The above information furnished by Loretta Mitchell, gg-granddaughter of the wife of Samuel McClennan.