Revolutionary War Pension and Bounty Land Warrant Application File S. 29,780, Elias Elwell, Mass.
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{3-1776)
SERVICE      NUMBER
Mass.   Elwell, Elias  S.29,780.
CONTENTS
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1241.
Massachusetts

Elias Elwell
of Essex in the State of Mass
who was a Private in the company command
by Captain Warner of the Regt command
by Col Foster in the Mass
line for 18 mos from 1775.

Inscribed on the Roll of Mass
at the rate of 60 Dollars - Cents per annum,
to commence on the 4th day of March, 1831.

Certificate of Pension issued the 30th day of October
1832 and sent William
Ferson Gloucester Mass

Arrears to 4th of Sept 1832 $90 -
Semi=anl. allowance ending 4 Mar 33.  30
$120

Revolutionary Claim,
Act June 7, 1832.
Recorded by J H McBlair Cler
Book D. Vol. 2nd Page 48.
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Elias Elwell
2290
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Commonwealth of Massachusetts
Essex Ss.
On this thirteenth day of August, 1832, before me William
Ferson, Notary Public in said County, personally came the
before named James Millett, Nathaniel Warner and Thomas
Jones, who subscribed and made oath to the certificates before
written.  I certify that said Millett and Warner
are known to me as credible persons, whose statement
is entitled to credit.  Also that Thomas Jones
who has signed the preceding certificate is a Clergyman
residing in Gloucester aforesaid

In testimony whereof I have hereunto
set my hand and Notarial Seal at
Gloucester, the day & year aforesaid
William Ferson, Noty Public
[on left side of page can be seen a diamond-shaped outline containing a faint circle, no legible text]
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Commonwealth of Massachusetts
Essex, Ss
On this eleventh day of August, 1832, personally appeared before the
Hon. Daniel A. White, Judge of Probate of Wills, &c. for the County of
Essex in the State of Massachusetts, Elias Elwell, aged Seventy eight years
(being unable to appear in Court by reason of bodily infirmity)
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 June 7, 1832
That he entered the service of the United States under the
following named officers, and served as herein stated
That he enlisted as a private for six months on or
about the 17th July, 1775 in Capt. Daniel Warners company
in Col. Joseph Fosters Regt. of Massts militia, stationed at sd.
Gloucester, for the defence of the Sea coast, served therein untill
about the 16th January, 1776, when his term expired, having
received no written discharge
That he again enlisted as a private on the 16th day of
January 1776 for one year in the same company, regiment,
and service; and served therein untill the 18th. January 1777
when his term expired; that he received no written
discharge from said company
[written vertically and underlined on left page margin here: Naval service]
That in the year 1779 ^or 1780 he shipped on board the private armed Brig
Bennington of Newburyport Capt. William Tuck commander; was captured by
the British Ship Jupiter of 50 guns and retaken by a French
vessel and landed at Brest in France, destitute; went
to St. Maloes and travelled to Nantz: was examined by the board of War & by
them recommended to and shipped as a Seaman on board the U. States Brig ^Active, Capt.
Barnes, for SIX months at ten Crowns per month & served therein sd. term
and was discharged at Boston; rec'd. no written discharge
That he hereby relinquishes every claim whatever to a pension
or an annuity, except the present, and declares that his name
is not on the Pension roll of the Agency of any State.
That he was born in said Gloucester on the 31st day of October
1754 and has no record of his age.  That he lived in
said Gloucester when called into service; has lived there since
the Revolutionary war; and now lives there
That he entered the service above named by voluntary
enlistment; and that he has no documentary evidence
of service as required by the War Department
That Nathaniel Ellery and Nathaniel Warner, who served
with the applicant in 1775 and 1776 will testify positively to their
knowledge of his services in said years in Capt. Daniel Warners
company - That he has no proof of his serving on board
the U States Brig Active; and that the Revd. Thomas Jones
will testify to his character and belief of services.
Elias his [hand drawn X] mark Elwell
Sworn to and subscribed, the day and year aforesaid
D A White Judge of Probate
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We [crossed out: Nathaniel Ellery] James Millett, aged 76 years and Nathaniel Warner, aged 71
years, bath of Gloucester, State of Massachusetts, on oath testify
that we are well acquainted with Elias Elwell, who has subscribed
and sworn to the foregoing declaration; and to our certain knowledge
he served in Capt. Daniel Warner's Company in the years 1775 & 1776
as declared, having served ourselves in the same company, &
at the same times and place; and that Elias Elwell, now
present, is the identical person who served as above
[handwritten signature] James Millett
[handwritten signature] Nathl Warner

I Thomas Jones, a Clergyman, resident in said Gloucester
hereby certify, that I am well acquainted with Elias Elwell, the
before named applicant; that I believe him to be 78 years of age;
is reputed and believed in the neighborhood where he
resides, to have been a Soldier of the Revolution; and that
I concur in that opinion.
Thomas Jones - Clerk.

Sworn to and subscribed, the day and year aforesaid

And the said Court do hereby declare their opinion, after the
investigation 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 certifies, that it appears to
them that Thomas Jones, who has signed the preceding certificate
is a Clergyman, resident in said Gloucester; and that [crossed out text] James
Millett [crossed out: Ellery] and Nathaniel Warner, who have also signed the same,
are residents in said Gloucester; are credible persons; and
that their statement is entitled to credit.
And the Court further certifies, that it appears to them,
that the above named applicant is unable to appear in
Court by reason of bodily infirmity.
D A White Judge of Probate.

I Nathaniel Lord junior, Register of the Court of
Probate, do hereby certify that the foregoing application contains
the original proceedins of the said Court in the matter of
the application of Elias Elwell for a Pension
In testimony whereof, I have hereunto set my
hand and seal of Probate Office this fourteenth
day of August, Eighteen hundred & thirty two.
Nath. Lord jr.
[at left of text is a folded diamond shape with a partial filled-in dark circle within it; no legible text]
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[illegible] 2290
Elias Elwell of
Gloucester Mass.
Pensh

1 year & 6 months

his sum as a person
on board of the [illegible]
and [illegible]
for

Admd
JLE

$60.

Wm Ferson Esq
Gloucester
Mass
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BRIEF in the case of [handwritten] Elias Ellwell of the County [end handwritten]
of [handwritten] Essex - [end handwritten] in the State of [handwritten] Massachusetts [end handwritten]
(Act 7 June, 1832.)

[all answers to the following questions are handwritten]
1. Was the declaration made before a Court or a Judge? Judge

2. If before a Judge, does it appear that the applicant is disabled by bodily infirmity?
bodily infirmity

3. How old is he? 78 years -

4. State his service, as directed in the form annexed.

[column headings: Period. Duration of Service. (Years, Months, Days.) Rank. Names of General and Field Officers under whom he served.]

In 1775 July 17th - 6 - Private Col. Jos. Foster, Capt. Dl. Warner
1776 Jany 16 1 - - ditto same Regt & Company -
Part for [illegible] in 1777 or 1780 he shipped on board the Brig Bennington Capt. Wm. Tuck
Commander, was captured by the British Ship Jupiter of 50 Guns & retaken
by a French Vessel & carried to Nantz & there shipped on board the American
Active for - 6 and served therein said Term & was discharged
at Boston

5. In what battles was he engaged? none -

6. Where did he reside when he entered the service? Gloucester

7. Is his statement supported by living witnesses, by documentary proof, by traditionary evidence,
by incidental evidence, or by the rolls? by living witness as to the first two
enlistments- knows of no one who can prove the serving at Sea.

8. Are the papers defective as to form or authentication? and if so, in what respect?
Regular

I Certify that the foregoing statement and the answers agree with the evidence in the case
above mentioned.
[handwritten signature] Sevin Belt
Examining Clerk.
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29[illegible]
Revy INVALI
le No. 29,780
Elias Elwell
Pri Rev War

Act: June 7th 32"
dex: - Vol. 2, Page 124
[Arrangement of 1870.]
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BRIEF objections to the admission of Pension Claims, of which those
answered in the negative, in red ink, will apply to the claim of
[handwritten] Elias Elwell [end handwritten] which require further
proof or explanation.

[all answers to the following questions are handwritten]
I. Does the declaration show where the applicant resides? yes

II. Did the declarant make the declaration in the county where he resides? yes

III. If the applicant did not make the declaration in the county where he resides, is there any reason
assigned for his not doing so?

IV. Has the declarant mentioned the period or periods of the war when he served? yes

V. *Has he mentioned with precision the length of his service, and the different grades in which he
served, in language so definite as to enable the department to determine to what amount of pension
he is entitled? yes - as to the land service, but leaves the
sea service uncertain except 6 months -

VI. Has he given the names of the officers under whom he served, in conformity with the regulations?
yes

VII. Has he made a relinquishment of every claim to any other pension than the one under the Act of
June 7, 1832? yes.

VIII. Has the Court given their opinion? yes

IX. Has the Clerk given his certificate? yes

X. Is the Clerk's seal affixed? And if so, has it a device or inscription by which it can be distinguished
from any other seal? yes.
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[all answers to the following questions are handwritten]
XI. Has the applicant obtained the evidence of a clergyman and another respectable citizen as to
their belief respecting his age and the general belief in his neighborhood relative to his revolutionary
service? yes

XII. If the clergyman's affidavit has not been produced, is there any reason assigned for not obtaining it?

XIII. If the applicant has no documentary evidence, and has not obtained the testimony of at least
one living witness, has he stated in his declaration that such proof cannot be had?

XIV. If the applicant has produced a witness or witnesses as to his service, has the magistrate who
administered the oath certified that he, she, or they are persons of credibility? yes

XV. Does it appear from any of the papers that the witness was in such a situation, or of such an
age, as to have a personal knowledge of the applicant's service? yes -

XVI. Are the papers authenticated as the regulations direct? yes

XVII. Are the seven interrogatories prescribed by the War Department answered satisfactorily? And,
if not, which of them is not so answered? yes -

EXPLANATORY NOTES.
*Quere V. In a case where the applicant cannot, by reason of the loss of memory, state precisely how
long he served, he should amend his declaration by making an affidavit in the following words:
"Personally appeared before me, the undersigned, a Justice of the Peace, &c. A. B. who, being
duly sworn, deposeth and saith, that, by reason of old age, and the consequent loss of memory, he
cannot swear positively as to the precise length of his service, but according to the best of his recollection
he served not less than the periods mentioned below, and in the following grades: For -
year - months, and - days, I served as a -. For - months
and - days, I served as a -; and for such service I claim a pension."
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It is important in all cases to determine with precision the period for which each applicant served,
and the particular rank he held, as the law directs the pension to be paid according to the grade of
the pensioner and the length of his service. The use of the phrase [italicized] about three or four months [end italicized] is too
indefinite, and all such qualifying expressions are objectionable.
QUERE XIV. Proof of Service.
In a case where the name of the applicant is not found on the records of the Department, he
must prove his service by two credible witnesses, who are required to set forth in their affidavits
the time of the claimants entering the service, and the time and manner of his leaving the same, as
well as the regiment, company, and line to which he belonged. The magistrate who may administer
the oaths must certify to the credibility of the witnesses, and the affidavits must be properly authenticated,
as above directed.
QUERE XVI. Mode of authenticating papers.
In every instance where the certificate of the certifying officer who authenticates the papers is not
written on the same sheet of paper which contains the affidavit, or other paper authenticated, the
certificate must be attached thereto by a piece of tape or narrow ribbon, the ends of which must
pass under the seal of office of the certifying officer, so as to prevent any paper from being improperly
attached to the certificate.