Revolutionary War Pension and Bounty Land Warrant Application File S. 23615, John Elliot, Penn
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SERVICE
Penn.
CONTENTS
[dark star above name]
Elliot, John
Elliott
NUMBER
S 23615
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[blank page]
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Pennsylvania 25.92[cut off]
John Elliott
[illegible] in the State of Pa [illegible] in the Company command [illegible] Jones of the Regt commanded [illegible] in the Penna

[illegible] Mo Musician 14.66
[illegible] " Pr  6.66
$21.33

Inscribed on the Roll of Penna. at the rate of 21 Dollars 32 Cents per annum to commence on the 4th day of March, 1831.

Certificate of Pension issued the 11th day of Feby and sent to Mr. [illegible] M Taylor No 7 G St Phil-

Arrears to the 4th of Sept 1833 - 53.30
Semi-anl. [annual] allowance ending 4 Mch [March] '34 10.66
$63.96

{Revolutionary Claim, Act June 7, 1832.}

Recorded by D. T. Sprague Clerk
Book E Vol. 5 Page 17.
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29,113
State of Pennsylvania
County of Philadelphia ⎬ss
On this Twenty [illegible] day of January Anno Domini 1834 personally appeared in open Court before the Honorable Judges of the Court of Common Pleas of the Citty and County of Philadelphia aforesaid now sitting, John Elliott a resident of Blockly Township in Philadelphia County [illegible] in the 73rd of his age, who being 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 7th 1832
He entered the service of the United States under the following named officers and served as herein stated. 
He entered the continental service as a substitute for his Brother in the Militia, in lower Merion then in Philada [Philadelphia] county, in the beginning of August 1776, the day of the month he does not recollect in the company commanded by Capt [Captain] Israel [illegible] Lieut [Lieutenant] Grover and 2d Lieut [Lieutenant] Evans. They marched from lower Merion to Philadelphia and were there attached to the Regt. command by Col. Parshall, Lieut [Lieutenant] Col. Wm Dewers and Major Jones, the Regt left Philadelphia and went by water to Trenton in New Jersey where they remained until next morning. when they continued their march to Princeton and lay over night, and [illegible] day marched to New Brunswick and lay over night, and next day continues their march to Perth Amboy and encamped and remained there until [illegible crossed out] after the Battle of Long Island, where they were marched to Elizabeth Town and lay over night.  and next day marched to New ark and lay some days and then marched to a place called Bergen, and encamped, and lay until they 
had been in the service 2 months when they were discharged He was in the service during this company not less than 2 months He again entered the service in the beginning of August in the year 1777 as a drafted militia man in [illegible] aforesaid, and was a musician in the company commanded by Capt [Captain] [illegible] The other officers of the company not recollected. They marched from [illegible] to the old Barracks in Philadelphia between 2nd & 3rd streets near [illegible] and remained there several days and [illegible] the Regt [illegible] They
left Philadelphia and were conveyed in [illegible] down the River Delaware to Billingsport and there remained above
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Two weeks. The Right was commanded by Colone and Major Bush. They left Billingsport in Row gallies for Wilmington in the State of Delaware and remained there for some days, and then marched to Monmouth then
joined the main army commanded by Col
Warkington, (The British were then at the Head of ?).  They remained at New Park but a short time before they were marched towards the Brandywine. They arrived at the Brandywine  the evening before the Battle was fought, and encamped at Gibson's Ford, which was
about 2 miles from Chads ford They lay on their ? during all the day the Battle was fought and until about midnight before they received orders to that they marched through the country to Old Chester and reached
thereabout day light, and used some little refreshments and continued their march to the City of Philadelphia and halted on the commons until they deem some ? and then camped on the Schuylkill and encamped on the west side for the night, near what is now called the Woodlands and next day continued their march up the Lancaster Road until they met the Brittish at the White Horse Tavern a few miles from Downingtown in the neighbourhood of the Paoli, where they were dispersed by the ?, which was 2 or 3 days after the impasse of Paoli.  They then continued their march across the country and joined
the army at a place called the Trap Farm the
on the Road leading to Reading, and remained
encamped there for some time.  The day before the Battle of Germantown, to the best of his recollection General Potter having command, ordered a detachment down the west side of the Schuylkill. He volunteered
his services with others, and marched towards Philadelphia and halted about 5 miles this side of Market Street to rest. The next morning before day light they marched to the middle ferry on the Schuylkill opposite High Street
to cut the Ferry rope. They found very little resistance from the Brittish. The guards having returned to the city side of the Schuylkill.  They cut the Ferry rope and part went to Hamilton's March and took about 20 Head of Cattle, and the rest marched to the country. He was not
one of the party went after the cattle, and then encamped.  They then returned to the army and remained around before they were discharged after having been in the
service during this campaign not less than 2 months.
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[Breaks added for clarity of transcription]   

He again entered the service in the beginning of August 1780, the day of the month not recollected, as a drafted militia man in Marion aforesaid and made musician in the company commanded by Capts. Richard Roberts and Sturges Dent; names not recollected and [illegible]. 

They marched from Merion to Philadelphia and from there to Trenton, where they were encamped and belonged to Col. Berrys’ Regt. and Major Jollys Regt.  Genl Lacy had the command. They remainer there until they were discharged which was not less than 2 months. 

He has been in the service 2 months as a private and 4 months as a musician for which he claims a pension. He has no documentary evidence, nor does he know of any clergyman who he can procure.

He hereby relinquishes every claim whatever to a pension or annuity except the present, and declares his name is not on the pension roll of any agency of any State.

Sworn to and subscribed the day and year aforesaid   }  John Elliot
F.A.C[illegible signature and abbreviation]   }

John Frailey of Blockly Township, being duly sworn sworn according to law says that he is in his 73rd year of age.  that he is well accounted with John Elliott who has subscribed and sworn to the above application for a pension.  That he knows the said John Elliot served as above stated so far as it relates to the two last campaigns -- as to the first he does not know—

Sworn to and subscribed     }
the day and year aforesaid   }              Jno. Frailey

F. cl. Reybold [illegible abbreviation]

Mr. John Frailey a resident of [illegible] Township in Philadelphia County and Jacob Latch a resident of [illegible] in Montgomery County do hereby certify that we are well acquainted with John Elliot who has subscribed and sworn to the above declaration, that we believe him to be in the 73rd year or his age. that he is reputed and believed, in the neighborhood in which he resides to have been a soldier of the revolution and in their opinion ---

Sworn and subscribed            }	Jno. Frailey
The day and year aforesaid    }	Jacob Latch
[Illegible signature]
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And the said Court do hereby declare their opinion after the investigation of the matter and after putting the interrogatories presented by the War Department that the within named applicant was a soldier of the revolution and served as he states. And the Court further certifies that the said John Mosby who has signed the previous affidavit & is a resident of Blockley Township as stated and Jacob Lotch appears to be a resident of Lower merion [illegible] and are
credible persons, and that their statement is entitled to credit
Edward King

I, Richard Palmer Esquire, Prothonotary of the Court of Common Pleas of the City and County of Philadelphia do hereby certify that the foregoing contains the original proceedings of the said Court in the matter of the application of John Elliott for a pension.

In Testimony whereof I have hereunto set my hand and the seal of the said Court, at Phila this twenty seventh day of June Anno Domini 1834
[illegible]
Prothy [Prothonotary]
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29.103
John Elliott
Pa
[illegible crossed out]
Adm. 4 Months Musician
2 " private
366
4
14..66
[illegible] /44/14.44'
M. Taylor
No 7. Georges Street
Philada [Philadelphia]
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[Breaks added for clarity of transcription] 

WAR DEPARTMENT,
Pension Office.

18th Jany 1834 

Sir: 

The evidence in support of your claim, under the act of June 7, 1832, has been examined, and the papers are herewith returned.  The following is a statement of your case in a tabular form.  On comparing these papers with the following rules and the subjoined notes you will readily perceive that objections exist, which must be removed before a pension can be allowed.  The notes and the regulations will show what is necessary to be done.  Those points to which your attention is more particularly directed you will find marked in the margin with a brace, (thus: }).  You will, when you return your papers to this Department, send this printed letter with them; and you will by compling with this request, greatly facilitate the investigation of your claim. 

A Statement, shewing the Service of John Elliote

[A table with columns labeled as follows]

Period when the service was rendered.    
                       1776
                        1777
                           "

Duration of Service w/subcolumns for Years. Months. Days.                
                     [blank]  2    [blank] 
                     [blank]  2    [blank] 
                     [blank]  2    [blank] 

Rank of the claimant. 
                         priv
                      Musician
                           "

Names and rank of the Field Officers under 
   whom he served. 	
                     Cap. Jones
                   Col. Paschale 

                   Cap. Roberts
                     Col Hiester

                      Cap Jones
                     Col. Moore

Age at present, and place of abode when he entered the service.

                       72 years
                        Penn.a

Proof by which the declaration is supported.

        Traditionary and a living Witness

     Living witness not certified to be credible
                  See note [illegible letter] 

I am respectfully, 
Your obedient servant, 

JAMES L. EDWARDS,
Commissioner of Pensions.
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[A page of regulations; breaks added for clarity of transcription.]

2 [Centered, the page #]

REGULATIONS UNDER THE ACT OF JUNE 7, 1832.

The following regulations have been adopted: 

This law has been construed to extend, as well to the line, as to every branch of the Staff of the Army, and to include under the terms "Continental Line," "State troops," "militia" and “volunteers, all persons enlisted, drafted, or who volunteered and who were bound to military service, but not those who were occasionally employed with the army upon civil contracts, such as Clerks to Commissaries and to Store Keepers, &c., Teamsters, Boatmen, &c. Persons who served on board of private armed vessels are also excluded from the benefits of the law, as well as persons who turned out as patrols, or were engaged in guarding particular places at night, and were not recognized as being in actual military service. Four general classes of cases are embraced in this law: 
   1. The Regular Troops. 
   2. The State Troops, Militia and Volunteers. 
   3. Persons employed in the Naval Service. 
   4. Indian Spies.

As rolls of the regular troops in the Revolutionary War exist in this Department, all persons claiming the benefit of this law as officers, non-commissioned officers, mucicians or privates, will, in the first instance, make application by transmitting the following declaration, which will be made before a Court of Record of the County where such applicant resides. And every Court having by law a seal and Clerk is considered a Court of Record.

DECLARATION,
In order to obtain the benefit of the Act of Congress of the 7th of June, 1832.

State, Territory, or District of } ss.
County of                                }

On this [space] day of [space] personally appeared (a) before [space] A B. a resident (b) of [space] in the county of [space] and State, Territory or District of [space] aged (c) [space] years, who being first duly sworn, according to law, doth on his oath make the following declaration, in order to obtain the benefit of the provision made by the act of Congress, passed June 7th, 1832.  That he enlisted in the Army of the United States in the year (d) [space], with [space] and served in the [space] (e) regiment of the [space] line under the following named officers: 

[Here set forth the names and rank of the Field and Company Officers; the time he left the service; (and if he served under more than one term of enlistment, he must specify the particular period, and rank and names of his officers;) the town or county and State in which he resided when he entered the service; the battles, if any, in which he was engaged, and the country through which he marched. [A stylized hand pointing to the following] This form is to be varied so as to apply to the cases of officers and persons who belonged to the militia, volunteers, navy, &c.] 

He hereby relinquishes every claim (f) whatever to a pension or an annuity, except the present, and he declares that his name is not on the Pension Roll of any Agency in any State, or (if any) only on that of the Agency in the State of [space]

Sworn to and subscribed the day and year aforesaid.   A. B. 

[And then will follow the certificate of the Court.]

And the said Court do hereby declare their opinion (g) that the above named applicant was a revolutionary soldier, and served as he states.

I [space] of the Court of [space] do hereby certify (h) that the foregoing contains the original proceedings of the said Court in the matter of the application of [space] for a pension.

In testimony whereof, I have hereunto set my hand and seal of office (i) this [space] day of [space] &c.

If, on examination of the proper record, the names of applicants, making such declaration, cannot be found, they will produce such proof as the rule given in note (j) points out.

Every applicant who claims a pension by virtue of service in the State Troops, Volunteers or Militia, except those who belonged to the New Hampshire Militia and State Troops of Virginia, will make and subscribe a declaration similar to the foregoing, with the following additions, viz:

(k) We, A. B., a Clergyman, residing in the [space] and C. D. residing in (the same) hereby certify, that we are well acquainted with [space], who has subscribed and sworn to the above declaration; that we believe him to be [space] years of age; that he is reputed and believed, in the neighborhood where he resides, to have been a soldier of the Revolution, and that we concur in that opinion. 

Sworn and subscribed the days and year aforesaid.

[And then will follow the certificate of the Court.]

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 A. B. who has signed the preceding certificate is a clergyman, resident in the [space] and that C. D., who has also signed the same is a resident in the [space] and is a credible person, and that their statement is entitled to credit.

I, [space] Clerk of the Court of [space] do hereby certify that the foregoing contains the original proceedings of the said Court, in the matter of the application of [space] for a pension.

In testimony whereof, I have hereunto set my hand and seal of office, this [space] day of [space] & c.

Every applicant will produce the best proof in his power. This is the original discharge or commission; but if neither of these can be obtained, the party will so state under oath, and will then procure, if possible, the testimony of at least one credible witness, stating in detail his personal knowledge of the services of the applicant, and such circumstances connected therewith, as may have a tendency to throw light upon the transaction.

If such surviving witness cannot be found, the applicant will so state in his declaration (l) and he will also, whether he produce such evidence or not, proceed to relate all the material facts, which can be useful in the investigation of his claim, and in the comparison of his narrative with the events of the period of his
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[A printed page of regulations.  Breaks added for clarity of transcription]

3 [Centered, the page #]

alleged service, as they are known at the Department. A very full account of the services of each person will be indispensable to a favorable action upon his case. The facts stated will afford one of the principal means of corroborating the declaration of the applicant, if true, or of detecting the imposition, if one be attempted; and unless, therefore, these are amply and clearly set forth, no favorable decision can be expected.  All applicants will appear before some Court of Record in the County, in which they reside, and there subscribe and be sworn to, one of the declarations above provided, according to the nature of his case.  

The Court will propound the following (m) interrogatories to all applicants for a pension, on account of service in the Militia, State troops, or Volunteers, except the Militia of New Hampshire and the State troops of Virginia.

   1. Where and in what year were you born?
   2. Have you any record of your age, and if so, where is it?
   3. Where were you living when called into service; where have you lived since the Revolutionary war, and where do you now live?
   4. How were you called into service; were you drafted, did you volunteer, or were you a substitute?  And if a substitute, for whom?
   5. State the names of some of the Regular Officers, who were with the troops, where you served; such Continental and Militia Regiments as you can recollect, and the general circumstances of your services.

6 {To a Soldier  {Did you ever receive a discharge from the service, and if so, by whom was it given and what has become of it?

   {To an Officer {Did you ever receive a commission, and if so, by whom was it signed, and what has become of it?

7. State the names of persons to whom you are known in your present neighborhood, and who can testify as to your character for veracity, and their belief of your services as a soldier of the Revolution.  

The Court will see that he answers to these questions are embodied in the declaration, and they are requested to annex their opinions of the truth of the statement of the applicant.

The applicant will further produce in Court, if the same can be done, in the opinion of the Court,
without too much expense and inconvenience to him, two respectable persons -one of whom should be the nearest clergyman, if one lives in the immediate vicinity of such applicant, who can testify, from their acquaintance with him, that they believe he is of the age he represents, and that he is reputed and believed in the neighborhood to have been a Revolutionary soldier, and that they concur in that opinion.  If one of these persons is a Clergyman, the Court will so certify, and they will also certify, to the character and standing of other persons, giving such certificates.

The traditionary evidence of service is deemed very important, in the absence of any direct proof, except the declaration of the party.  And the Courts are requested to be very particular in the enquiry whether the belief is general, and whether any doubts have ever existed upon the subject.  

Applicants unable to appear in Court by reason of bodily infirmity, may make the declaration be
fore required, and submit to the examination, before a Judge or Justice of a Court of Record of the proper county, and the Judge or Justice will execute the duties, which the Court is herein requested to perform, and will also certify that the applicant cannot, from bodily infirmity, attend the Court.

Whenever any official act is required to be done by a Judge or Justice of a Court of Record, or by a Justice of the peace, the certificate of the Secretary of State or Territory, or of the proper Clerk of the Court or County, under his seal of office, will be annexed, stating that such person is a Judge or Justice of a Court of Record, or a Justice of the Peace, and that the signature annexed is his genuine signature.  

No payments can be made on account of the services of any person who [rest of line illegible due to crease in page] the taking effect of the act of June 7, 1832; and in case of death subsequent thereto, and before the declaration herein required is made, the parties interested will transmit such evidence as they can procure, taken and authenticated before a Court of Record, showing the services of the deceased, the period of his death, the opinion of the neighborhood respecting such services, the title of the claimant, and the opinion of the Court upon the whole matter.

-- [Footnotes below; brackets in the original] -- 

  [a] The declarant must appear in open Court, unless prevented from doing so by reason of bodily infirmity; in which case the declarant will follow the rule laid down for his guidance.
  [b] The declarant must make his declaration in the county where he resides. If he should fail to do so, he must assign a sufficient reason for not conforming to the rule.
  [c] The age of the claimant must invariably be mentioned.
  [d] The declarant must mention the period or periods of the war when he served.
  [e] Every continental officer or soldier must give the name of the Colonel under whom he served; otherwise a satisfactory examination of the claim cannot be had.  Every claimant must state, 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. 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 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: [space] For [space] year [space] months, and [space] days, I served as a [space]; and for such service I claim a pension."

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 about three or four months is too indefinite, and all such qualifying expressions are objectionable.  Some persons who apply for pensions merely state that they served two years in the militia &c without specifying the tours, the names of the officers, and other particulars respecting their service.  This form of a declaration is highly objectionable.  It must, in every case, be clearly shown under what officers the applicant served; the duration of each term of engagement; the particular place or places where the service was performed; that the applicant served with an embodied corps called into service by competent authority; that he was either in the field or in garrison; and for the time during which the service was performed, he was not employed in any civil pursuit.

  [f] The law makes the relinquishment indispensable.
  [g] The opinion of the Court is always required.
  [k] The Clerk must give his certificate in every case.
  [l] The Clerk must affix his seal, and if it has no device or inscription by which it can be distinguished from any other seal, or if he has not public seal of office, the certificate of a Member of Congress, proving the official character and signature of the certifying officer, should accompany the papers.

Mode of authenticating papers.  [Centered]

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 papers 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.

Proof of Service. [Centered] 

  [j] 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 claimant's entering the service, and the time and manner of his leaving the same, as well 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 official character and signature of the magistrate must be certified by the proper officer, under his seal of office.

[A stylized hand pointing to the following] The notes from [a] to [i] are all equally applicable to the cases of Militia men, Volunteers and State Troops, The proof required by rule in note [j] applies to continental troops only.

  [k] This traditionary evidence is indispensable in militia cases.
  [l] If a witness cannot be found, the declarant must state the fact.
  [m] The answers to the interrogatories must all be written, and sent to the War Department, with the declaration.