Revolutionary War Pension and Bounty Land Warrant Application File R. 3,307, William Elliott, Va.
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Va                 Elliott, William                  R 3307
                                   Sarah
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Declaration in order to obtain the benefit of the act of Congress of 7th July, 1838, Granting half pay and Pensions to Certain Widows."

State of Virginia County of King William. SS..

On this 21st day of September 1845, before the subscriber a Justice of the Peace in and for the aforesaid County and State personally appeared Sarah Elliott a resident of the aforesaid County of King William aged Eighty Five Years -
Who being duly sworn according to law doth on her oath make the following declaration in order to obtain the benefit of the provision made by the act of Congress of 7th July, 1838 entitled "an act granting half pay and Pensions to certain widows." That she is the Widow of William Elliot, who was a Corporal in Capt Thomas Baylors Company of artillery, in the Revolutionary War. That her husband the said William Elliott served as she always understood and believed three Years in said War, and that after he was discharged from the Regular Service he was drafted and had to serve in the Militia one, or two tours; That she does not know at what period of the war her husband entered or left the service nor does she know the number of the Regiment to which he belonged - All she knows about it she gathered from himself before his death and only recollects being informed by him That he was a Corporal in Capt. Baylor's Company as before as before stated, and in a Regiment Commanded by one Col. Harrison -
That she has no record of his services, nor does she know of any person now living who can testify to his services. She further states that she was married to the said William Elliott on the 15th day of February - 1786 (seventeen hundred and Eighty six) and that her husband the aforesaid William Elliott died on the Fifteenth day of December 1814 That she was not married to him previous to his leaving the service, but that the
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marriage took place in the aforesaid County of King William prior to the first day of January 1794, towit at the time above stated. She furthers declares that
She is unable from bodily infirmity from attending in court for the purpose of making her Declaration and that the reason of her not having made applications sooner for a pension is that she since the passage of the act of July 7th 1838, engaged the services of one Ro' B Gaines to prosecute her claim, and had supposed until lately otherwise advised that he had presented and had her claim examined & reported upon.
Sworn to and subscribed by a cross on the day and year first above written Sarah x Elliott
Before me Thos Robinson
And I certify that these said Sarah Elliott appeared to be of the age she states and is from bodily infirmity unable to attend Court for the purpose of making the forgoing declaration Thos Robinson.
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State of Virginia:
At a court held for King William County, at the Court House on Monday, the 28th day of December 1846.  The declaration of Sarah Elliott, widow of William Elliott, a Revolutionary soldier, claiming a pension under the act of the 7th July 1838 made on the 21st day of September 1846, before Thomas Robinson, a Justice of the Peace in and for this county being submitted to this court for approval,  the Court, after having fully examined the proceedings of the said Thomas Robinson in the case, doth approve the same, and directs a copy of this order to be endorsed on the aforesaid declaration.
In testimony of the foregoing, I, Robert Pollard, Clerk of the Court of the County aforesaid, in the State aforesaid, having hereunto subscribed my name & affixed the seal of the said County, this 31st day of December in the year 1846.
Ro. Pollard, Clerk
of the County Court of King Wm County
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N.10 [Handwritten with two horizontal lines beneath leading to two vertical lines]
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I do hereby certify and declare that I am the Daughter of Sarah and William Elliott deceased of the County of King William and State of Va [Virginia] that my father died about the year 1803 and that my mother died during the past winter, about the 23rd day of January. That I know nothing of my own knowledge of his Revolutionary Services but I do know that he was reputed and believed to have been one of the Regular Soldiers of what was called the Virginia Continental line during that war, and that he always said to the day of his death that he had served as a Corporal, and I have also heard Captain Yancy Lipscomb who I believe was an officer in the war say that my Father was one of the Regular Soldiers, and served in the capacity of Corporal. I [crossed out] also recollect that my Father said that he was under one Col Harrison who, I think he said commanded the Regiment, and in Capt Baytops Company. I think its probable that Capt Lipscomb and my Father were in the same Regiment together as I often heard them speaking of their services but I cannot now recollect whether they were or not. I cannot now recollect whether my Father ever said he had received his Land bounty or not and if he did what disposition he made of it. It has been a great many years since his death and being then quite young say between 15 & 20 - I may have forgotten. I think it, however probable that he did receive it as he was generally pretty close to his interest. I do further declare that I have no knowledge of any person now living who was in service with my Father, nor do I know of any persons of high stationing in the neighborhood
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in which he lived and died who knows any thing of his services-old Mr James Whitlock was the only person that I know of besides Capt Lipscomb, who knew anything of his services and he died some time before my mother- Given under my hand this first day of July-1847 in the City of Richmond
Ann Bosher
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SERVICE  NUMBER
(Handwritten) Va. Elliott, William  R3307
                 Sarah
CONTENTS
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No.3
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Know all men by these presents, that we Wm Elliott and Ann Lipscomb are held and firmly bound unto the Commonwealth of Virginia in the just and full sum of fifty pounds, C. Money, to which payment well and truly to be made, we bind ourselves, our heirs, exors, a ? firmly by these presents, sealed with our seals and dated this 31st day of January 1786.
The condition of the above obligation is such that whereas the above bound Wm Elliott hath this day obtained a license for his marriage to Sarah Lipscomb daughter of James Lipscomb dec.  Now if there is no lawful cause to obstruct the said marriage, then the above obligation to be void or else to remain in full force and virtue.

Test John Quarles

William Elliott   Seal
Francis Graves  Seal

State of Virginia, King William County, to wit:
I, Robert Pollard, clerk of the Court of King William County, in the State of Virginia aforesaid, do hereby certify that the foregoing is a true transcript from the original on file in the office of the County aforesaid.

In testimony whereof, I hereto set my hand and ? the seal of the said County, this thirteenth day of March, in the year of our Lord one thousand eight hundred and forty seven, and of American Independence the seventy first.

Ro: Pollard, Clerk of King William County Court.
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W.H. Richardson letter &
copy of certificate in Elliotts case

May 13 [within stamp circle and illegible text]

R. Saunders esq
5 [within circle]
Fleetwood
King & Queen

No. 58 [upside down]
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William Elliott a corporal of Capt. Pierce's company of Artillery commanded by Col. Harrison having served the term of his enlistment is hereby discharged from the service of the United States - his behaviour [behavior] as a good soldier merrits [merits] the respects & esteem of all [illegible text] [illegible word] to their country.  Given under my hand the 20th of December at Camp in Morristown.
Ed Carrington Dr for
Con. Q.R. [illegible text]

This is to certify that William Elliott served in the said Dept the term of three years.
Thos Baytop   Capt. Art.y

A copy  Auditor's Office Nov: 13th 1783
Cha. Jones [illegible text - possibly "Clerk"]

Executive Dept. Richmond VA May 13, 1847
The forgoing is a true copy of a paper filed in this department   
Testa  William H. Richardson Secy [illegible text]
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Executive Department
Richmond May 13, 1847

Sir, a mistake was made, as you supposed, in reference to the case of William Elliott, [illegible text] in this department.  There are no indices here by which the papers of the earlier application for Land bounty - below the rank of a commissioned officer can be found, and we have to use the lists of allowances in the Register's office, so far as they will go.  The letter from this department stating that Elliott had not been allowed bounty as a Corporal, was written upon information rec'd [received] from that office; and a more careful search shows that he was allowed for that rank, in 1783. The evidence is enclosed.

Respectfully
Your [illegible text]
Wm H. Richardson S.C.
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The affidavit of Mary L. Hilliard of the County of King William taken on the 3rd day of June 1847 before Tho's Robinson a Justice of the Peace in and for said County. This affiant being duly sworn according to law doth on her oath state that she is one of the children of William and Sally Elliott residents of the Aforesaid County - That her Father died when she the affiant was but a child, and that her mother died some time (ask January - That she has no recollection of ever hearing her Father say anything of his revolutionary services; but had often heard her Mother during her life time say that he was one of the regular soldiers of that war, and that he had informed her before his death that he was a Corporal, and had also informed her undershown he had served and attained it, but that she had forgotten all the officers except those mentioned in her declaration. This affiant further states that there are no old Revolutionary soldiers now being in this county or any of the adjoining Counties whom she knows of who can testify to her Father's services as a Corporal. Nor is there any other old person now living in the neighborhood in which her Father lived who can know anything in relation thereto that those old persons who resided in the neighborhood about the time of her Father's death have all died or removed and their place filled by others who are too young to know anything in regard to the Revolution
Sworn and subscribed the day and year first above written
Mary L. Hilliard
Before me Ths Robinson J. P.
And
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And I certify that the said Mary L. Hilliard is one of the children (as she states) of the above named William and Sally Elliott and that her statement is entitled to full faith and credit.
I further certify that the Declaration of Mrs Sally Elliott was made before me and from my personal acquaintance with her I have no hesitation in saying that her statement therein made in relation to her husbands services and the officer which he had held in the Army is entitled to the fullest confidence and belief. Given under my hand this 3rd day of June 1847
Ths Robinson J.P.

[Sideways]
No. 12
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Pension Office
Oct. 21 1848
Commissioner of Pensions
Reasons for Rejecting
the Claim of Sarah
Elliot - & my answers
RB
________
14
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Pension Office
October 21, 1848

Sir,
In answer to your letter of the 19th incl. I have to inform you that before the case of Sarah Elliott widow of William Elliot, can be reported to the Secretary of War, you should first submit to him your argument stating the grounds upon which you appeal from the decision of this Office is based.

I am, very respectfully,
Your Obt Servt.
J. G. Berret
for Commr. of Pensions

See answer on other side

Richard Burgess, Esq.,
Present
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(Answer)
Washington City
Oct. 23. 1848

Sir
I am required by your letter of the 21st Inc.~ to submit to the Secy of War my argument stating the grounds upon which my appeal from the decision of your office is based, in the Case of the widow of Wm Elliott for a pension, before you can transmit to him (the papers - In reply I must observe that to me, such a requirement seems strange - strange that I sh'd be asked to submit an argument before the papers upon which that arguments to be predicated is produced - The effect of the rules of your Office, absolutely preclude me from preparing it; - I am not permitted to take the paper off of the Office: You have no share desk or table at which I could write to take such notes from the testimony in the Case, as I might deem necessary to maintain my vices: - How am I to prepare an Argument? Nor have you even stated to me the reasons for your reason -
Additional Evidence has been produced to you since your first decision, of which no notice is taken, & yet I, the appealing party, am required to submit an argument in advance.  & before I can get the papers - 
If this decision does not amount to a denial of justice I am yet to warn what would? To
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illustrate the Cases suppose the District Court was to decided a Case adversely. An appeal to the Supreme Court is taken & the evidence & papers with the reason of the Court, was required to be such up for final hearing: but the District Court send the papers to until you shall first make your argument in the Supreme Court - Would not such a decision be preposterous? Would it be submitted to -?
Very respectfully
Y Obt Svt
R. Burge

Col. James L. Edwards
Commissioner of Pensions
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19
James L. Edwards Esq
Commissioner of Pensions
Washington

[Vertical]
Oct 24/46

Richd Burgess
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Washington City
Oct. 23. 1848

Sir
I am required by your letter of the 21st Inc.~ to submit to the Secretary of War my argument stating the grounds upon which my appeal from the decision of your office is based, in the Case of the widow of Wm Elliott for a pension, before you can transmit to him (the papers - In reply I must observe that to me, such a requirement seems strange - strange that I sh'd be asked to submit an argument before the papers upon which that arguments to be predicated is produced - The effect of the rules of your Office, absolutely preclude me from preparing it; - I am not permitted to take the paper off of the Office: You have no share desk or table at which I could write to take such notes from the testimony in the Case, as I might deem necessary to maintain my views. Without access to the evidence & papers in the Case, how am I to prepare an argument? Nor have you even stated to me the reason of your decision? Additional evidence has been produced to you, since your first decision
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of which o notice is take, & yet I the appealing party, am required to submit an Argument in advance, & before I can get the papers. If this decision does not amount to a denial of Justice I am yet to learn what would? To illustrate the Case suppose the District Court was to decide a Case adversely. an appeal to the Supreme Court is taken, & the evidence of papers with the decision of the Court was required to be such up for final hearing - but the District Court say to the appealing party, we cannot send the papers &c until you shall first make your argument in the Supreme Court. Would not such a decision be preposterous? Would it be submitted to?
Very respectfully
Y Obt St
R Burgess

James L Edwards Esq
Commissioner of Pensions
Washington
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REJECTED
3307
P.O. Sarah Elliot
Service: wid. of William
Enlisted: _________, 18__
Discharged: ___________, 18__
Application filed:_______, 18___
Alleges: ________________
Re-enlisted:_________________
Attorney:___________________
P.O.__________________-
____________ Recognized. ____________Contra
________ Cert. of Dis. Searched for _________, 18__
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This is to certify that I am a revolutionary pensioner going on eighty-six years of age, and that I was acquainted with a man of the name of William Elliott for and the County of King William in this state. the said Elliott was a corporal in Capt. Princes Company of Artillery in C.I. Harrisons regiment and served three years. Given under my hand this 19th day of September 1848.
Benjamin Truslow
x his mark

September 1848-
State of Virginia
Stafford County
Be it remembered that on the 19th day of Sept. 1848, personally appeared me a Justice of the Peace in and for the County aforesaid, Benjamin Truslow a revolutionary pensioner of the U. States and a credible witness and made oath in due form of law that the truth of the foregoing certificate to which his name is subscribed.
In testimony whereof I Land hereto set my name the day and year above mentioned
JR Lighthugh J.P.
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State of Virginia. Stafford County.
I John M. Conway, clerk of the Court of Stafford County, certify that J. R. Fitzhugh is a magistrate as above & that the foregoing signature purporting to be his is genuine
In testimony whereof I have hereunto affixed my seal of Office & subscribed my name this 29th day of September 1848
J. M. Conway Clerk
of the Court of Stafford County

Wm Elliot for
Pension
_________
presented by R
Burgess Oct 13
1848=

[Vertical]
No 6
Deposition of
Benja Thurlow
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Copy
Washington Oct 13. 1848
to
James L Edwards
respecting the claim
of Sarah Elliott
=
17
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To James L Edwards Esq
Commissioner of Pensions -

Washington DC
Oct 13 1848

Sir
By your permission today I have examined the Evidence in support of the claim of the heirs of Wm Elliott for a pension under the Act of 7 July 1838. which seems to me to be as Conclusive as the Nature of the Case admits of - The widow in her declaration Clearly sets forth, the services of her husband as will in regard to her own personal knowledge as of the statements of her husband. made in their private and confidential conversations. Her declaration is Corroborated by the testimony of her children and immediate neighbors. The testimony of an old Comrade of the dec'd- he himself, teetering on the grave, owns a personal knowledge of the service, is also presented. The Certificate of Capt Baytop, and the record Evidence in the Case, all, to my mind, clearly establish the fact that Wm Elliot was in the service in the state line of Va. on Continental duty. The rolls show but one Wm Elliot: the identity is therefore Complete. To require more conclusive evidence after such a lapse of time, would seem to me to be an absurdity. The proof established afford the strongest presumption in favor of the claim, and the objection here before made as I understand, that the prepared evidence is that of females, is not tenable. There is No law Makeup such discrimination. & generally speaking the recollection of females in consequence of their secluded lives & reflective habits. Respecting important personal relations is stronger than that of the other sex.
Respectfully
Y Ob Svt
R. Burgess
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James L Edwards esq
Commissioner of Pensions
Washington

[Vertical]
Oct 20/46
Robt Burgess
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Washington City
Oct 19. 1848

Sir
I have received your letter of the 17th last informing me of your adherence to a former decision of your office, in the Case of Sarah Elliot, widow of William Elliot for a pension under the Act of 7th July 1838.
From an examination of the Evidence adduced in support of the claim I have formed the opinion, that, her Case is clearly & fully made out by the testimony; and being of that opinion, I am unwilling to abandon the poor widows claim, without a Submission of her Case, with all its accompanying Evidence & papers, to The Secretary of War: I shall therefore feel much obliged by your transmitting them to him, with your reasons for the decision you have made upon therefore. So that I may have an opportunity of submitting a synopsis of the testimony, with my views of thereon for final decision by the Honble Secretary.
With great respect
Yr Obt Svt
R. Burgess

James L Edwards Esq
Commissioner of Pensions
Washington
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13

James L Edwards Esq
Commissioner of Pensions
Washington

[Vertical]
Oct 14/46
Wm Elliott
R. Burgess
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To James L Edwards Esq
Commissioner of Pensions -

Washington DC
Oct 13 1848

Sir
By your permission today I have examined the Evidence in support of the claim of the heirs of Wm Elliott for a pension under the Act of 7 July 1838. which seems to me to be as Conclusive as the Nature of the Case admits of - The widow in her declaration Clearly sets forth, the services of her husband as will in regard to her own personal knowledge as of the statements of her husband. made in their private and confidential conversations. Her declaration is Corroborated by the testimony of her children and immediate neighbors. The testimony of an old Comrade of the dec'd- he himself, teetering on the grave, owns a personal knowledge of the service, is also presented. The Certificate of Capt Baytop, and the record Evidence in the Case, all, to my mind, clearly establish the fact that Wm Elliot was in the service in the state line of Va. on Continental duty. The rolls show but one Wm Elliot: the identity is therefore Complete.
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To require more conclusive evidence after such a lapse of time, would seem to me to be an absurdity. The proof established afford the strongest presumption in favor of the claim, and the objection here before made as I understand, that the prepared evidence is that of females, is not tenable. There is No law Makeup such discrimination. & generally speaking the recollection of females in consequence of their secluded lives & reflective habits. Respecting important personal relations is stronger than that of the other sex.
Respectfully
Y Ob Svt
R. Burgess
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Pension Office Oct 17/48
Letter from Commissioner
of Pensions respecting
the Case of Mrs Elliot
for pension - with 
my answer
RB
_________
23
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Pension Office
October 17th, 1848

Sir,
In answer to your letter of the 13th incl. I have to inform you that the evidence filed in the Case of Sarah Elliott, widow of William Elliott, has been again very Carefully examined, and I am constrained to adhere to the Decision heretofore Communicated to her several agents.
We cannot grant a pension to Mrs. Elliott upon the proof now before the Department.
I am, Very respectfully,
Your Ob. Servt.
J. G. Berret
for Comms. of Pensions

(answer other side)

Richard Burgess, Esq.,
Present.
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Washington City
Oct 19. 1848

Sir
I have rec'd your letter of the 17th ins. informing me of your adherence to a former decision of your office in the Case of Sarah Elliot widow of Wm. Elliot for a pension under the Act of 7th July 1838.
From an examination of the Evidence adduced in support of the Claim I have formed the opinion that her Case is clearly and fully made out by the testimony: and being of that opinion I am unwilling to abandon the poor womans claim without a submission of the case with all its accompanying evidence & papers to the Secretary of War. I therefore shall feel much obliged by your transmitting to him the papers of truth you (?) for the rejection of the claim -
I shall then submit to the Hon.ble secretary a synopsis of the testimony, with my views of the Case for his final decision. With great respect
am
Y obt Srvt
R. Burgess

James L Edwards Esq
Commissioner of Pensions
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Decm 21 1824
Adv is
Sarah Elliott
15

B. Clements
Page 37

Georgetown D.C. Dec.r 24. 1845

Sir
I, herewith, respectfully enclose additional testimony in Support of the claim of Mrs. Sarah Elliott widow of William Elliott a Revly. Soldier, whose claim I presented some time ago.
Very respectfully
Your Obt. Serv.t
R Clements Agt.

James L. Edwards, Esq
Comm'r of Pensions
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No 13317
Sarah Elliott
wid of William
Va
act 7 July 1838
Married 1786
Husband died 1814

22
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Georgetown DC Sept. 28. 1847

Col. Edwards,
Sir
I have received a letter from R. Saunders Esq. of Va from which I extract the following, viz:
"I send you enclosed the affidavit of Sally Madison in the Case of Sarah Elliott widow of William Elliott who was a Corporal in the 2d Va. Regt. under Capt Baytop & others, whose claim I presented some time ago. You will perceive by referred to Col. Edwards? last letter to me on the subject, that it was only necessary for me to prove that her husband was the identical person named; This I think is now clearly established beyond a doubt by this testimony, and ought to be allowed forthwith. It ought to be allowed as a Corporal, for the widow, in her declaration states that her husband was a Corporal in Capt. Baytop's Co. 2d. Va. Regt. and the words from the fact."
"You are authorized to examine this Case fully as my Agent"
Signed "R. Saunders"
Sept 18 1847

I beg leave respectfully to ask that you will inform me of whatever decision you may be pleased to make upon the case with this inclosed additional testimony. Very respectfully your Obdt. Svt.
Rob. Clements Agent
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May 13/47.

R Saunders
respng case of
sarah Elliott.

24
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Fleetwood, King & Queen, May 17th, 1847,
Col. James L. Edwards
Commissioner of Pensions
Sir
Upon receipt of your communication of the 22d April last in relation to the claim of Mrs Sarah Elliott, I concluded that she perhaps had in a decision within in the name of the officer under whom her husband had served, and therefore wrote to Genl. Richardson to send me a Copy of the evidence upon which her husband was allowed Land bounty by Va which evidence (after the Second Search was made was found & of which I sent you a Copy accompanied by the letter of Genl. Richardson, shows that she was mistaken as to his Captains name or else I misunderstood her to say Baylor, whom perhaps she said Baytop - (for I am now getting very deaf) and so wrote it down in her declaration - I find however that she was perfectly correct as to the names of the other officers named in her declaration and of the officer, who Commanded the Regiment. You will perceive that there is a great similarity in the name of Ths. Baytop & Thomas Baylor, and that nothing was more natural than for her to take the name or for me to misunderstand her. I think therefore that her case is clearly made out by herself, and that no further proof can be required.
With my great respect Yr Ob Sert
R. Saunders
Turn over.
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N.B.
If you will again refer to her Declaration You will find That she has assigned reasons for delaying her application for a Pension - for if I mistake not she stated, that she had several Years ago made a Declaration and placed it in possession of one Robert B. Gaines, and was under the impression that he had filed one and that she was not apprised of the Contrary until she was informed through a communication as issued to the Honl W. N. M. T. Hunter in July late -
R.S.
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Transcription Note: background text is illegible in the image.  Additional text is in transcribed.

Line 1: 16.
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Fulwood Virginia July 8th 1847, 
Col J L Edward
Com. of Pensions 
Sir
I send you herewith all the additional testimony that I have been enabled to obtain in the case of Sarah Elliot. The old Lady died in January and of course she could do nothing more. There is no old soldier living in the county of King William who knows anything of WM Elliot being a corporal or even a soldier in the revolution, indeed there is but one alive now in the county and he was only in the militia a short time - the only one who knew any thing of his service was an old man by the name of Whitlock who died a short time before Mrs. Elliots declaration was made, so that it is impossible to identify her husband as being the soldier named in the certificates of W. H Richardson by comrades, unless by chance I should happen to meet with some old soldier residing in some other county who might have known him in service - 
Nor is there any other person of high standing  in the neighborhood in which he lived and died who know anything of his service as a Corporal in Harrisons artillery - they might know that he was reputed and believed to have been a Revolutionary Soldier and that he was a Corporal but then they could not
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say that he was a corporal in Harrisons Artillery as required by you in [illegable] of 28th May last; but my dear Sir I do not see why you should require any further identity in the card she has given you in her declaration. The name, the length of service, the names of his officers and Regiment, all of which agree with the records and yet you require still further proof of identity - This seems to me strange - but I suppose it is all right - I don't believe that you are disposed by any means to require of us more than you are justified in doing for I apprehend that a [illegable] investigation is actually [inellagble] in all cases - 
I think the papers now but show conclusively the William Elliott named in W. H. Richardson's Certificate was the same W. M. Elliott who was the husband of Sarah Elliot - and that you ought without further hesitation allow the claim - 
Mrs. Bosher states in her declaration or
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Can and weather he was in the regiment I must request you to examine the certificate of an POF Ard also and more particularly the efficient of Mr Robinson the Magistrate illegible will provide the illegible p o l l 

can and whether he was in that Regiment
I must request you to examine the Cirtificate of
also & more particularly the Certificate of W Robinson
the Magistrate. You will perceive that Pollard
says that whatever statement Mrs Elliott has made
should be relied upon & you will also see from no Robinson
Certificate that her declaration was made before
him and that he has no hesitation in saying
her statement therein made is entitled to the
fullest confidence & belief
Very Respectfully
dobt Servt
Vilarends
I can give her
the and date ofthe

warrant but here of his family in
what disposition was made of it by him
during his life - the said County was received
by him in 1783. I think
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W .H.  Ruhanson  N.H. in Sarah Elliots case



R. Saunders esq.
Fleetwood
King Queen
Page 48

Executive Department May 4th 1847.

Sir, No evidence can be found in this Department of the services of William Elliott as a Corporal. Three persons of the name of Elliott - Wm, John and Teakle Elliott - were allowed [unknown] in 1834 as privates of The Continental Line, but this William Elliott cannot be the individual meant by you. 

Your letter asking evidence as to the claim of Rob & Rose's heirs was answered on the 30th of April - There was no evidence here.

Respectfully [unknown] Wm. H. Richardson J.C.
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VA.         Elliot William          R 3307
                         Sarah
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Line 1: No 2
Page 51

Va. Elliott, William Sarah R. 3307
Page 52

Va. Elliott, William R. 3,307  Sarah
Page 53

The following testimony is adduced in Support of the Claim of Sarah Elliot widow of WM Elliot a Corporal in Col Hanson's Regt of Artillery, for a pension under the Act of 7th July 1838 Viz
1st. Mrs. Elliots declaration - she states her age to be 85. & testifies, under Oath, that she is the widow of Wm Elliot who was a Corporal in Capt Thomas Baylor's Company that he so served, as she has always understood & believed, 3 years. She did not know the number of the Regt to which he belonged. all her information was gathered from her husband. That she was married 15 Feby 1736. He died 15 Dec'r 1814.
she was unable from bodily infirmity to attend Court, & that the reason of her not having made application sooner for a pension was that she, since the passage of the Act; engaged one R B Gaines to prosecute her claim, & had supposed until lately that he had done so. - dated 21 Dec 1846-
2. - Testimony of R Pollard Esq Clerk of King Wm County Court, is to her personal knowledge of this belief in the truth of Mrs. Elliots Statements.
3 Copy of Bond of Marriage between Wm Elliot to Sarah Lipscomb dated 31 Jany 1786.
4. The Certificate of Wm H Richardson that no
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Evidence could be found in the Executive Department at Richmond in regard to the service of Wm Elliot -
5 - The Certificate of Mr Richardson of the service of Wm Elliot a Corporal of Capt Pierce's Co of Artillery, in the Regt Commanded by Col. Harrison, having Served the tour of his enlistment - & also the Certificate of Capt Thomas Baytop, that Wm Elliot served in the said Regt. of Artillery the term of Three years - Nov. 13. 1783.
6. Benjamin Truslow Deposition that he knew Wm Elliot as a Corporal for 3 years in Capt Pierce's Co of Artillery
7. Polly Madison testifies that she was born & raised in Wm Elliots neighbourhood. the late husband of Sarah Elliot. & Knows of her own knowledge that he served in the War &c-
8. The Certificate of Several highly respectable persons in regard to the respectability & Credibility of Polly Madison (very Strong)
9. The testimony of Frances Whitlock - that she well remembers hearing her late husband say during his last alleges (he died in 1846) that Wm Elliot, the husband of Sarah Elliot served 3 years.
Wm. C. Ellott also testifies to having heard
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James Whitlock on his death bed speak of his knowledge of Elliot's service.
10 The Deposition of Ann Bosher (a daughter of Wm Elliot) respecting the services of her father. &.
11 That her knowledge of the facts she states above were derived exclusively from her father.
12 Mary L. Hilliard (a daughter) testifies to having heard her mother say that her father told her he served in the Revolutionary War.

The testimony above referred to really seems to the undersigned, to establish clearly & conclusively, the right of the widow to the pension she claims.
The exception taken by the Commissioner of Pensions, to the declaration of Mrs Elliot because she says her husband served under Capt Baylor in Col. Harrisons Regt of Artillery, when there was no such officer belonging to the Regt as Capt Baylor, admits of casey explanation. It was a mistake and undoubtedly of the old lady. She intended Capt Baytop, as the officer with whom, she understood & believed her husband served. From the
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great length of time that has elapsed, & the natural imperfection of memory, respecting names - it may well be concurred, that the name of Capt Baytop, by no means a Common one - might be mistaken for Baylor. Both having the Christian name of Thomas. & that Baylor, a name not undistinguished in Va, may have been more strongly impressed upon the mind of the infirm old Lady. Her recollections, tho' correct regarding important events, in which her husband was personally an actor, (& which are fully corroborated by all the testimony) might yet be imperfect as to a mere name. Those remarks apply also to the apparent discrepancy, in the testimony respecting Elliot having been in Capt Pierce's Co; in all human probability he was, at some time or other; in the Course of three years service - according to Common practice - (frequently growing out of the necessities of the service), soldiers are transferred from one Company to Another, & in this way the testimony of Capt Baytop, & Thurlow may be reconciled with that of the widow.
There was but one Wm Elliot in service in the state line of Va. Capt Baytop Certifies that he served three years, as a Corporal. all the testimony goes to prove the service of a Wm Elliot - there being but one of that name
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in the Regt. or in the service. it is, therefore, manifest that he was the same to whose service Capt Baytop Certified. and to whom the testimony of Polly Madison (see No 7018) and Benj'a Turlow (see No 6) refers. and that the identity is clearly established.
It is asserted by the Commissioner of Pensions, that no one of the witnesses whose testimony has been introduced, had any personal Knowledge of Elliot's service. in answer to this, reference is respectfully made tot he Certificate of Capt Baytop, and the depositions of Benjamin Thurlow, himself a revolutionary soldier & pensioner. (see No 6) and of Polly Madison (No 7018) a near neighbour at the time.
The exception taken to the testimony of females is not tenable. The Law recognizes no distinction of that kind, between the sexes. The inferences deduced from such exception, has no justification, & would not be sanctioned by any Court of law, in the absence of any just ground for suspicion, or doubt, as to the truth of the statements. In this Case the Credibility of all the Witnesses, for veracity, is clearly shown by the evidence of gentleman, who, in their own state,
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where their characters are presumed to be well known; are deemed qualified to hold high official stations; & whose characters, as far as known here, are unimpeached & unimpeachable. Is not, therefore, their testimony worthy of full & entire Consideration & weight? & should it not afford Credence to the faith attested to?
The Witnesses are all too, very old persons, verging upon the grave. having no personal pecuneary interest in the matter about which they testify. Can it be Conceived that persons so situated would designedly perjure themselves! It argues a bad Cause & want of Charity, to attenful to impugn the veracity of such persons. or to infer aught to their [illegible]. and moreover, it may be aforesaid as a general prenable, that the recollection of females, respecting important personal family concerns, growing out of their sealsided lives, & quick habits of reflection, are stronger than those of the other sex who, constantly engaged in outdoor pursuits & executing scenes, become less apt to retain in their memories such matters.
Respectfully submitted by
R. Burgess.
agent of the Claimant

Washington City
Oct. 31st. 1848
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The deposition of Polly Madison of the County of King William and State of Virginia, taken at the House of Robert Burke in said County on the 1st day of September 1847 before Fendall Gregory a Justice of the Peace in and for the aforesaid County.
This deponent being duly sworn according to law, doth on her oath depose and state that she is now about Eighty one Years of age
That she was born and raised in the aforesaid County in the neighbourhood of William Elliot deceased the late husband of Mrs Sarah Elliott, and this deponent knows of her own knowledge that the said William Elliott was one of the Regular Soldiers of the Revolution:-That he enlisted in one of the State lines, went into service and was gone for three years. This deponent remembers when he went into service & when he came out of service, but this deponent cannot give the precise dates -
This deponent remembers however that it was not long before the close of the war that the said Elliott got back from the service and she distinctly recollects (for it made a deep impression on her at the time) that when the said Elliott enlisted and was about starting into the service his family even greatly distressed at his going, and this deponents Father laughed at them and told them not to mind it. This deponent does not know or if she ever did, She does not now remember what officers he enlisted under, but this deponent will [illegible] that a man by the name of Daniel Lipscomb, who was an officer and who was killed while in Service by our own men went out about the same line, and This deponent remembers also that a man by the name of John Houtchings Enlisted and went out about the same time, but this deponent cannot say whether they all went together. This deponent does not know whether William Elliot was a Commissioned Officer or not, but this deponent well remembers of hearing it said later.
Polly Madison
x her mark

Sworn to and subscribed the day and Year first above written 
Before me Fendall Gregory J.P.
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Then also appeared Robert Burke who being duly sworn states upon oath that he is well acquainted with Polly Madison the deponent that he believes her to be of the age she states herself To be & that she is a respectable & credible witness. Given under my hand this 1st day of September 1847
Fendall Gregory JP
I further certify the said Robert Burke is a respectable & credable witness
F. Gregory

State of Virginia
I, Robert Polland, Clerk of the Court of King William County, in the state aforesaid, do hereby certify that Fendall Gregory Esq. whose name is subscribed to the foregoing, is a Justice of the Peace of the County aforesaid, duly commissioned and qualified according to the laws of said state; that said signature purporting to be his is genuine, & that full faith & credit are due to all his acts & deeds as Justice, of the peace as aforesaid.
In testimony whereof, I have hereunto set my hand and annexed the seal of said County, this 20 day of September, in the year of Christ, one thousand eight hundred and forty seven, & of American Independence, the 720.
Ro Pollard, Clk:
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Further News Quick in the Case of Wm Elliott
Frances Whitlock
&
Wm. C. Ellot.
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I hereby Certify that I was present during the last illness of Old Man James Whitlock of this County who was a Revolutionary Pensioner, when the question was asked him if he Knew anything of the Revolutionary services of William Elliot deceased, the husband of Sarah Elliot and he stated in reply that he knew that the said William Elliot enlisted some time during the war, but could not say positively when - (thought however it was about the year 1778, for three years in the artillery, but could not say under what Officer he enlisted He was then asked if he knew what Rank the said Elliot held, he stated that he had always understood that he was a Corporal)
These questions were asked for the purposes of obtaining information from said Whitlock to establish a Pension Claim for the Widow of said William Elliot but before his testimony could be taken before a Magistrate the Old man died. Given under my hand this 7th of December 1847.
William C. Ellitt

State of Virginia
King William County} s.s.
Be it known that on this 7th day of December 1847 before the subscriber a Justice of the peace in and for the County aforesaid personally appeared William Ellitt above named and made oath in due form of law, to the truth of the foregoing certificate to which his name is subscribed, And I certify that the said Ellitt is personally known to me, & that he is a respectable & credible person. In testimony whereof, I have hereunto subscribed my name the day & date last above mentioned
Benjm R. Blake J.P.
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The deposition of Ann Bosher of the City of the City of Richmond, in the state of Virginia, taken on the 14th day of Decem'r 1847,
This deponent being first duly sworn according to law doth on her oath depose & say that when she gains her former Certificate, in relation to her Father, (William Elliots) a soldier of the Revolution, she had not since, nor did she know of any Certificate of William H. Richardson, or any other public officer touching his services in the war. That her information on the subject was derived solely from her recollection of what she had heard her Father himself say before his death, and her Mother & others say since.
Ann Bosher

Sworn to and subscribed the day and Year first before mentioned in The Caption.
Before Me Jos C Wingfield J.P.

I certify that I am personally and well Acquainted with the said Ann Bosher and know her to be a respectable and creditable person In testimony whereof I have hereunto set my hand the day and year last above written
Jos C Wingfield JP

State of Virginia
City of Richmond, towit.
I Charles Howard, clerk of the Court of Hushings for the said City hereby certify that Joseph C. Wingfield, whose name is subscribed tot he foregoing certificate, is an alderman &c offices a justice of the
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the peace in and for the said City, and a member of the Court of Hastings thereof, and I certify his said signature to be genuine. In testimony whereof, I have hereto set my hand, and affixed the seal of the said Court of Hastings, This 15th day of December in the year 1847.
Chs: Howard, clk.
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N. 8
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We whose names are hereto subscribed, Certify that we are personally and well acquainted with Polly Madison of this County, King William, who has testified to the Enlistment of William Elliott in the War of the Revolution and that we have known her for many years & have no hesitation in saying that she has an unimpeachable character for truth & strict veracity. and we also do not believe that she would make any statement within upon oath or otherwise of the perjury satisfied of. We further certify that we believe her to be not less than eighty years of age. Given under our hand this 16th day of November 1847.
John Pemberton
Reuben A. Hillyard
Edmund Littlepage
W C Pemberton,

State of Virginia King William County, to wit:
I Robert Pollard, Clerk of the County aforesaid, do hereby certify, that John Pemberton, Reuben A. Hillyard, Edmund Littlepage and Wilson C. Pemberton whose names are subscribed to the foregoing Certificate, are men of the highest respectability, and veracity; that I am well acquainted with their respective handwriting, and that their said signatures are genuine.
In Testimony whereof I have hereunto subscribed my name and affixed the
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Seal of the said County, this 16th day of November One thousand eight hundred and forty Seven
Ro: [Robert] Pollard, C.C.
[Seal]
I hereby certify that I have seen 
Miss Polly Madison
several times, & living in his neighborhood, I can say with confidence that I
have always understood she is a lady of
strict veracity, & whatever she may say can be
fully relied upon
Given under my hand this 22d day of Nov. 1847.
Thomas Roane
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Fleetwood Acdy Va
5th April

Free
Pension claims

Free [in corner in place of postage]

S.S. Edwards Esqr
Commissioner of Pensions
Washington City

[below perpendicular]
13317
[illegible] 7, 1847
a
Sarah Elliott
 [illegible] 7, 1838
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Shelwood, April 3d 1847
Col J. L. Edward
Commissioner of Pensions
Dr Sir
Enclosed is a Declaration
of Sarah Elliott, Widow of Wm Elliott claiming
a Pension under the act 7th July 1838. She has no evidence except her own statement in support of her claim You will therefore have only to Examine
the Rolls of Capt Thomas Baylors Company of artillery and see if her husbands name can be found as belonging to his company, and if so I take it for granted that her claim is a just one & will be allowed. In the mean time I will examine the auditors books in Richmond for further testimony
Very Respectfully
Yr mo obt Servt [Your most obedient Servant]
R [illegible]
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I Robert Pollard Clerk of the County Court of King William in the State of Virginia, do hereby certify that Benjamin R Blake is an acting magistrate for the County aforesaid, duly commissioned and qualified; and that due faith and credit may be given to his official acts, that the foregoing signatures purporting to be his are genuine.
[image of seal] Intestimony [In testimony] whereof, I have hereunto set my hhand, and annexed the seal of the County, this 16th day of December 1847.
Ro: Pollard, Clk:
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I certify that I am James Whitlocke's Widow, who was a Revolutionary Pensioner of this County and died during the past year and I well remember of hearing him say during his last illness and but a few days before he died that
William Elliot the husband of Mrs Sarah Elliot Enlisted and was gone three years in the Revolutionary war as Corporal.
 Given under my hand this 4th day of December 1847
Frances Whitlocke [her mark]

State of Virginia
King William County S.S.
Be it known that on this 4th day of December
1847 before the subscriber a Justice of the peace in and for the County aforesaid personally appeared Francis Whitlocke
Widow of James Whitlocke above named and made oath in due form of law, to the truth of the annexed Certificate to which her name is subscribed. And I certify that the said
Frances Whitlocke is personally known to me and that she is a respectable and credible person. In testimony whereof I have hereunto subscribed my name the day and date
last above mentioned
Benja R. Blake J. P.