Revolutionary War Pension and Bounty Land Warrant Application File S 35102, for John Toomey, Maryland
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Service
MD

Toomey, John

Number
S.35102
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Notification sent to the Hon Thos Culbreth 6 July 1821 Denton, MD

7120
Maryland
From Delaware

John Toomey
of blank in the state of Delaware who was a private in the regiment commanded by Capt. Emery of the 5th Regt of Maryland for the term of three years to 1780

inscribed on the roll of Delaware at the rate of 8 dollars per month to commence on the 25 of Apr 1818

Certificate of Pension issued the 5 of Mar. 1819 and sent Hon Thos Culbreth H.of R.

Arrears to the 4th of Mar 1819 $82.60
Semi-anl. all'ce ending 4 Sept 1819 $48.00
$130.60

{Revolutionary Claim Act 18th March 1818}

Continued
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277
John Toomey

7120
Sept 1819

The law of May 1, 1820, requires the oath or affirmation of the pension that he was a resident citizen of the United States March 18, 1818
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Maryland ss Queen Anne's County Court to wit
October Term

On this nineteenth day of October in the year eighteen hundred and twenty personally appeared in open court being a court of record (made so by the laws of the state and possessing unbridled jurisdiction as a court of law and also having the power of fines and imprisonment) John Toomey aged about seventy two years formerly of the state of Delaware & now of Queen Anne's County, who being first duly sworn according to law doth on his oath declare as follows: that he served more than three years in the revolutionary war that he enlisted in Queen Anne's County in 1777 belonged to the company of Captain Richard Emery in the regiment of Col Wiliam Richarson and the brigade of General Smallwood of the Maryland line that he has received a pension certificate signed by the Honorable J C Calhoun secretary of war dated 5th March 1819 inscribed on the pension list roll of the Delaware agency at the rate of eight dollars per month to commence on the twenty-fifth day of April eighteen hundred and eighteen. Endorsed payable semi-annually the first payment on this certificate will be made on the 4th of September at the branch bank of the Farmer's Bank of New Castle Delaware and also made the following declaration on oath in open court "I John Toomey do hereby certify that I was a resident citizen of the United States on the 18th of March 1818 and that I have not since that time by gift sale or in any manner disposed of my property or any part thereby with intent thereby so to diminish it as to bring myself within the provisions of the act of Congress entitled "An act providing for certain persons engaged in the land and naval service of the United Staes during the revolutionary war" passed on the 18th day of march 1818; and that I have not nor has any person in trust for me any properties or securities, contracts or debts due to me nor have I any income other than what is contained in the schedule hereto annexed and by me subscribed. I have no family, but one daughter named Ann Toomey aged about sixteen years last June and of a weakly constitution without any trade I am spinning wheel wright and disabled by disease from working one half of my time and never capable to perform said labor. Schedule of Property - Tools, 1 for chain, 2 hammers, 4 chisels, 3 gouge, 3 quibbles, 1 hand saw 1 lathe wheel 2 puppet heads 1 pocket bible, and a few old books, 1 vice. John Toomey - sword to in open court this 14 of October 1820. Tho. Murphey clerk of Queen Anne's County Court.

I Thomas Murphey clerk of Queen Anne's County Court do hereby certify that eh foregoing oath and the schedule thereto annexed are truly copied from the record of the said court and I do further certify that it is the opinion of the said court that the total amount in value of the property listed in this aforesaid schedule is ten dollars.
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In testimony whereof I have hereunto set my hand and affixed the seal of the said court on this nineteenth day of October eighteen hundred and twenty.

Tho Murphey - Clerk
of Queen Anne's County Court

Costs: $0.90
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John Toomey
Private
Maryland Line
1777 - 3 years

Admitted

Rate Cert 5 March

Hon Wm Culbreth
H.R.

7120
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United States
Delaware District

Depositions of witnesses sworn and examined before me John Fisher District Judge of the United States for the Delaware District on the claim of John Toomey late a private soldier in the army of the United States in the Revolutionary War and now a resident and inhabitant of the district aforesaid for a pension in pursuance of the provisions of an act of Congress entitled "An act to provide for certain persons engaged in the land and naval service of the United States in the revolutionary war" passed on the 18th March 1818.

The aforesaid John Toomey aged sixty-nine years and upwards being solemnly affirmed in due form of law deposes and declares as follows viz: That on the 4th day of April 1777 this deponent enlisted as a common soldier in a company commanded by Captain Richard Emory which company belonged to the fifth regiment of the first Brigade of the Maryland continental troops; that the enlistment of this deponent was for the term of three years, which term this deponent served out and one month and four days over and above he being discharged on the 8th day of May 1780; that this deponent received on the said 8th day of May a written discharge from the hands of Major Uriah Forrest by the order of General Smallwood which discharge this deponent kept with great care for many years but unfortunately lost
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lost with other papers some years ago; that this deponent during his services as a revolutionary soldier was in the following general engagements to wit - Germantown, Monmouth and the storming of Stoney Point and this deponent further declares that his services were continual and uninterrupted as  revolutionary soldier from the aforesaid 4th day of April 1777 to the 8th day of May 1780 and that now he is in a state of great bodily infirmity and almost entirely unable to follow his mechanical pursuit and by reason of his reduced circumstances in life is in need of assistance from his country for support; and further saith not.

John Toomey

Taken, affirmed and subscribed at Dover 25th day of April 1818.

Before
John Fisher District Judge
United States for the Delaware District

The aforesaid John Toomey being further examined on the day herein underwritten further deposes and declares that after much toil and travelling on foot into the state of Maryland since the date of the foregoing deposition he has not been able to procure any further testimony in relation to his aforesaid application further than a letter addressed to the war - signed
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signed Judge from the Honorable Philip Reed a member of the House of Representatives of the United States from the state of Maryland and a certificate of his revolutionary services by the same Philip Reed also transmitted to the said Judge and further this deponent saith not.

John Toomey

Taken, sworn and subscribed the 11th day of May 1818

Before
John Fisher District Judge
Delaware District

To the Honorable the Secretary of the Department of War

The undersigned district judge of the United States for the Delaware district prays leave respectfully to certify; that it appears to the satisfaction of the undersigned that the foregoing applicant John Toomey served in the revolutionary war in the fifth Maryland regiment on the continental establishment and against the common enemy. that the said John Toomey is in reduced circumstances in life and stands in need of the assistance from his country for support; that he is satisfied that the said John Toomey hath served the time which in his deposition is stated and set forth; the undersigned accordingly transmits to the Honorable the Secretary of War the foregoing depositions agreeably to the provisions of an act of Congress entitled 'An act to provide for certain persons engaged in the land and naval service of the United States in the Revolutionary war" passed 18 March 1919.

In testimony whereof the undersigned hereto sets his hand at Dover in the district aforesaid and cause the seal of the court for the said district to be hereto affixed this thirteenth day of June in the year of our Lord one thousand eight hundred and eighteen and of the Independence of the United States the forty-seven.

John Fisher - District Judge
Delaware District 

Attest: Tho Witherspoon Clerk Dist Court D.D.
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35102
Revy INVALID

File No 35102
John Toomey
Pri Rev War

Act: 18th March '18

Index Vol 2 Page 521

[Arrangement of 1870.]
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I hereby certify that the bearer John Toomey was a soldier in the fifth Maryland Regiment in the war of the revolution. That said regiment was on the continental establishment. That I have a recollection that Mr. Toomey served several campaigns with the company in the middle and northern department. That his department was that of an [illegible] and good soldier. Given under my hand this 7th day of May 1818.

Philip Reed late
Captain Maryland Line
in the war of the revolution.

To whom it may concern.
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The Hon John Fisher
Dover, Delaware
W. Toomey
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Huntingfield, 7th May 1818

Sir

I had the honor to receive your letter of the 19th inst in relation to John Toomey a soldier of the war of the revolution on Tuesday morning last at Earlhall at the moment I was going on board the port of Baltimore and was [illegible] house yesterday I found Mr. Toomey at Wayburn although I was glad to see him as I am always happy to see an old revolutionary soldier yet I requested on his own account that he had taken so long a walk as I intended to reply to your inquiry the moment of my return from Baltimore. I have a very distinct knowledge and recollection of W. Toomey being a soldier of the Fifth Maryland Regiment in the war of the revolution as will appear by the muster roll now given
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to him. I only doubted whether he has enlisted and served during the war - I know he had for a considerable time with the army in the month he was [illegible] he was discharged at Annapolis in May 1780. When the troops of Maryland and Delaware were all three marched to So Carolina his unit of service having served and I cannot recall the fact. I had the [illegible] an a separate [illegible] because not having the act of Congress before me I cannot be certain when it be not agreed that the testimony he forwarded to the war office. I have the honor to be very respectfully

Your Most Obd Serv

Philip Reed

The Hon John Fisher
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Denton June 28th

FREE

Honorable 
John C Calhoun
Secretary at War
Washington
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Denton, June 28, 1821

Sir

Under the hope that upon a re-consideration of the case of the old soldier whose papers are enclosed I have ventured to return them without any alteration or addition.

It appears that the only objection to the suffering of the papers is that the provisioner has not sworn that he was a resident citizen aforesaid the word citizen being omitted in the depositions an omission that was out belons to the clerk and which it seems to me ought not to be an insufferable objection.

I have not seen the old soldier since his papers were returned to me. No court of Record will be in session in the county in which he resides before the semi-annual payment which he ought to receive in September and consequently he cannot make a deposition and exhibit it to such court in short conformity to the law until after that date - he is very poor and needy.

I have been acquainted with the old man from my childhood and if my testimony can make good the deficiency or omission in his papers I know and vouch for the fact of his citizenship. I trust that upon reconsideration
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of the case the objection which has been made will not be thought insufferable and that the old gentleman will be immediately restored to the pension list.

I have the honor to remain
with due respect your
obt servant
Tho Culbreth
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John Toomey Transferred from
Delaware to Maryland
4 July 1821 from 4th of March 1820

Sept 19
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APPLICATION FOR A TRANSFER

Maryland
County of Queen Anne's

On this tenth day of February 1821 before me the subscribe a Justice of the Peace for the said county of Queen Anne's personally appeared John Toomey who on his oath declares that he is the same person who formerly belonged to the company commanded by Captain Richard Emory in the regiment commanded by Colone Wm Richardson in the service of the United States that his name was placed on the pension roll of the state of Delaware from whence he has lately removed; that he now resides in the state (district or territory) of Maryland where he intends to remain and wishes his pension to be there payable in future. That he at present receives eight dollars per month.

John Toomey

Sworn and subscribed to before me the day and year aforesaid

Robert Stevens - Justice of the Peace for Q A County

NOTE: The oath to be taken before a duly qualified magistrate whose official character and signature must be properly authenticated.
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Maryland Queen Anne's County to wit

I hereby certify that Robert Stevens, Gentleman before whom the within deposition was taken and whose name is thereto subscribed was at the time of the taking and subscribing the same one of the state of Maryland Justices of the Peace in and for Queen Anne's County aforesaid duly commissioned and qualified according to law.

In testimony whereof I hereunto subscribe my name, and I affix the seal of my office this fifteenth day of February Eighteen hundred and twenty-one.

Thomas Murphey - Clerk Queen Anne County Court