Revolutionary War Pension and Bounty Land Warrant Application File S. 10618, Azariah Ellithorp, Conn.
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(3-1776)
SERVICE  NUMBER
Conn.  Ellithorp, Azariah S.10618
Carded
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20081
New York
Azariah Ellithorp
[illegible] in the State of New York
who was a Private in Company commanded by Captain Keys, of the Reg commanded by Col. Ely in the Continental line for 10 mons.

Inscribed on the Roll of N York
at the rate of 33 Dollars 33 Cents per annum 
to commence on the 4th day of March, 1831.

Certificate of Pension issued the 1 day of 1835 and sent to J. H. Taylor [illegible]

Arrears to the 4th of [illegible] $66.66
Semi-anl. allowance ending 4 Sept 16.66
$83.32

{Revolutionary Claim.
Act June 7, 1832.}
Recorded by Go. C. Stiles Clerk
Book E. Vol. 3, page 18

See letter 3 April 1834
John B. McCrea
Duplicate issued 9 Apr. and sent Hon J. Cramer H.R.
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Declaration of Azariah Ellithorp in order to obtain the benefit of the act of Congress papers June 7, 1832

State of New York
Saratoga County

On this 5th day of September one thousand eight hundred & thirty two personally appeared in open court before the Judges of the Court of Common Pleas of the county of Saratoga aforesaid now getting Azariah Ellithorp of the town of Edinburgh County of Saratoga aforesaid aged seventy two years on the seventeenth day of April last, who being duly sworn according to law doth on oath make the following declaration to obtain the benefit of the act of Congress papers June 7, 1832. 

I the applicant do declare & affirm I was born in the town of Thompson in Windham County, Connecticut in the year 1760; I resided there till after the Revolutionary War & then moved to Vermont & from there to the town of Edinburgh where I now reside & have resided during the last thirty years. In my sixteenth year in the year 1776 in March I volunteered under George and Jacobs who kept a sergeants guard at Stony Point Connecticut which was kept there on account of the British leaving Boston in their service one month, I remember one Jacobs & three or four men of the name of Green were in my company.

The next service I performed was by a draft into Capt Greens company, Lieutenant Converse & Ensign Jacobs, & went to Fort Griswold in Groton Connecticut under the command of Major Ledyard & stayed three months & we were engaged in building the fort. This was in September 1776 when we went & served three months.

I next enlisted for six or nine months under Captain Keyes of Ashford. I cannot remember the time with certainty of my service. First Lieutenant Lyons, Second Lieut Enoch Grosvenor, Ensign Converse & in Colonel
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Regiment who was not much with us. We went to Fort Griswold the latter part of March or the first part of April 1777 & staid there untill the forepart of September following & then went in Spencers Expedition to Rhode Island in which we were engaged at Trenton about two or three weeks & then marched back to Groton [unk] to New London& then up the Sound to Westchester & staid there untill our time was nearly behind & them marched back to Rye in Connecticut & were then discharged but not in writing.

In the year 1780 I was drafted for eight months in the Continental service under Col Willis. I did not enter the service untill two months after my draft owing to a wound I received in my waist. After I fot able to go I found the Army at Morristown in New Jersey & was directed by Colonel Willis to attend on the baggage waggon & assist in waiting on the officers of that Regiment & guarding the forage waggons. This was owing to the lameness of my hands. I had a written discharge but have lost it. I served in this town about two and a half months according to my best recollection. I have no record of my age or name but suppose it is of records on the town where I was born. I do remember the names of number of any Regiment. There is no person now alive that i know can testify to my services. I refer to Lebbeus Armstrong a clergyman now of Bouston inforataged county formerly of Edinburgh where i resided & to Eli Beecher, john Hamilton, Robert Sumner of said Edinburgh to whom I am well known  & who may testify as to my veracity & their belief of my revolutionary services. I hereby relinquish all claim to any pension or annuity whatever & declare that my name is not on any pension roll of any of any pension agency either in this or any other State.

Azariah Ellithorp

Sworn to & subscribed the day & year aforesaid

Elithorp, Azariah
(Conn) S-10618
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19735
Azariah Ellithorp
N.Y.
Ob. 5
P. 304
coma
22 Mar 33

honb Jno W Taylor
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Brief in the case of Azariah Ellithorp
County of Saratoga in the State of New York
(Act 7th June 1832)

1. Was the declaration before a Court or a Judge? Court

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

3. How old is he?  72

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

Period: Vol in 1776
Duration of Service: 1 month
Rank: Private
Names of General and Field Officers under whom he served: Sergeant Jacobs

Period: drafted 1776
Duration of Service: 3 months
Rank: private
Names of General and Field Officers under who he served: Maj Ledyard, Capt Green

Period: enlisted 1777
Duration of Service: (cannot remember) 6 or 9 months
Rank: private
Names of General and Field Officers under whom he served: Capt Keyes, Col Ely

Period: drafted 1780
Duration of Service: about 2 months
Rank: private
Names of General and Field Officers under whom he served: Col Willis

5. In what battles was he engaged?  none

6. Where di he reside when he entered the service? Windham Co, Connecticut

7. Is his statement by living witnesses, by documentary proof, by traditionary evidence, by incidental evidence, or by the rolls?  traditionary

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

I Certify that the foregoing statement and the answers agree with the evidence in the case above mentioned.

Chs. W. Forrest
Examining Clerk
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Certificate

We Lebbeus Armstrong a clergyman of the town Ballston Saratoga County & formerly of Edinburgh & Samuel Stinson of the town of Day in said county hereby certify that we are well acquainted with Azariah Ellithorp who has subscribed & sworn to the above declaration that we believe him to be about seventy two years of age, that he is reputed & believes in the neighborhoods where he resides to have been a soldier of the Revolution, for truth & veracity as unquestionable goods.

Lebbeus Armstrong
Samuel Stinson

Sworn to & subscriber\d the day & year aforesaid in open court.

Thomas Palmer Clerk

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 ift appears to them that Lebbeus Armstrong is a clergyman, formerly resident of the town of Edinburgh in the County of Saratoga aforesaid, and now of the Town of Ballston in the said County of Saratoga and that Samuel Stinson who signed the same is a resident of the town of Day aforesaid and is a credible person, and that their statements is entitled to credit.

I, Thomas Palmer, Clerk of the Court of Common Pleas of the County of
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Saratoga now sitting. Do hereby certify that the foregoing contains the original proceedings of the Said Court in the matter of the application of Azariah Ellithorp for a pension.

In testimony whereof I have hereunto set my hand and seal of office this fifth day of September in the year of our Lord one thousand eight hundred and thirty two.

Thomas Palmer Clerk


Ellithorp, Azariah
(Conn) S-10618

Pension Papers
Azariah Elliworth
under the act of Congress papers 7th 1832
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Pension Papers of
Azariah Elliworth
under act of congress papers June 7 1832




aom'd
10 mo per
$33.33

Ellithorp, Azariah
(Conn) S-10618
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State of New York
Saratoga County

Personally appeared before me the undersigned a Justice of the Peace in & for said County of Saratoga, Azariah Ellithorp who being duly sworn deposeth and saith that by reason of old age and the consequent loss of memory he cannot swear positively as to the precise length of his service, but according to the best of his recollection he served [unk] than the periods mentioned in the following grades-For one month service as a private in the Connecticut Militia under Sergeant [unk] at Stonington Point in 1776; For three months service as a private in Capt John [unk] company under the command of Major Sedgard in the Connecticut militia at Fort Griswold in the fall of 1776; For seven months service as a private in Capt Keyes company in Colonel Ely's regiment in the Connecticut State troops in  1777; and for such services I claim a pension.

Azariah Ellithorp

Sworn & subscribed before me April 17th 1833.
Oran G Otis Justice of the Peace of the County of Saratoga aforesaid.

Stateo f New York
Saratoga County

I Alpheus Goodrich clerk of the county of Saratoga, do certify that Oran G Otis before whom the foregoing affidavit purports to have been [unk[ [unk] the date of the same one of the Justice of the Peace in & for the said county, and that I am acquainted with his hand writing and verily believe his name subscribed to the said affidavit to be his proper hand writing and signature.

Witness my hand and seal of office the twenty third day of April 1833.
A Goodrich Clerk
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Payments to be made at N York by [unk] Agent for paying pensioners, in the Agency of 

N.Y.

Recorded in the Pension Office, in Book E Vol 3 Page 18 by Go C Stiles Clerk
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WAR DEPARTMENT
Revolutionary Claim

I certify that, in conformity with the law of the United States of 7th June, 1832, Azariah Ellithorp of the state of N York who was a private in the Revolutionary War is entitled to receive thirty three dollars and thirty three cents per annum, during his natural life, commencing on the 4th of March 1881, and payable semi-annually on the 4th of March, and 4th of September, in every year.

Given at the War Office of the United States this 1 day of August one thousand eight hundred and thirty three.
John Cobb
Secretary of War

Examined and Countersigned
J L Edwards
Commissioner of Pensions
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10618
INVALID

File No. 10618
Azariah Ellithorp
Pri Rev War
Act: June 7th 32
Index: Vol a, Page 113

[Arrangement of 1870]
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Azariah Ellithorp
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Brief objections to the admission of Pension Claims, of which these answered in the negative, in red ink, will apply to the claim of Azariah Ellithorp which require further proof or explanation.

I. Does the declarant show where the applicant resides?  yes

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

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

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

V. Has he mentioned with precision the length of his service, and the different grades in which he served, in language so definite as to enable the department to determine to what amount of pension he is entitled?  no

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

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

VIII. Has the Court given their opinion?  yes

IX. Has the Clerk given his certificate?  yes

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

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

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

XIV. If the applicant's name is not found on the rolls of military service, has he produced a witness or witnesses as to his service?
If he has produced direct proof as to service, has the magistrate who administered the oath, certified to the credibility of the witness or witnesses?
Has the proper officer certified to the official character and signature of the magistrate as the regulations direct?

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

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

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


EXPLANATORY NOTES
QUERE V. In a case where the applicant cannot, by reason of the loss of memory, state precisely how long he served, he should amend his declaration by making an affidavit in the following words:
"Personally appeared before me, the undersigned, a Justice of the Peace, &c. A. B. who, being duly sworn, deposeth and saith, that, by reason of old age, and the consequent loss of memory, he cannot swear positively as to the precise length of service, but according to the best of his recollection he served not less than the period mentioned below, and in the following grades; For ------year-----months, and -----days, I served as a ------For ------months and -----days, I served as a ------; and for such service I claim a pension.
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It is important in all cases to determine with precision the period for which each applicant served, and the particular rank he held, as the law directs the pension to be paid according to the grade of the pensioner and the length of 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 pension merely state 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 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 was performed, he was not employed in any civil pursuit.

Quere XIV. Proof of Service
In a case where the name of the applicant is not found on the records of the Department, he must prove his service by two credible witnesses, who are required to set forth in their affidavits the time of the claimants entering the service, and the time and manner of his leaving the same, as well as the regiment, company, and line to which he belonged. The magistrate who may administer the oaths must certify to the credibility of the witnesses, and the official character and signature of the magistrate must be certified by the proper officer, under his seal of office.

Quere XVI. Mode of authenticating papers.
In every instance where the certificate of the certifying officer who authenticates the papers is not written on the same sheet of paper which contains the affidavit, or other paper authenticated, the certificate must be attached thereto by a piece of tape or narrow ribbon, the ends of which must pass under the seal of office of the certifying officer, so as to prevent any paper from being improperly attached to the certificate.
In every case where the clerk of the court, or other certifying officer, has no 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.


In examining the [unk] it does not appear that the claimant was, mentioned in Willis Reg't in 1780 his claims for 2 1/2 mo pension at that period cannot be allowed.