Revolutionary War Pension and Bounty Land Warrant Application File S. 18392, Darius Ely, Mass.
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SERVICE
Mass.
Ely, Darius
S18392
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See Cir Tra Sept 14 '35
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To Mass'ts for 4th Mar 1835
Sept 24 1835
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Cir to Pension Agt 26 March 1838
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To Ohio Pittsburgh from 4th September 1837. 5 April 1838 .Notification sent to G.S.Hough Ravenna Ohio
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Let D. Ely
March 27/55

Darius Ely of Portage O. in the State of Ohio who was a Private in the Co commanded by Captain Morgan of the Reg. commanded by Col. Brooks in the Mass line for  14 months. Ohio Pittsburgh 

Inscribed on the Roll of Ohio Pitts at the rate of 46 Dollars 66 Cents per annum, to commence on the 4th day of March, 1831. 

Certificate of Pension issued the 20th day of July 1833 and sent to John Whittlesy Ravenna Ohio 

Arrears to the 4th of March. 1833. 93.32 
Semi-anl. allowance ending 4 Sep 33 23.33 
========
 $116.65
========

⎨ Revolutionary Claim June 7, 1832}
Recorded by Wm R. Palmer, Clerk 

Book E Vol. 8. Page 110
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Darius Ely
485
17 877
[handwritten check mark]
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State of Ohio Portage County 

On this Thirtieth day of October 1832 before the Judges of the Court of Common Pleas Davis Ely of Portage County now sitting of Ravenna Portage County and State aforesaid aged 71 years doth on his oath make the following declaration in order to obtain the benefit of the act of Congress passed June 7th 1832 

That in 1776 he enlisted at West Springfield in the State of Massachusetts under Captain John Morgan. Solomon Brewer first Lieutenant that he entered into the service in the Garrison at Springfield to guard the Military Stores at that place. where he remained in that Garrison six months and was then discharged. That in the year 1779 he enlisted at West Springfield Massachusetts under Captain Preserved Leonard Enock Cooper 1st Lieutenant Stiles 2d Lieutenant. that he marched from West Springfield to New London and was stationed at that place between one and two months in Erecting a fort and was discharged having served out the time. that in the year 1780 that he enlisted at West Springfield in the State of Massachusetts under Captain Luke Day Colonel Brooks regiment Patterson's Brigade of the Massachusetts Troops (the sum being the 7 Regiment) and marched from West Springfield to West Point in New York where he joined Brooks Regiment after remaining at West Point, a short time the Troops here ordered to March in to New Jersy (leaving enough Troops at the Point under Arnold to Guard the Forts). to a place called Orange Town and Lotaway &c and in December that army here allowed to March back to West Point where he remained a short time and was discharged
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but he cannot say what has become of it. that time of this enlistment was six months which time he served. he further states he knows of no person living (except Simon Ely whose deposition accompanies this Declaration) who can testify to his Sevices. He herby relinquishes every claim whatever to a pension except the present and declares his name is not on the pension Rool of any agency of any State
Darius Ely

Sworn to and subscribed the day and year aforesaid Geo. Kirkum Clerk 

We Frederick Wadsworth & William Frazer of Ravenna Portage County and State of Ohio do hereby certify that we are well acquainted Darius Ely the above named applicant and believe him to be 71 years old that he is reputed and being in the neighbourhood where he resides to have been a soldier of revolution and that we concur in that opinion and we further certify that his character for truth and and veracity is unimpeachable 
Fred'k Wadsworth 
Wm Frazer 

Sworn to and subscribed the day and year aforesaid Geo. Kirkum 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 it appears to them that Frederick Wadsworth and William Frazer who have signed the preceding certificate are residents in the Township of Ravenna aforesaid and are credible persons and that their statement is entitled to credit-

I Geo. Kirkum Clerk of the Court of Common Pleas of Portage County in the State of Ohio do hereby
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certify that the foregoing contains the original proceedings of the said Court in the matter of the application of Darius Ely for a Pension- 

In Testimony whereof I have hereunto set my hand and seal of Office this twenty third day of October A.D. 1832. 
Geo. Kirkum Clerk
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State of New York Otsego County SS- ---

I Simeon Ely of Warren in the- County of Herkimer and State aforesaid being duly sworn deposeth and saith that he is cousin to Darius Ely of Ravenna Portage County Ohio, a revolutionary soldier. That he resided in the same neighborhood with this deponent in West Springfield Massachusetts during the revolutionary War. 

That in the year 1778 or 1779 and this deponent cannot positively determine which the said Darius Ely served his country as a private soldier together with this deponent at East Springfield Massachusetts. That this deponent and the said Darius Ely both enlisted atthe same time for the term of six months, both entered the service, at the same time and both served six months in the Garrison Kept at East Springfield aforesaid under Capt. John Morgan, Solomon Brewer First Lt. and one Stiles, Second Lt. 

That Col. Smith had command of the Garrison at that place at the time stated. that this deponent has been of the opinion that this term of service commenced in the month of March, but on further reflection he is satisfied that it commenced in the month of January, and terminated in July of one of the years above stated. 

and this deponent further saith that the said Darius Ely volunteered at West Springfield with this deponent in the year 1780 for six months. A certain number of men was required from Capt. Levi Ely's Company to which the said Darius Ely and this deponent both belonged. That the said Darius Ely, & this deponent turned out together with others sufficient to make up the requisite number. That the said Darius Ely and this deponent marched to South Hadley where they were inspected by Col. Woodbridge, from there they returned to Springfield and shortly march to West point, where they were distributed amongst the regiment of the Line. That the said Davis Eley together with this deponent was attached
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to a company commanded by Capt. Luke Day. Elijah Day first Lieut. and one Buffington 2d Lt. in the 7th Massachusetts Regt. commanded by Lt. Col. John Brooks. That they remained at West point about 2 weeks under drill, from thence they marched into the Jerseys where they were marched from places during the whole term of this service, or until they returned into winter quarters at West Point where they the said Darius Ely and this deponent were both discharged at the same time on the Eighth day of December 1780, having both of them served out their service term of six months 

And deponent further saith that the said Darius Ely also served with this deponent as a private soldier and as a volunteer at New London in the year 1781 shortly after Arnold attacked & burnt New London for the term of two months, under Capt. Reserved Leonard, Enoch Cooper first Lieut. That they volunteered at Springfield and marched to New London where they arrived as this deponent believes same time in the month of June about 2 weeks after New London was burnt. That the said Darius Ely and this deponent then belonged to Regt commanded by Col Porter 

Simeon Ely
Sworn and Subscribed this 13th day of June D. 1833, before me. And I do further certify that I am well acquainted with the deponent the said Simeon Ely and know him to be a credible person and that full credit ought to be given to his testimony 
Selah Havers Justice of the peace
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State of New York Otsego County ss. 

I Horace Lathrop Clerk of the said County do certify that Selah Havens Esqr before whom the preceding affidavit purports to have been sworn was at the date of the same one of the Justices of the peace in & for 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 & signature 

Witness my hand & Seal of office this 14th day of June 1833- 
Horace Lathrop By G. A.C. Luce Dept
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17877 
Darius Ely 
13.426 
Adm 1 year & 2 Months

Jno Whittlesy Ravenna Portage County Ohio
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17877 
BRIEF in the case of Darius Ely of Portage in the State of Ohio. (Act 7th June, 1832)

1. Was the declaration made 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? 71 
4. State his service, as directed in the form annexed. 

[table headings]Period. | Duration of Service. Years. Months. Days. | Rank. As A |  Names of General and Field Officers under whom he served. 
[row 1]'78 | - 6 - | private | Capt Morgan (garrison at Springfield)
[row 2]'79 | - believe 2 - | " | Capt. Leonard (engaged in building a fort
[row 3]'80 | - 6 - | " |  Capt Day Col Brooks

5. In what battles was he engaged? none ment'd
6. Where did he reside when he entered the service? West Springfield Mass 
7. Is his statement supported by documentary proof, by traditionary evidence, by incidental evidence of by the rolls? by one living witness 8. Are the papers defective as to form or authentication? and if so, in what respect, Right

I certify that the foregoing statement and the answers agree with the evidence in the case above mentioned. 
W C Easton Examining Clerk. 20 Feb. 1833
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[top left handwritten and underlined the letter "P"]
18392
INVALID
No. 18392
Darius Ely
Pri Rev War
Act: June 7" 32
Index: - Vol. 1 , Page 11q3
[in brackets] [Arrangement of 1870.]
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Merchants Bank
Pension Department
Boston. 29.th March 1838
Your letter of the 26th inst. is rec'd. In reply I have to state that Darius Ely a pensioner no on the roll oof this Agency at 46.66 / 100 Dollars per annum has been paid up to [underlined] 4th Sept. 1837
I am. sir. very respt. 
Your obdt. serv.
Franklin Havens 
Pension Agent
J. L. Edwards Esqr.
Comr of Pensions 
Washington
D.C.}
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17,877
Darius Ely

Jno Whittlesey
Ravenna Ohio
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BRIEF objections to the admission of Pension Claims, of which those answered in the negative, in red ink, will apply to the claim of Darius Ely which require further proof or explanation. 
1. Does the declaration show where the applicant resides? yes
II. Did the declarant make the declaration in the county where he resided yes
III. If the applicant did not make the declaration in the county where he resides, is there any reason assigned for his not doing so? 
IV. Has the declarant mentioned the period or periods of the war when he served? yes
V. Has he mentioned with precision the length of his service, and the different grades in which he by served, in language so definite as to enable the department to determine to what amout of pension yes he is entitled? yes
VI. Has he given the names of the officers under whom he served, in conformity with the regulations? Yes 
 VII. Has he made a relinquishment of every claim to any other pension than the one under the Act of June 7, 1832? yes
VIII. Has the Court given their opinion? yes 
IX. Has the Clerk given his certificate? yes 
X. Is the Clerk's seal affixed? And if so, has it a device or inscription by which it can be distinguished from any other seal? yes
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BRIEF objections to the admission of Pension Claims, of which those answered in the negative, in red ink, will apply to the claim of Darius Ely which require further proof or explanation.  
1. Does the declaration show where the applicant resides? yes 
II. Did the declarant make the declaration in the county where he resided yes 
III. If the applicant did not make the declaration in the county where he resides, is there any reason assigned for his not doing so?  
IV. Has the declarant mentioned the period or periods of the war when he served? yes 
V. Has he mentioned with precision the length of his service, and the different grades in which he by served, in language so definite as to enable the department to determine to what amout of pension yes he is entitled? yes 
VI. Has he given the names of the officers under whom he served, in conformity with the regulations? Yes  
VII. Has he made a relinquishment of every claim to any other pension than the one under the Act of June 7, 1832? yes 
VIII. Has the Court given their opinion? yes  
IX. Has the Clerk given his certificate? yes  
X. Is the Clerk's seal affixed? And if so, has it a device or inscription by which it can be distinguished from any other seal? yes
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2 
XI. Has the applicant obtained the evidence of a clergyman and another respectable citizen as to their belief respecting his age and the general belief in his neighborhood relative to his revolutionary service? No apt clergyman 
XII. If the clergyman's affidavit has not been produced, is there any reason assigned for not obtain it? No 
XIII. If the applicant has no documentary evidence, and has not obtained the testimony of at least one living witness, has he stated in his declaration that such proof cannot be had? - 
XIV. If the applicant's name is not found on the rolls of military service, has he produced a witness or witnesses as to his service? Yes 
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? No 
Has the proper officer certified to the official character and signature of the magistrate as the regulations direct? yes
XV. Does it appear from any of the papers that the witness was in such a situation, or of such an age, as to have a personal knowledge of the applicant's service? yes
XVI. Are the papers authenticated as the regulations direct? yes
XVII. Are the seven interrogatories prescribed by the War Department answered satisfactorily? And, if not, which of them is not so answered? Yes 
EXPLANATORY NOTES. QUERE V. In a case where the applicant cannot, by reason of the loss of memory, state precisely how long he served, he should amend his declaration by making an affidavit in the following words: Personally appeared before me, the undersigned, a Justice of the Peace, &c. A. B. who, being duly sworn, deposeth and saith, that, by reason of old age, and the consequent loss of memory, he cannot swear positively as to the precise length of his service, but according to the best of his recollection he served not less than the periods mentioned below, and in the following grades: For- --- year -- and days, I served as a ; and for such service I claim a pension.
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3 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 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 objection able. It must in every case be clearly shewn 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. 
QUERE X1V. Proof of service.
In 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 the date the . the claimants entering the service, and the time and manner of his leaving the same, as well as the which be belonged. The magistrate who may administer the oaths regiment, to the credibility of the witnesses and the official character and signature of the magis- Tateth to rectified by the proper officer, under his seal of office. 
QUERE XVI. Mode of authenticating awritten  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.
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M Tiernan 
Sept 18 1835 
Darius Ely
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Agents Office Merch & Manus Bank 
Pittsburgh 18 Sept 1835 

Sir, In reply to yours of the 14th will have to state that Darius Ely was paid in this Office up to the 4th March 1835. I shall regulate my books according to your instructions 
I am very respectfully Most Obedient Servant
M. Simon Shea
ag't for David L Brown Port Clk 

J.L. Edwards Esq. Commissioned of Pen Washington
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Darius Ely
Ohio 
to 
mass'ts
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Application for a Transfer 

State of Massachusetts Hampden County SS
On this  Seventh day of September 1835. before me, the subscriber, a Justice of the Peace for the said County personally appeared Darius Ely who, on his Oath declared that he is the same person who formerly belonged to the company commanded by Captain Luke Day in the Regiment commanded by Col. Brooks in the service of the United States, that his name was placed on the pension Roll of the State of Ohio from whence he has lately removed, that he now resides in the State of Massachusetts where he intends to remain, and wishes his pension to be there in and for from & after the 4th of 100 payable now & after the 4th day of March 1825. the following are his reasons for removing from the State of Ohio to West Springfield in the State of Massachusetts Viz. I was born and brought up in said town of West Springfield and have connexions there with whom I wish to spend the residue of my days, being aged and in feeble health 
Darius Ely

Sworn and Subscribed to before me the day and year aforesaid , 
George Colton Justice of the Peace
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State of Massachusetts Hampden County Ss. 
On this Seventh day of September 1835. before the Subscriber a Justice of the Peace for the said County of Hampden personally appeared Eli Ball of Springfield in said County aged Seventy one years who, by his oath, declares that he has been well acquainted for forty years past with Darius Ely who has subscribed and sworn to the foregoing affidavit and that said Darius Ely is the identical person described in said foregoing affidavit- 
Ely Ball 

Sworn and subscribed to before me the day and year aforesaid. and I hereby certify that the above named Eli Ball is a person of veracity and a very respectable man 
George Colton Justice of the Peace 

Commonwealth of Massachusetts Hampden ss 
I John Ingersoll a Clerk of the Common Pleas Court being a Court of Record in the County of Hampden do certify that George Colton Esq before whom the within affidavit was executed is a Justice of the Peace for the County of Hampden and that his name thereto subscribed as also to the above certificate are his true & proper signatures 

- In testimony whereof I have hereunto set my hand & affixed the seal of the said Common Pleas Court at Springfield on this Eighth day of September in the year of our Lord one thousand Eight hundred & thirty five 
John Ingersoll Clerk
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Springfield Mass Sept 8 1835
J.L Edwards Esq
Com. of Pensions

Sir
Mr Darius Ely now of West Springfield a Revolutionary pensioner wishes to be transfer'd from the Ohio Agency to that of Massachusetts to take effect from and after the 4th day of March 1835, he cannot as he is now situated draw his pension in this without much extra trouble and expense 
With much respect 
Your friend Geo. Colton
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Ravenna Ohio June 29th 1823
Sir
I return the pension application of Darius Ely amended as required. 

Sir my Respectfully your Obt. Servt
John Whittlesy

Hon J L Edwards Washington City
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[sideways on left]Act of 1855 Sent Allamy

[center]
Ravenna March 20th 1854
Commissioner of Pensions 

Sir according to act passed at the last session of Congress I am entitled to a land warrant the Cittaner of 160 acres of land you will find on examining the records that on the 26th of April 1834 a warrant for 40 acres was granted me you will be so good as the same in the ballance 

If there should be any thing wanting in order to obtain it please inform me which 
yours Ashley of Ravenna Portage Co

Ps I  recd a fine from LeBusier last fall stating that my Father was entitled to a large amount of pension then what he drew and in case of his death the widow or heirs were entitled to it.  if parents were said he wanted to know when they died. Mother died in 1838 and Father in [illegible]. this is for services in the Revolutionary war he wanted the Pensioner or his widow or a child of same to sign the inclosed printed form and return the paper and there was no inclosed form. you please to look to it and inform me of the Justices 
my Fathers name Darius Ely 
From Ashley Ely
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[sideways]
No ward Mar 19 Jno Evans
[postmark: RAVENNA MAR 13 O]
Hon J.L. Edwards Commissioner of Pensions Washington City DC
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Application for a Transfer 
The State of Ohio Portage County 

On this Twelvth day of March 1838 before me the Subscriber  a Justice of the Peace for the said County of Portage personally appeared Darius Ely who on his oath declares that he is the same person who formerly belonged to the company commanded by Captain Luke Drury. in the Regiment commanded by Col Brooks in the service of the United States that his name was placed on the pension Roll of the State of Ohio that he has had his name transfered to Massachusetts. That he now resides in Ravenna  Portage County Ohio where he intends to remain and wishes his pension to be payable in  future in Pittsburgh State of Pennsylvania that his persons for removing from Massachusetts To Ohio is in order to spend the remainder of his days with his children who are settled here 
Darius Ely

Sworn and Subscribed to before me the day and year aforesaid  
Asahel Tyler JP. 

Portage County SS on this Twelvth day of March 1838 before me the subscribed Justice of the Peace for the said County of Portage personally appeared G. Sherman Hough who on his oath declares that he is well acquainted with Darius Ely the within above named person and knows him to be the same described in the above named affidavit 

Sworn and subscribed before me the day and year last above mentioned. 
Asahel Tyler JP. 
And I also certify that the above named G Sherman Hough is a person of truth and veracity 
Asahel Tyler JP.
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The State of Ohio Portage County SS

Be it Known that before Mr Asahel Tyler a Justice of the Peace in and for said County personally appeared Darius Ely and made oath in due form of law that he drew his last pension in Springfield Massachusetts which was up to September 1837, and as he is now residing in Ohio, and that he wishes his pension paid  4 Sept 1837 to 4 March 1838 to be paid him at Pittsburgh State of Pennsylvania.
Darius Ely

Sworn and before me this 12th March 1838 
Asahel Tyle J. P. 

The State of Ohio Portage County ss 
I Horacely Beebe Deputy Clerk of the Court of Common Pleas for said County certify that Asahel Tyler Esqr. is a magistrate as above, and that the foregoing signatures purporting to be his are genuine 

In Testimony whereof, I have hereunto subscribed my name and affixed the seal of said Court this twelfth day of March A.D. 1838- 
Horace Beebe Deputy Clerk of the Court of Common Pleas Portage Co. O.
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Ravenna March 12 1838 
Hon J. L. Edwards Commissioner of Pensions 

Sir
Enclosed is an application for a Transfer. The last he drew was in Massachusetts which was up to 4 Sept 1837 and he has since that time removed to this place and it would be a great convenience and save the old Gentleman a good deal of expense if he could receive his March pension at Pittsburgh. By your early attention to this you will much oblige the old Gentleman 
Most Respectfully Sir 
Yours &c
G Sherman Houghs