Revolutionary War Pension and Bounty Land Warrant Application File S. 31188, for Thomas Kirk, Maryland
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Service
MD

Name
Kirk, Thomas

Number
S.31188
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Kentucky
Thomas Kirk
of Mason County in the State of Kentucky
who was a private in the company commanded
Captain Marooney of the Regt commanded
by Col Griffith in the Maryland line for 6 months

Inscribed on the Roll of Kentucky
by the rate of 20 Dollars _ Cent per annum,
commence on the 4th day of March, 1831.

Certificate of Pension issued the 16 day of May 1833 and sent to Marshall Key Washington

---
Arrears to the 4th of March 40.00
Semi-anl. allowance ending Sept 10.00
$50.00
{Revolutionary Claim, Act June 7, 1832.}
Recorded by Daniel Boyd Clerk,
Book.    Vol.        Page 16
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State of Kentucky, County of Mason

     On this eighth day of October in the year 1832 personally appeared in open court before the Justices of the County Court of the County aforesaid now sitting Thomas Kirk a resident of the said County and State aged about
seventy three years, who being first duly sworn according to law, doth on his oath make the following declaration in order to obtain the benefit of the act of Congress passed
7th June 1832.  That he entered the service of the United States under the following named officers and served as herein
stated.  He volunteered in a company of Maryland Militia, Commanded by Philip Maroney, of which Elisha Beall was Lieutenant, and William Beatty was Ensign, and the company belonged to a regiment commanded by Col. Charles Griffith and Lieut Col [illegible], that he [illegible] volunteered as
aforesaid in the County of Frederick and State of Maryland where he then resided, [illegible] in the month of June 1776 from whence his company marched to the City of New York
and was in the battle of York Island, and afterward
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in the battle at White plains, that at the expiration of six months from the time he volunteered as aforesaid he was
honorably discharged at the barracks in the City of Philadelphia that he had a discharge in writing signed by Capt Elisha Bell who had assumed the command of the company
in the absence of Capt Marooney, but he has lost his discharge and has no other written evidence of his service
but he can prove them by his brothers Benjamin Kirk and William Kirk. He relinquishes every claim [illegible] to a pension and declares that his name is not on the pension roll of the agency of any State.
Sworn to and subscribed the day & year aforesaid.
                             Thos Kirk [signed]

And thereupon came Benjamin Kirk and William
Kirk into Court and being duly sworn [illegible]
say that the above named Thomas Kirk their brother was in the service of the United States for the period stated in his declaration above and that they have a distinct recollection of his volunteering as stated
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by him and that he was absent in the public service six months, that he is as they have always understood of the age he represents that the witness Benjamin Kirk is about sixty eight years old and the witness William Kirk is about sixty six years old.
      Sworn to and subscribed the day & year aforesaid

                                William Kirk [signed]
                                Ben Kirk [signed]
State of Kentucky
Mason County
                             October Court 1833
   Thomas Kirk produced his declaration with the depositions of William Kirk and Benjamin Kirk attached thereto which were sworn to in open Court. And the Court after the investigation of the matter is of opinion that the said Thomas Kirk was a Revolutionary soldier and served as he states and that the said William Kirk & Benjamin Kirk are credible
persons and their statements are entitled to credit.
Marshall Key Clerk of the Court of Mason County do hereby certify that the foregoing contains the original proceedings of the said Court in the matter of the application of Thomas Kirk for a pension.
  In Testimony whereof, I have hereunto set my
hand and affixed the seal of office of said Court this 14th day of January 1833.
                                             Marshall Key
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Th Kirk
Kentucky
from 1776 private
6 months
$20


Marshall Key, Clk
Mason County, KY
Washington
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(3-1776)
Md   Kirk, Thomas 
Number S 31188
CONTENTS
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-2-
REGULATIONS UNDER THE ACT OF JUNE 7, 1832. 
The following regulations have been adopted: This law has been construed to extend, as well to the line, as to every branch of the Staff of the Army, and to include under the terms "Continental Line," "State troops," "militia," and "volunteers," all persons enlisted, drafted, or who volunteered and who were bound to military service. but not those who were occasionally employed with, the army upon civil contracts, such as Clerks to Commissaries and to Store Keepers, &c. Teamsters, Boatmen, &c. Persons who served on board of Private Armed Vessels are also excluded from the benefits of the law, as well as persons who turned out as patrols, or were engaged in guarding particular places at night, and were not recognized as being in actual military service. Four general classes of cases are embraced in this law: 1. The Regular Troops. 2. The State Troops. Militia, and Volunteers. 3. Persons employed in the Naval service. 4. Indian Spies. As rolls of the regular troops in the Revolutionary War exist in this Department, all persons, claiming the benefit of this law as officers, non-commissioned officers, musicians or privates, will in the first instance, make application by transmitting the following declaration, which will be made before a Court of Record of the County where such applicant resides. And every Court having by law a seal and Clerk is considered a Court of Record. DECLARATION, In order to obtain the benefit of the Act of Congress of the 7th of June, 1832. State, Territory, or District of County of }ss. On this day of personally appeared (a) before A.B. a resident (b) of in the county of and State, Territory or District of aged (c) years, who being first duly sworn, according to law, doth on his oath make the following declaration, in order to obtain the benefit of the provision made by the act of Congress, passed June 7th, 1832. That he enlisted in the Army of the United States in the year (d) , with and served in the (e) regiment of the line, under the following named officers: [Here set forth the names and rank of the Field and Company Officers; the time he left the service; (and if he served under more than one term of enlistment, he must specify the particular period, and rank and names of his officers;) the town or county and State in which he resided when he entered the service; the battles, if any, in which he was engaged, and the country through which he marched. This form is to be varied so as to apply to the cases of officers and persons who belonged to the militia, volunteers, navy, &c.] He hereby relinquishes every claim (f) whatever to a pension or an annuity, except the present, and he declares that his name is not on the Pension Roll of any Agency in any State, or (if any) only on that of the Agency in the State of Sworn to and subscribed the day and year aforesaid. A. B. [And then will follow the certificate of the Court.] And the said Court do hereby declare their opinion (g) that the above named applicant was a revolutionary soldier, and served as he states. I of the Court of do hereby certify (h) that the foregoing contains the original proceedings of the said Court in the matter of the application of for a pension. In testimony whereof I have hereunto set my hand and seal of office (i) this day of &c. If, on examination of the proper record the names of applicants, making such declaration, cannot be found, they will produce such proof as the rule given in note (j) points out. Every applicant who claims a pension by virtue of service in the State Troops, Volunteers or Militia, except those who belonged to the New Hampshire Militia and State Troops of Virginia, will make and subscribe a declaration similar to the foregoing, with the following additions, viz: (k) We, A. B., a Clergyman, residing in the and C. D. residing in (the same) hereby certify, that we are well acquainted with , who has subscribed and sworn to the above declaration; that we believe him to be years of age; that he is reputed and believed, in the neighborhood where he resides, to have been a soldier of the Revolution, and that we concur in that opinion. Sworn and subscribed the day and year aforesaid. [And then will follow the certificate of the Court.] And the said Court do hereby declare their opinion, after the investigation of the matter, and after putting the interrogatories prescribed by the War Department, that the above named applicant was a Revolutionary Soldier, and served as he states. And the Court further certifies, that it appears to them that A. B. who has signed the preceding certificate, is a clergyman, resident in the and that C.D., who has also signed the same is a resident in the and is a credible person, and that their statement is entitled to credit. I, Clerk of the Court of do hereby certify that the foregoing contains the original proceedings of the said Court, in the matter of the application of for a pension. In testimony whereof, I have hereunto set my hand and seal of office, this day of &c. Every applicant will produce the best proof in his power. This is the original discharge or commission; but it neither of these can be obtained, the party will so state under oath, and will then procure, if possible, the testimony of at least one credible witness, stating in detail his personal knowledge of the services of the applicant, and such circumstances connected therewith, as may have a tendency to throw light upon the transaction. If such surviving witness cannot be found, the applicant will so state in his declaration (l) and he will also, whether he produce such evidence or not, proceed to relate all the material facts, which can be useful in the investigation of his claim, and in the comparison of his narrative with the events of the period of his alleged service, as they are known at the Department. A very full account of the services of each person
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3 
will be indispensable to a favorable action upon his case. The facts stated will afford one of the principal means of corroborating the declaration of the applicant, if true, or of detecting the imposition, if one be attempted; and unless, therefore. these are amply and clearly set forth, no favorable decision can be expected. All applicants will appear before some Court of Record in the County, in which they reside, and there subscribe and be sworn to, one of the declarations above provided, according to the nature of his case. The Court will propound the following (m) interrogatories to all applicants for a pension, on account of service in the Militia, State troops, or Volunteers, except the Militia of New Hampshire and the State troops of Virginia. 1. Where and in what year were you born? 2. Have you any record of your age, and if so, where is it? 3. Where were you living when called into service; where have you lived since the Revolutionary war, and where do you now live? 4. How were you called into service; were you drafted, did you volunteer, or were you a substitute? And if a substitute, for whom? 5. State the names of some of the Regular Officers, who were with the troops, where you served; such Continental and Militia Regiments as you can recollect, and the general circumstances of your services. 6. To a Soldier. Did you ever receive a discharge from the service, and if so, by whom was it given and what has become of it? To an Officer. Did you ever receive a commission, and if so, by whom was it signed, and what has become of it? 7. State the names of persons to whom you are known in your present neighborhood, and who can testify as to your character for veracity, and their belief of your services as a soldier of the Revolution. The Court will see that the answers to these questions are embodied in the declaration, and they are requested to annex their opinions of the truth of the statement of the applicant. The applicant will further produce in Court, if the same can be done, in the opinion of the Court, without too much expense and inconvenience to him, two respectable persons one of whom should be the nearest clergyman, if one lives in the immediate vicinity of such applicant, who can testify, from their acquaintance with him, that they believe he is of the age he represents, and that he is reputed and believed in the neighborhood to have been a Revolutionary soldier, and that they concur in that opinion. If one of these persons is a Clergyman, the Court will so certify, and they will also certify, to the character and standing of other persons, giving such certificates. The traditionary evidence of service is deemed very important, in the absence of any direct proof, except the declaration of the party. And the Courts are requested to be very particular in the enquiry whether the belief is general, and whether any doubts have ever existed upon the subject. Applicants unable to appear in Court by reason of bodily infirmity, may make the declaration before required, and submit to the examination, before a Judge or Justice of a Court of Record of the proper county, and the Judge or Justice will execute the duties, which the Court is herein requested to perform, and will also certify that the applicant cannot, from bodily infirmity, attend the Court. Whenever any official act is required to be done by a Judge or Justice of a Court of Record, or by a Justice of the peace. the certificate of the Secretary of State or Territory, or of the proper Clerk of the Court or County, under his seal of office, will be annexed, stating that such person is a Judge or Justice of a Court of Record, or a Justice of the Peace, and that the signature annexed is his genuine signature. No payments can be made on account of the services of any person, who may have died before the taking effect of the act of June 7, 1832; and in case of death subsequent thereto, and before the declaration herein required is made, the parties interested will transmit such evidence as they can procure, taken and authenticated before a Court of Record, showing the services of the deceased, the period of his death, the opinion of the neighborhood respecting such services, the title of the claimant, and the opinion of the Court upon the whole matter. [a] The declarant must appear in open Court, unless prevented from doing so by reason of bodily infirmity; in which case the declarant will follow the rule laid down for his guidance. [b] The declarant must make his declaration in the county where he resides. If he should fail to do so, he must assign a sufficient reason for not conforming to the rule. [c] The age of the claimant must invariably be mentioned. [d] The declarant must mention the period or periods of the war when he served. [e] Every continental officer or soldier must give the name of the Colonel under whom he served; otherwise a satisfactory examination of the claim cannot be had. Every claimant must state, with precision, the length of his service, and the different grades in which he served, in language so definite as to enable the Department to determine to what amount of pension he is entitled. In a case where the applicant cannot, by reason of the loss of memory, state precisely how long he served, he should amend his declaration by making an affidavit in the following words: " Personally appeared before me, the undersigned, a Justice of the Peace, &c. A. B. who, being duly sworn, deposeth and saith, that, by reason of old age, and the consequent loss of memory, he cannot swear positively as to the precise length of bis 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 months, and days, I served as a ; For mouths and days, I served as a and for such service I claim a pension." {It is important, in all cases, to determine with precision the period for which each applicant served, and the particular rank he held, as the law directs the pension to be paid according to the grade of the pensioner and the length of his service. The use of the phrase about three or four months, is too indefinite, and all such qualifying expressions are objectionable. Some persons who apply for pensions merely state that they served two years in the militia, &c. without specifying the tours, the names of the officers, and other particulars respecting their service. This form of a declaration is highly objectionable. It must, in every case, be clearly shown under what officers the applicant served; the duration of each term of engagement; the particular place or places where the service was performed; that the applicant served with au embodied corps called into service by competent authority that lie was either in the field or in garrison; and for the time during which the service was performed, he was not employed in any civil pursuit. [f] The law makes the relinquishment indispensable. [g] The opinion of the Court is always required. [h] The Clerk must give his certificate in every case. [i] The Clerk must his seal, and if it has no device or inscription by which it can be distinguished from any other seal, or if he 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. 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 papers authenticated, the certificate must be attached thereto by a piece of tape or narrow ribbon, the ends of which must pass under the seal of office of the certifying officer, so as to prevent any paper from being improperly attached to the certificate. Proof of Service. [j] In a case where the name of the applicant is not found on the records of the Department, he must prove his service by two credible witnesses who are required to set forth in their affidavits the time of the claimant's entering the service, and the time and manner of his leaving the same, as well 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. The notes from [a] to [j] are all equally applicable to the cases of Militia men, Volunteers and State Troops. The proof required by rule in note [j] applies to continental troops only. [k] This traditionary evidence is indispensable in militia cases. [l] If a witness cannot be found, the declarant must state the fact. [m] The answers to the interrogatories must all be written, and sent to the War Department, with the declaration.

W.R. Turner
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January 30, 1940

BA-J/ADY
Thomas Kirk
S.31188

Mrs. Lula R. Boss
480 West Second Street
Maysville, Kentucky

Dear Madam:

The data contained herein were obtained from the papers on file in the Revolutionary war pension claim S.31188 based upon the military service in that war of Thomas Kirk.

The date and place of birth of Thomas Kirk are not given. The names of his parents are not shown in the papers on file in this pension claim.

While a resident of Frederick County, Maryland, Thomas Kirk enlisted in June 1776, served six months as private in Captain Philip Maroney's and Elisha Beall's companies, Colonel Charles Griffith's Maryland Regiment; was in the battles of White Plains and York Island.

He was allowed pension on his application executed October 8, 1832, at which time he was aged about seventy-three years and a resident of Mason County, Kentucky. In 1844 he was called Thomas Kirk, Jr.

His brothers, Benjamin Kirk aged about sixty-eight years and William Kirk, aged about sixty-six years in 1832 were living in Mason County, Kentucky.

It is not shown whether soldier ever married and there are no further family data in this pension claim.

In order to obtain the date of last payment of pension, the name of person paid and possibly the death date of soldier, you should apply to the Comptroller General, General Accounting Office, Records Division, Washington, D.C. and cite the following data: Thomas Kirk, Certificate No 13540, issued May 16, 1833, rate $20.00 per annum, commenced March 4, 1831, Act of June 7, 1832. Kentucky Agency

Very truly yours

A. D. Hiller
Executive Assistant
to the Administrator
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Left Side Page

31188
Revy
INVALID

File NO. 31,188
Thomas Kirk
Pri Rev War

Act: June 7th '32

Index: Vol 2 Page 222

[Arrangement of 1870.]

Right Side Page

1940 Jan 30 - Hist to 
Mrs. Lula R Boss
A.D.Y.
Page 12

Senate March 27, '44
Hon J.S. Morehead
Asks for copy of Tho's Kirk 
declaration for pension

M 378 Rec March 2, '44
Pension Office

Tho Kirk
Kentucky

Hon. J.S. Morehead
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Senate Chamber 
27 March 1844
Sir.
I have received from one of 
My Constituents, a letter informing me that 
“a pension was granted many years since to Thomas 
Kirk or Thomas Kirk Jr, a revolutionary soldier of 
Mason County, Kentucky. [?] his declaration is
on file in the war department, and requesting 
that I would obtain a copy of it.”
I will be obliged to you to enable me 
to comply with the request.
 I have the honor to be &c
J. S. Morehead 

Hon Secretary of War.
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House of Rep. 14th May 1844.

J. L. Edwards 
Com. Of Pensions 

My Dear Sir
You will oblige me
By sending to me at your earliest convenience 
a copy of the Declaration of Mr. 
Kirk referenced to in the letter included 
& at the same time return to me
the letter of Mr Walters[?]
Very respectfully,
John W. Tibbs
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January 20, 1940

OOOOOOOOOOOOOOO

BA-J/ady

Mrs. Lula R. Boss 
480 West Second Street 
Maysville, Kentucky 

Dear Madam: 
Reference is made to your letter relative to Thomas Kirk, a soldier of the Revolutionary War. His record 
is furnished you herewith. The Revolutionary War record 
of John Breeze is also furnished you herewith, as it 
may be of interest to you. 
Very truly yours 

A. D. HILLIER
Executive Assistant 
to the Administrator
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480 N. Second St.
Maysville Ky.

Veterans Administration 
Washington, D.C.  

[stamp: RECEIVED JAN 18 1940 {?}]

Gentlemen -
Will you please send me 
Revolutionary War record, as well as all 
other information in your files of 
Thomas Kirk who served from Frederick 
Co., Maryland, and died in Mason 
Co., Kentucky in 1842. Records here 
which are not very clear, show that 
he may have had wife Mary Ann Kirk.
Yours truly 
(Mrs.) Lula Reed Boss
Jan. 10, 1940