Revolutionary War Pension and Bounty Land Warrant Application File S. 23616, John Elder, Penn.
Page 1

(S-1776)

SERVICE
[handwritten] Penn

[handwritten] Elder, John

NUMBER
[handwritten] S. 23616

CONTENTS
Page 2

26.077
Pittsburgh - Agency
---
John Elder
of Beaver Co in the State of Pa.
who was a Prv in the Company commanded
by Captain Abrahams of the Regt. commanded
by Col Watts in the Penna for Militia____
6 Mo 12 Days $21.33
---
Inscribed on the Roll of Pittsburgh Agency
at the rate of 21 Dollars 33 Cents per annum
to commence on the 4th day of March, 1831.
---
Certificate of Pension issued the 1st day of March and Sent to 
1834 James Logan, Beaver,|
---
Arrears to the 4th of Sept 1833 53.33 1/2
Semi-anl. allowance ending 4 Mch '34 10.66 1/2
$64.00
{Revolutionary Claim,}
{Act June 7, 1832.}

Recorded by J.T. Sprague Clerk
Book 6 - Vol. 5 Page 75
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26.758
John Elder
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State of Pennsylvania
Beaver County Ss
On this fifth day of June AD 1833 personally appeared in open Court before Hon John Braden President and Thomas Henry and Joseph Hemphill Esquire Associate Judges of the Court of Common Pleas of the County of Beaver aforesaid, John Elder a resident of North Beaver Township in the County & State aforesaid aged seventy eight years, who being duly sworn according to law doth on his solemn oath make the following declaration in order to obtain the benefit of the Act of Congress passed the seventh day of June AD 1832
That he entered into the service of the United States in the revolutionary war and served as herein stated as a drafted militia man under the following officers of the Pennsylvania Militia by Lieutenant Colonel - Watts Captain Isaac Miller and Lieutenant Stewart, that he was drafted for three months and marched under the said Captain Isaac Miller from the County of Cumberland in the State aforesaid the place of his residence through Lancaster County to the Crooked Billet. That he was in the battle between the Americans and British at the Crooked Billet at which place he remained untill the expiration of the term for which he had been drafted as aforsaid the year and the number of the Regiment in which the above service was performed he does not now recollect
That shortly afterwards in the same year of the above service he volunteered to pursue the Indians who had cut off what was called the Bedford Scout and spent about twelve days whether there was any regular offers or who they were if any he does not recollect - that he was afterwards during the revolutionary war again drafted and served for three months under the Command of Captain Noah Abrahams that they marched to the County of Bedford in the said State of Pennsylvania and were employed
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in guarding the frontiers from the incursions of the Indians during the three months for which he had been drafted.
That he has no discharge or other documentary evidence that he knows no person now living whose testimony he can procure who can testity to his services, and that in consequence of his advanced age and bodily infirmity he cannot relate any more facts on account of the failure of his memory. 
He hereby relinquishes every claim whatever to a pension or annuity except the present and declares that his name is not on the roll of the agency of any state
Interrogatories
1 Where, and in what year were you born?
I was born in the County of Cumberland in the State of Pennsylvania in the year 1755. I have no record of my age.
2 Where were you living when called into service, where have you lived since the revolutionary war, and where do you now live?
I was living in Cumberland County as stated above that I removed from there to the County of Beaver the place of my present residence, that I do not recollect the names of any of the regular officers except a Captain Moore of the nine months men
That I never received any written discharge that I have any recollection of and further that Alexander Alison & John Clarke can testify as to my character for veracity and their belief of my services as a soldier of the revolution

[signed] John Elder x his mark

Sworn and subscribed in open Court the day above written
[signed] James Logan
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He Alexander Alcorn and John Clarke residing in Beaver Couonty in the State of Pennsylvania do hereby certify that we are well acquainted with John Elder who has subscribed and sworn to the foregoing declaration that we believe him to be sworn by eight years of age, that we believe him to have been a soldier of the Revolution & that he is a man of veracity and that his statement is entitled to credit..
[signed] Alexr Alcorn.
[signed] John Clark
Sworn and subscirbed in open Court this fith of June 1833 
[signed] James Logan, Pro

And the said Court do hereby declare their opinino after the invetsigation of the matter 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 Alexander Glenn and John Clarke who have signed the above certificate are residents of Beaver County and are credible persons and that their Statement is entitled to credit

State of Pennsylvania
Beaver County
[seal affixed] 
I James Logan Clerk of the Court of Common Pleas of Beaver County aforsaid do hereby certify that the foregoing contains the original proceedings in the said Court in the matter of the application of John Elder for a pension.
In testimony whereof I have hereunto set my hand and the seal of said officer this fifth day of June 1833
[signed] James Logan Pro

address of applicant
P. Office Mount Jackson Beaver County Pa.
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[Breaks added for clarity of transcription]  

State of Pennsylvania
Beaver County ss

Personally appeared before me [“the subscriber” inserted above] a Justice of the peace in and for Said County John Elder now resident of the County aforesaid and he being being sworn accord to law saith that he was born in Cumberland County State aforesaid and continued to live there until in the year 1778 he thinks the month of May he was drafted to serve a militia tour for the term of three months which he did under command of Lieutenant [“Col” inserted above] Watts in company of Captain Isaac Miller not less than three month which time was brought to his recollection by much conversation [“reputable” lined out] with James Alworth a respectable neighbor who himself knew much of the circumstance tho not immediately along with him. 

Afterwards on a volunteer scout against the Indians who made incursions on the frontier inhabitants of Bedford County in said State this also is particularly known to the above named James Alworth he being personally along not less than twelve days under command of Major James McCalmont

Again drafted for three months to guard the frontiers of Bedford County from incursions of the Indians which time he served and not less ----- 

Afterwards he lived in Cumberland as before until the year 1802 from which he moved to Beaver County State aforesaid and continues to live there yet

That he has no documentary [“account” inserted above] of the above statements and being by reason of many infirmities his memory is so impaired that he cannot recollect particularly the date of his services last mentioned in guarding the frontiers of Bedford County with many other
circumstances relative to whole affair

That he is seventy eight years of age and by reason of infirmities therefrom he is altogether unable to attend at public county court

               his
John [a triangle] Elder
             mark

Sworn and subscribed before me this twentieth day of January 1834

John Nisbet


State of Pennsylvania
Beaver County 

[Illegible] James Wright a Clergyman residing in the County of Beaver aforesaid and James Alworth Residing in the same place hereby certify that we are well acquainted with John Elder who has subscribed and sworn to the above declaration and this supplement that we believe him to be seventy eight years of age that he is reputed and believed in the neighborhood to have been a soldier of the Revolution and that we concur in that opinion 

Sworn and subscribed the day and year aforesaid
John Nisbet                    James Wright
                                       Jas Alworth
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Beaver County Ss State of Pennsylvania

[seal affixed]
I James Lagan Prothonotary of the Court of Common Pleas of Beaver County do hereby certify that James Wright who signed the foregoing deposition is a regular clergyman of the presbyterian church residing in sd county and that James Alsworth is a respectable citizen of the same and that they are credibly persons and worthy of belief and I also certify that John Nisbet Esq before whom the said affidavit was made in an acting Justice of the peace in and for the county of Beaver to all whose official acts full faith and credit is due and of right ought to be given. In testimony whereof I have hereunto set my hand and the seal of said Court this 13th day of February AD 1834
[signed] James Logan Pro
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26.758
John Elder
Penna

Adm 6 Months & 12 days.

James Logan
Beaver
Beaver County Pa.
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WAR DEPARTMENT,
Pension Office.

October 28th 1832 

Sir: 

The evidence in support of your claim, under the act of June 7, 1832, has been examined, and the papers are herewith returned.  The following is a statement of your case in a tabular form.  On comparing these papers with the following rules and the subjoined notes you will readily perceive that objections exist, which must be removed before a pension can be allowed.  The notes and the regulations will show what is necessary to be done.  Those points to which your attention is more particularly directed you will find marked in the margin with a brace, (thus: }).  You will, when you return your papers to this Department, send this printed letter with them; and you will by compling with this request, greatly facilitate the investigation of your claim. 

A Statement, shewing the Service of John Elder, Beaver Co. Pa.

[A table with columns labeled as follows]

Period when the service was rendered.       
     Time not remembered  }
     same year
     afterwards

Duration of Service [with sub-columns for Years. Months. Days.]
     -   3   -
     -   -   12
     -   3   -

Rank of the claimant.  
      Pr.
       "

Name and rank of Field officers under whom he served.
     Lt. Col. Watts

     Capt. Abrahams

Age at present, and place of abode when he entered the service.
     78 years

     Beaver Co. Pa.

Proof by which the declaration is supported.
     Traditionary evidence

I am respectfully, 
Your obedient servant, 

JAMES L. EDWARDS,
Commissioner of Pensions.
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2

REGULATIONS UNDER THE ACT OF JUNE 7, 1832.

The following regulations have been adopted:
This law has been constructed 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, mucicians 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 were 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 } ss.
County of
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 July 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 the names of his officers;) the town or country 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, aud 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 subs ribed the days 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 if appears to them that A. B. 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 if 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 witnesses cannot be found, the applicants 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
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[A printed page of regulations.  Breaks added for clarity of transcription]

3 [Centered, the page #]

alleged service, as they are known at the Department. A very full account of the services of each person 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 he 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 be
fore 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 [rest of line illegible due to crease in page] 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.

-- [Footnotes below; brackets in the original] -- 

  [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 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: [space] For [space] year [space] months, and [space] days, I served as a [space]; 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 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.

  [f] The law makes the relinquishment indispensable.
  [g] The opinion of the Court is always required.
  [k] The Clerk must give his certificate in every case.
  [l] The Clerk must affix his seal, and if it has no device or inscription by which it can be distinguished from any other seal, or if he has not 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.  [Centered]

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. [Centered] 

  [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 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.

[A stylized hand pointing to the following] The notes from [a] to [i] 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.

[Handwritten in the Bottom Margin]

He must state the time at which each period of service was performed, an the names of field officers
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of John Elder a soldier of the REVOLUTIONARY WAR, you will find below the desired information as contained in his [“(or for his widow's)” crossed out] application for pension on file in this Bureau.          823616

[A table with columns labeled as follows]

DATES OF ENLISTMENT OR APPOINTMENT.

May 1778
{[Illegible] 1778
-

LENGTH OF SERVICE.
3 mos.
12 days
3 mos.

RANK.
Scout [in the 2d period of service, others blank]

OFFICERS UNDER WHOM SERVICE WAS RENDERED.

CAPTAIN.                COLONEL.
Isaac Miller             Lieut Col. Watts
                               Major James McCalmont
Noah Abrahams

STATE.
Pa.

[End of Table]

Battles engaged in, Crooked Billet

Residence of soldier at enlistment, Cumberland Co. Pa.

Date of application for pension, June 5, 1833  His claim was allowed

Residence at date of application, North Beaver Tp. Beaver Co. Pa.

Age at date of application, Born 1753 in Cumberland Co. Pa.

Remarks: No data as to family
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I.6816.
I.23616.
W.24117.
Page 15

[stamped] O.W. & N. Div. Files May 16 1907

Carlsbad, New Mex. 
May 11 - 1907-

War Department
Washington D.C. 

Will you please send me what information is available concerning the services of th John Elder who enlisted in the Revolutionary War from Franklin Co. Pennsylvania & who, I believe, was a pensioner.
Pearl Elder Lewis.
Address
Mrs. John W. Lewis
Carlsbad, New Mexico,
Box 158.

[stamped] U.S. Pension Office May 15 1907
Page 16

23616
INVALID.
Revolution
---
23616
John Elder
Pri Rev War
---
Act June 7th 32"
Index-Vol. 2, Page 123
[Arrangement of 1879.]

Mch 3. 189|
Soldier pension
To Mrs C.H.E. Boo|
Marshalltown|
---
May 28, 1907 History to
John W. Lewis, V.L.M