Revolutionary War Pension and Bounty Land Warrant Application File S. 43,478, William Delzell, Penn,
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[notecard]
[upper left]
SERVICE
Penn.
[center]
Delzell, William
[upper right]
NUMBER
S.43.478
Page 2

[left-hand side of page]

Decd. See letter to J. Riley
Sept. 1837
1888
July 19 S F Cary - history (Letter    Prior

[right-hand side of page]

[crossed out words in left-hand margin]

20.349
rep dead in 1837
Ohio
----------------------------------
William Delzell
of Hamilton Co in the State of Ohio
who was a private in the company commanded
by Colonel McGaw in the Pennsylvania
line, for the term of three years
from------1775 to --------17
----------------------------------
Inscribed on the Roll of Ohio  ---
at the rate of eight Dollars per month, to
commence on the 1st day of January 1831
----------------------------------
Certificate of Pension issued the 12 day of 
August 1831--and sent to J. F. Conover
Esq.   Cincinnati, Ohio
----------------------------------
Arrears to 4th of March 1831      $17.03
Semi-anl. all'ce ending 4 Sep: " [1831]  48.--
$65.03 [double underlined]

{Revolutionary Claim,}
{ Acts March 18, 1818, [crossed out]
{ and May 1, 1820 [crossed out]
2 March, 1831

Rec:  Book D.
Vol: 10. Page: 32,
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Delzell
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State of Ohio, County of Hamilton, Ss
On this twenty seventh day of February 1828 personally appeared in open court being a court of record (expressly made so by the laws of this state) for the county aforesaid William Delzelle aged seventy three years, resident in said county, who being first duly sworn according to law doth on his oath make the following declarations in order to obtain the provision made by the acts of Congress of the 18th March 1818, and 1st of May 1820, that he the said William Delzelle enlisted for the term of three years, some time in the month of August in the year 1775 in Bucks county, in the State of Pennsylvania in the company commanded by Capt. Francis Murray or Murry in the Regiment commanded by Colonel Attle in the line of the State of Pennsylvanis, on the continental Establishment, that he continued to serve in the company and regiment aforesaid, until the Battle of Long Island, some time in the summer of 1776 in which action the company and regiment aforesaid was dreadfully cut to pieces; from the battle grounds, this deponent with two officers, and fourteen privates all that remained of his company, effected their retreat, and afterwards joined or was attached to the company commanded by Capt. Beatty in the regiment commanded by Col. McGaw, in the Pennsylvania line on Continental Establishment in which regiment & Company he continued to serve until the capture of fort Washington late in the autumn of 1776 at which place he was taken prisoner by the enemy, and carried to New York where he was detained a prisoner until some time in February following where he was released on his parole not to bear arms again, during the contest, The exchange of prisoners took place at Cranberry in the State of N. Jersey that he hereby relinquished every claim whatever to a pension, except the present, and that his name is not on the roll of any state
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and he so early as the year 1818 made application for a pension, but did not succeed in obtaining it for want of proof of his service.

And in pursuance of the act of the 1st of May 1820, I do solemnly swear that I was a resident citizen of the United States on the 18th day of March 1818, and that I have not since that time by gift, sale or in any manner, disposed of any property or any part thereof with intent thereby so to diminish it as to bring myself within the provisions of an act of Congress entitled "an act to provide for certain persons engaged in the land and Naval service of the United States in the revolutionary war passed on the 18th day of 1818. And that I have not nor has any persons in trust for me any property or securities, contracts or debts, due to me, nor have I any income whatever nor real nor personal, Estate whatever save my wearing apparel, that I am a weaver by occupation, but that in consequence of old age, and more particularly of rheumatism with which I am greatly afflicted, I am unable to follow it for a livelihood. I have no wife living but nine children who are grown up and are capable of supporting themselves.

I solemnly declare that in consequence of my poverty, old age and bodily afflictions that I stand in need of the assistance of my country, for support, and further I declare not.

Sworn to & Subscribed before me}
in open court this 27th Feb 1828  }
[signed] Wm Delzelle
[signed] Danl Gano Clk

The State of Ohio}
Hamilton County } ss

I Daniel Gano Clerk of the Court of Common Pleas for said County do hereby certify that it appears to the satisfaction of the court that the said William Delzelle did serve in the Revolutionary war as stated in the preceding declaration, against the common enemy for
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the term of nine months under one engagement, on the continental establishment. I also certify that the foregoing oath, and the Schedule thereto annexed, are truly copied from the records of the said court; and I do further certify, that it is the opinion of the said court that the said Delzelle has no other property than what is contained in the schedule aforesaid.

In testimony whereof I have hereunto
set my hand and affixed the seal
of said court at Cincinnati
this 3rd of July 1828

[signed] Danl Gano Clk
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[stamp] CINCINNATI. O AUG 26
Free
(Business of the Defalment)
The Hon. Levi Woodbury
Secretary of the Treasury
Washington City District of Columbia

S615
Tresy. Dept
August 30, 1887
Respectfully referred to the Secretary of War
Aug 31 1887
Pension Office
referred
J. R. P.
[illegible] Ohio [illegible]
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Cincinnati, August 25th 1887
My Dear Sir Enclosed I send you the Original certificate of William Delzel deceased who died as the proof set forth in the certificate from the Court in our County has certified. These papers I presented at the Commercial Agency in this City for payment but was refused it unless all the heirs were present to give receipts. This is impossible as one of the Heirs is living in the State of Illinois. This is the first time I knew that a person cannot give a receipt for his share of a debt due to him and others. And I am told by the Franklin Bank the other agency here that they pay in such case to any one of the heirs who produces like proofs. This is an extremely [illegible] case as a man by the name of Speaker took care of Delzel for a number of years before his death to keep him off the Township when his own children refused him all sustenance and now part of those children refuse to give a receipt for their part of the money although they say it is just that Speaker should get the money for keep
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[keep]ing their father. And under the Construction of the Agency where the money must be drawn we can get nothing for supporting this old man although we have the Certificate for a pledge in the case and there is better than forty dollars due on the certificate at the time of Delzels death. I want to know if there is no way that Speaker could from the department draw this money on his own account and if not if the agency here will not be compelled to pay it over so far as the Children give receipts for their shares without all the heirs being present or without their all drawing at the same time
[signed] James Riley
Hon Levi Woodbury Sec Treasury } for DC
Please hand this to the proper officer and let him return the papers with the proper answers &c so that we may know what to do in the case
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[A preprinted form with handwritten information added and inapplicable language stricken]

A.

State of Ohio        }
Hamilton County, }  ss.
City of Cincinnati

Be it known, that before me, E. Hotchkiss, Mayor of Cincinnati in the county aforesaid, personally appeared William Delzell and made oath, in due form of law, that he is the identical Wm. Delzell named in an act of Congress passed on the 2d March 1831. 

that he is entitled to a pension of (*) eight dollars per month, on account of wounds and disabilities received, or of services rendered to the United States, during the Revolutionary War; that he served in Captain John Beatty’s company of New Jersey in the fifth regiment; that he now resides in Hamilton County and has resided there for the space of eighteen years past; and that, previous thereto, he resided in Burlington County of New Jersey

Sworn and subscribed this eleventh day of August 1831 before me [illegible language written in] 

E Hotchkiss         William Delzell

Note. The above deposition must be signed by the deponent.
* This blank must be filled with the amount to which the Pensioner is [illegible] entitled, [remainder of sentence crossed out].

[A stylized hand points to the following] The oath may be administered by any officer properly qualified to take affidavits.  [Added to form]  The official character and signature of the magistrate must be certified by the proper officer, under his seal of office.
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[A file jacket]

43   478
Revy INVALID
File No.  43,478
William Delzell
Pvt Rev War 

Special Act: Mch 2, 1831 [a different date crossed out]

Index: --Vol. 3, Page 125

[Arrangement of 1870.]
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       Weaver   }
Wm Delzell   }

did not live in Cincinnati probls in 1831
Feby 1828 of Hamilton Co Ohio aged 73 yrs

Enlisted for 3 year in Bucks Co Pena in 1775 with Capt. Murray & Col Atlee & was in the battle of L I (Aug 27. 1776) in when Co & regt were dreadfully cut up & with 2 officers & 14 privates all that remained of his Co effected their retreat & afterward; attached to Ohio Co of Capt Beatty & Regt Col Magraw & he was captured at Fort Washington (Nov 16. 1776) & taken prisoner to NY city & detained until Feby 1777 when released on parole

No wife living in 1828          Resided in Hamilton for 18 years prior to 1831 & previous thereto in Burlington Co N J             In 1837 he is reported dead    Lived 18 to 20 miles from Cincinnati
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[Breaks added for clarity of transcription]

The State of Ohio       }
Hamilton County        }  Ss

Be it known, that before me, E. Hotchkiss, Mayor of the City of Cincinnati, personally appeared William Delzell and made oath in due form of law, that he is the identical William Delzell named in an act of Congress papers at the last session, and that he is entitled to the pension therein specified, in consideration of the services rendered by him to the United States during the Revolutionary War.  

This deponent further saith that he now resides in the county and state aforesaid, and that he hereby authorizes James F. Conover to receive whatever money may be due him in this behalf.

Sworn and subscribed this thirtieth day of June A. D. Eighteen hundred and thirty one, in witness whereof I have hereto set my hand & affixed the seal of Ci City ---

William Delzell
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[This page is written on the back of another and the writing on the other page, along with folds in the paper, makes it difficult to transcribe this page; ellipses indicate illegible words or sections]

I do hereby certify that I believe William Delzelle who has sworn to and subscribed the affidavit on the other page of this paper on the 30th of June 1801, to be the identical [illegible] of that name, who has resided for many years last past [illegible] Ohio, and had [illegible] an app[illegible] for [illegible], on account of service [illegible] to the U. States during the Revolutionary War, and [illegible] further certify that I believe he is the identical person of that name mentioned in an act of Congress passed on the 2nd of March 1831 and the person of that name for whose Comfort the [illegible] therein.  [Crossed out and illegible words] granted was and is believed.  

Given under my hand at CincinnatiThis 5th day of August 1831---

Samuel F. Hunt

The State of Ohio       }
City of Cincinatti        }  Ss

[Illegible] of Samuel F. Hunt [illegible] office [illegible] in [illegible] whereof I have [illegible] my hand  affixed the seal of [illegible] city this 5th day of August 1831.

E Hotchkiss Mayor
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Cincinnati 5th August 1821

Dr Sir

Congress passed a law last winter in [illegible] of [illegible], a revolutionary Soldier to the effect from the fourth of this year. 

He is a weak helpless old man, and resides fifteen miles or more in the country.  He has been a client of mine for many years, [a line crossed out; then an illegible word] will confer a favour on me & [illegible] to
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to the affairs of the [illegible] to pay him.  [Illegible words] have any debts about him being the proper man, if you will [illegible] the [illegible] to [a name crossed out] examine the laws [?] of the House of Representatives you will find that his [illegible] is on Third[illegible] in 28, 29, & 30 the [illegible] him out in 30. Once possessed [illegible] House in 27.  You can [illegible] a part of the papers with the Clerks of the courts or House.  

From [illegible] you an the [illegible] of a man that that can old Wm Delzell is the same man that [illegible] this Law to tbe passed [illegible] the
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Pension.

Your attention [illegible] confer a favour on your friend

J L Edwards Esq     James Findley
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725

L. Edwards Esqr.
Pension Office
Washington City
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Cincinnati Augt 12th 1831

Dr Sir

Old Mr Delzell unexpectedly came to town yesterday in the hope of receiving the money for his pension.  I am therefore enabled to forward to you a declaration in the precise form you require.

Very Respectfully
Your Obt. Servt.

James F. Conover
[a handwritten doodle]

J. L. Edwards Esqr.
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An act for the relief of William Delzell of Ohio

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled.
That the Secretary of War be, and he is hereby, authorized and required to place the name of William Delzell, on the list of Revolutionary pensioners and to pay him at the rate of eight dollars, per month, to commence on the first day of January, eighteen hundred and thirty one. - 
A. Stevenson Speaker of the House of Representatives
S. Smith President of the Senate Protempore

Aprroved 2d March 1851
Andrew Jackson

a true copy, compared with the Roll in this office,
Dept of State, Washington, 12 July 1831, Daniel Brent, C.C.
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Cincinnati August 5th 1831
J.L. Edwards Esqr.
     Sir
          Your favour of the 13th July is recd. and contents noticed.
     I herewith again forward to you the deposition of Wm. Delzell, with further evidence of his identity, on the back of said deposition, Mr. Hunt who makes the additional deposition, is the Chancellor for this district, and I beleive[sic] is otherwise known to your department as a highly respectable lawyer. The Mayor has also affixed a new seal, and a new impression to the old one. A card, with references relative to myself, is also enclosed. All this is done in conformity with your desires.
     Mr. Delzell is very old and infirm and cannot travel without exceeding difficulty- He resides 18 or 20 miles in the interior of this county, and there is no way of getting another satisfactory deposition from him without sending a special messenger, which would cost a good portion of the amount of the pension. It is besides deemed unnecessary, as the paper [inserted above] enclosed is beleived[sic] to be amply ?suffic[sic]  ?It answers the requisites of the law.
     Your department Seems to have mistaken the purpose of this application. It is impossible to concieve[sic] what your department has to do with the [underlined word] time Delzell served in the army, the [underlined word] regiment he belonged to, or the [underlined] Captain he
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served under. This is not an application for a pension under the Act of 1828, or any other general act. It is an application for the money [underlined to end of sentence] ordered to be paid Wm. Delzell by a special Act of Congress. Congress may have been disposed to make the old man a [underlined] donation, for aught the War Department know. At any rate the power of your Department to enquire[sic] into the Services of Delzell, [underlined 3 words] in this case is utterly denied. It is respectfully conceived, that all your department has a right to require, is to be satisfied of Delzell’s [underlined] identity.
     I have conversed with Judge Burnet & General. Findlay upon Delzell’s claim, who concur with my sentiments as to the effect of the Law. Judge B. is our late Senator, and General. F. our present congressional representative. They both assured me they would write to the Department on the subject. Judge B. shewed[sic] me the reply of the Department to his letter to Mr. Hayward.
    if the department do not desire to pay the money over to me at once, agreeably to Delzell’s power of Attorney, and wish further evidence, let the money be placed in the Branch of the U.S. Bank in this city, where the man in propria persona can be brought to claim his just dues, and incontrovertibly establish his identity.
     I am a little surprised that my name is not known to your Department. I had supposed that General. Jackson and his Administration would not so soon for=
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get the latest editor of the Cincinnati American-
     Very Respectfully
           Your Obt. Servt.
                   James F. Conover
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[A crossed out word]  75
L. Edwards
Pension Office
War Department
Washington City.
D. C.

pen: act March 2. 1831
8$ per mo: from 1 Jan. 1831
revo.  Ohio
---
J. F. Conover Esqr
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War Department
Pension Office, 
January 22d 1828.

Sir, ,
I herewith enclose to you a copy of a letter to Samuel F. Flint, Esq in the eave of William Delzell, dated 26th June 1827 from which you will perceive the state of his case at the time the letter was written. It appears from it that no declaration has been exhibited by Delzell, since 1820, which was returned for further evidence, and that since that tine no further application had been made by him for a pension. I have to state that on an examination of the records and files of this office, it appears that a non declaration has not yet been exhibited. Should Delzell wish to renew his application, I enclose to you a blank form, with notes thereto attached for his guidance. Particular attention sholud be paid to the note (g). The affidavit of lawrence Byron is herewith returned. He is not sufficiently particular in stating the time of the claimants entering the service, and the time at which he was taken prisoner
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which it is important that he should do. The testimony of another witness is also required as to the service of the claimant, who cannot state, in addition to the time of the claimants entering and the time and manner of his leaving the service, the regiment, conpany and line of the army to which he belonged. The magistrate who may administer the oaths to the witnesses, must certify to their credibility; and the official character and signature of the magistrate must be certified by the proper officer under his seal of office.
I have the honor to be very respectfully
Your Obt Servt
J.L. Edwards
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State of Ohio }
City of Cincinnati} Ss
     Before me Isaac G. Burnet Mayor of the City aforesaid personally came John Newhouse of lawful age who being duly sworn according to Law deposeth and saith that he was a soldier in the fifth Regiment of the Pennsylvania Line on Continental Establishment in the revolutionary war, and that he continued in the service for upwards of five years and that during this time he became acquainted with William Delzelle{sic] the identical person of that name who is now before him in person and who he is informed is an applicant for pension for revolutionary services who was a soldier in the year 1776 in Capt. Murray’s company (and he thinks of Col. Atlee’s Regiment) of the Pennsylvania line on Continental Establishment and that to his certain knowledge the said Delzelle served more than nine months in continuance on the continental Establishment serving parts of the years 1776 & 77 and further this—
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deponent saith not. Given under my hand at Cincinnati this 10th day of April 1828.
     John Newhouse

State of Ohio }
City of Cincinnati} Ss
I, Isaac G. Burnet Mayor of the city aforesaid do hereby certify that John Newhouse who has signed the foregoing affidavit personally came before me and was sworn to and subscribed the same. And I do further certify that the said affiant is a credible and I believe a disinterested witness.

     In Testimony whereof I have hereunto
     subscribed my name and affixed 
     the corporate seal of said city on the
     day and year above written
         Isaac G. Burnet. Mayor
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[letterhead]
Congress of the United States
In the House of Representatives

[letter]
Feby 7, 1828
On motion of Mr. Findlay, 
Resolved, That the COMmittee on Military Pensions be instructed to inquire into the expediency of placing on the Pensions roll the name of William Delzell, a soldier of the revolution.
Attest,
[signed] Wm St Clair Clarke, Clerk
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William Delzel
Page 31

The committee of Military pensions to which was referred the resolution relative to the claim of William Dalzel to a pension Report. That the claim is sustained by the testimony of Lawrence Byron who states he was in the service with William Dalzel in the revolutionary war in the year 1776 that the applicant belonged to the 5th Battalion of the Penna. line of Continental troops under Capt. John Baity and Col. McGaw commandant.
The witness further states that William Dalzel was taken prisoner by the British along with himself at Fort Washington in the year 1776.
The time of service and the length of his captivity is not mentioned. The deposition is legally taken accompanied by the certificates of the county officers.
The committee report + bill is his [illegible]
[End of letter page]
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(copy)         War Department
Pension Office
June 26, 1827.

Sir, 

In answer to your letter of the 13th instant, I have to inform you that the original application of Mr. William Delzelle has never been received at this office through the Hon: Mr. Gurley but was presented by the Hon. Thomas R. Rossof the House of Representatives and to him returned on the 5th day of April 1820, for further evidence of service; since which our records exhibit no further information in his case.  For his further government, however, I enclose to you a form which will present to you all the requisites for the presentation of his claim, and to which the strictest attention must be paid.  

I am respectfully &c. 
Signed J. L. Edwards

Samuel F. Hunt Esq
Cincinnati, Ohio
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2d Comp.   }      v
[Illegible]    }

Documents relative to claim of Wm Delzell for a pension

=====================

1831. Jany. 11. referred to the Comee, of Pensions


See letter to J. F. Conover
July 13. 1821

-----
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recd 2d Jany 1838
August 2. 42.
William Delzell
Ohio
Act 18 March 1818
S117


-------
Hon: J. Findlay. H.R
Jan. 21. 1828
Page 35

The State of Ohio Clarmont[sic] County Ss

Personally came before me Philip B Byrn an acting justice of the peace of said County Lawrence Byrn and after being duly Sworn according to Law Deposeth and Saith that he was a Soilder[sic] in the Revolutionary War In the yeare[sic] of one thousand Seven Hundred and Seventy Six and that he this Deponant[sic] Saieth[sic] that he Knew William Delzell in the Said war in the year of 1776 and the said Wm. Delzell Belonged to the fifth Battalion[sic] of the pensylvania[sic] Line of Continental Troops under Captain John Baitty Collonel[sic] Mcgaw[sic] Comandant[sic]— and this Deponant[sic] further Saitth[sic] that the Said Wm Delzell was Taking[sic] prisnor[sic]By the British along with himself at Fort Washington in the yeare[sic] of 1776 and further this Deponant[sic] Saieth[sic] Not
      L Byrn
Sworn to and Subscribed before Me 
In my office this third Day of December
In the yeare[sic] of our Lord 1827
   Philip B Byrn J P
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[Breaks added for clarity of transcription]

The State of Ohio    }
Clermont County     }  ss

[A large illegible seal under the heading and to the left of the first several lines of writing]

I, M. A. Bryan Deputy Clerk for David D. Bryan Clerk of the Court of Common Pleas within and for said County, do certify that Philip B. Bryan Esq: whose name is signed to the within certificate of affidavit of the therein named Lawrence Bryan, and before whom the same appears to have been made, [illegible] is and was at the time of signing his name thereto, an acting Justice of the peace in and for said County duly commissioned an sworn, and that full faith and credit are due & ought to be given to all his official acts as such.

In testimony whereof I have hereunto set my hand and affixed the seal of said court at Batavia the 24 day of December A.D. 1827. 

M. A. Bryan Depy. Clk.

[To the left the words "no change" are written in a circle]

The State of Ohio    }
Hamilton County     }  ss
Ninth Circuit             }

[Ellipses indicate illegible words or phrases]

I George R. Towner ... Judge of the Ninth Circuit of the Court of Common pleas for the state afs.d which circuit is composed of the ... Clermont & ... certify that Davis C. Bryan Esq. is clerk & M. A. Bryan Esq Deputy Clerk of ... is in due form of law.

Given under my hand at Cincinnati this 2 day of January AD. 1828

Geo. R. Towner