Revolutionary War Pension and Bounty Land Warrant Application File S. 35027, for John Phelan, Massachusetts
Page 1

SERVICE
Mass.

Phelan, John

NUMBER
S, 35027
B.L.Wt.1121-200
B.L.Wt. 2263-200
Page 2

581
Maryland

John Phelan
Captain
Massachusetts Line
In the army of the United States during the Revolutionary War.

 Inscribed on the Roll of Maryland
at the rate of 20 Dollars per month. to commence on the 25th of April 1818

Certificate of Pension issued the 18th day of 
May 1818 and sent to the Pensioner at
Baltimore, Maryland

Arrearages to [illegible]  $86.11
          4 Dec 10 days        $86.11


five years
War
(crossed out word)
Baltimore
Page 3

John Phelan
N 2263.

200 acres issued
July 6, 1839 [illegible]
act
Issued in pursuance of an Act of
Congress approved March 3rd 1839.
Second [illegible] in right of this
officer.  Sec. W.1121 no series
Page 4

See last 2263. 200 acres
late series same office

W. Sur. File No 35027

April 21/93  To [illegible] daughter
fully explaining issue
of [illegible] warrants and
declining further [illegible]
Page 5

John Phelan
Lieutenant & Captain
by Brevith in the war
of the Revolution
Application for
a pension.
Page 6

State of Maryland City of Baltimore, to wit

Best remembered that on the twenty fifth day of April one
thousand eight hundred and eighteen John Phelan aged seventy five
and upwards residing in the city of Baltimore an applicant for
a pension under the 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." personally
appeared before me the undersigned chief judge of Baltimore
city court and then and there did make the following
declaration under Oath by me administered to him;
That he the said John Phelan entered the army of
the Revolutionary War in the year seventeen hundred
and seventy five and was commissioned a Lieutenant
in the thirteenth Massachusetts Regiment in the army of
the United States to take rank as such from the first
day of January seventeen hundred and seventy eight
and continued in the service of the United States until
the end of the war--and that he the said John
Phelan ranked as Captain by Brevet, as will
appear by the commissions here to annexed 
and from his reduced circumstances needs the
assistance of his Country for support.
(signature of John Phelan)
Sworn and subscribed to
before me---
Price, Chief Judge & Balt. City Court
Page 7

State of Maryland
City of Baltimore [illegible]
Hereby certify that it appears to
my entire satisfaction from the documents herewith
annexed that the said John Phelan served in the
War of the Revolution from the year seventeen
hundred and seventy five until the end of the war
against the common enemy and that he is entitled
to a pension as an officer under the late act of Congress.
Given under my hand this twenty fifth day of
April one thousand eight hundred and eighteen.
A Price Chief Judge Balt.
City Court
25" Apl. 1818
Page 8

City of Baltimore [illegible]
I, Thomas Harwood Clerk of Baltimore City Court do
hereby certify that the Honorable Nicholas Brice Esquire
before whom the foregoing proceedings appears to have been
taken and certified and who has thereto subscribed his name
was at the time of taking and certifying the same and still
is Chief Judge of Baltimore City Court duly commissioned
and qualified and to all whose acts as such full faith
and credit are and ought to be given as well in
Courts of Justice as thereout.--
In Testimony I have hereto subscribed
my name and affixed the seal of 
Baltimore City Court this twenty fifth
day of April one thousand eight
hundred and eighteen.----
(signature of Th. Harwood Clk)
Baltimore City Court
Page 9

James L. Edwards Esq.
Chief/Clerk in the Pension Bureau
War Department
Washington City
DC
Page 10

James L. Edwards Esq.                    Baltimore 2d July 1839

Sir
The object of the present is to state to you, that I
am the Nicholas Phelan mentioned in an act of Congress approved the 3 March
1839 I am the Heir at Law of my Uncle John Phelan deceased late of Baltimore
a Lieutenant or Captain in the War of the Revolution.  I have to request the favor of
you to cause to be issued a Warrant in my favor for the two hundred acres of Land
mentioned in said act, the within affidavit of Mr. H. W. Pool, who made the deposition attached to my Petition to Congress proves what I state.
I am Respectfully 
Sir
yr. mt obt servt.  (abbreviations state "your most obedient servant)
Nicholas Phelan

I. H.W. Beal make Oath on the Holy Evangels of Almighty God
that I was well acquainted with John Phelan late of Baltimore
now deceased,--who I understood was an Officer in the Army of
the Revolution is an well acquainted with Nicholas Phelan
who has subscribed the foregoing letter & I have heard the
said John Phelan in his life time say that the said
Nicholas Phelan was his Nephew.
(signature of H. W. Beal)
Sworn to before me this 2d July 1839
[illegible signature]

I, George Law, make oath on the Holy Evangels of Almighty God, that
I was acquainted well John Phelan deceased, & am acquainted with
H.W. Bool & Nicholas Phelan, that I have read the foregoing letter &
affidavit & believe the contents of both are [illegible]
(signature of George Law)
Sworn to before me this
3d July 1839
W. Gill [illegible]
Page 11

STATE of New York
City and County.
of New York Surrogates Office, March 29th 1825 S.s.

I certify, that satisfactory evidence was adduced to me, to prove
that Eliza Spinola is the only child and sole
heir at law in fee to John Phelan late a Lieutenant in the
third Regiment of the Massachusetts line in the
Army of the Revolution.
Given under my hand and Seal of Office, this twenty ninth
day of March 1825
(signature of James Campbell)
Surrogate
Page 12

Eliza Spinola
to
John M. Barringer

Power of Attorney Co
obtain a pension
Page 13

Know all men by these presents: That I
Eliza Spinola of the City of Brooklyn in the
County of Kings & State of New York [illegible] made
Constituted and appointed & by these presents do
make constitute and appoint John H. Barrings
of the City of New York my true & lawful attorney
for me & in my name place and stead to prosecute &
obtain [illegible] Government of the United States the pension
to which John Phelan my father, who was an
officer in the 3rd Regiment of Massachusetts Line in
the War of the Revolution would be entitled if he was
living.  Giving & granting unto my said Attorney
full power & authority to do and perform all &
very act & thing whatsoever requesite and
necessary to be done in and about the premises
as fully to all intents and purposes as I might
or could do if personally present with full power
of Substitution and [illegible].  hereby satisfying &
[illegible] of all that my said Attorney or his substitute,
shall lawfully do or cause to be done
by virtue thereof. But this power of Attorney shall
not authorise the said Barranger or his substitute to 
more than obtain the Certificate showing the [illegible]
to which I am entitled as the [illegible] at Law of the
said John Phelon, hereby expressly reserving to myself
the right  to draw the money in any such certificate.
In witness whereof & have hereunto set
my hand & seal this 29th day of August A.D. 1855.
(signature of Eliza Spinola)
Signed sealed and
delivered in presence of
J.N. Lake
City & County of New York on this thirtieth day of
Page 14

August in the year of our Lord one thousand
eight hundred & fifty five before me personally
came Eliza Spinola to me known to be the 
individual described in & who executed the above
power of Attorney and acknowledged that she executed
the same for the purpose [illegible] mentioned.
[illegible signature]
Com. of Deeds.
Page 15

State of New York
City and County of New York
I, Richard B, Connolly, Clerk of the City and County of New York, DO HERBY CERTIFY that Gus J Thebeaud whose name is subscribed to the certificate of the proof or acknowledgment of the annexed instrument and thereon was, at the time of taking such proof or acknowledgment, a commissioner of Deeds for the said city and county, dwelling in the said city, commissioned and sworn and duly authorized to take the same.  And further, that I am well acquainted withe the handwriting of such Commissioner, and verily believe that the signature to be the said certificate of proof or acknowledgement is genuine.


In Testimony whereof, I have hereunto set my hand, and affixed the Seal of the County, the 30th day of August 1855
Richard B. Connolly
Page 16

Recd. 15 May 1821.  Md.      403.

John Phelan's
Declaration.
No. 581
Page 17

SCHEDULE.
United States of America
State of Maryland, Ss:
ON this fourteenth day of May 1821, personally
appeared in open court, being a court of records, to wit: The regular County
Court in and for the County of Baltimore in
the sixth Judicial District of said State of Maryland,
John Phelan aged seventy years,
resident in the City of Baltimore in said District and State
who being first duly sworn, according to law, doth, on his oath, declare, that he served in the Revolutionary War, as follows:  In the month of August in the year one
thousand seven hundred and seventy five, entered into the service in the 
adjutant generals office under General Gates and continued therein until March
1776 when the army marched for New York in July following received an Ensigns
commission in Col. Wigglesworths Regt. of State troops of Massachusetts, and in the
month of January 1777 was Commissioned a Second Lieut. in same Regt. then
in the service of the U.S. on the Continental establishment in the Massachusetts Line,
and continued in said Line, but transferred to different Regt. until December 1783 when he was discharged from the consolidated Regt. commanded by Col. M. Jackson
and by Brevit, recd. a Captain's Comm. now in the department of War bearing
date on or about 30 September 1783, reference thereto will more fully appear.
That on or about the 25th April 1818 he made his original declaration
before the Hon. Nicholas Brice, Chief Judge of Balt, City Court and was placed on
the Revolutionary Pension List of the Maryland Agency at the rate of $20. per
month  as will appear by Certificate bearing date 18th April 1818 and W. 581.
and I do solemnly swear, that I was a resident citizen of the United States on the 18th
March, 1818; and that I have not, since that time, by gift, sale, or in any manner, 
disposed of my 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 March, 1818; and that I have not, no has
any person in trust for me, any property, or securities, contracts, or debts, [smudged]
nor have I any income other than what is contained in the Schedule hereto [smudged]
by me subscribed.
Page 18

Schedule of property referred to within.  Viz;

One stove worth about $8.00 Two small mahogany tables $8.00   ............... $11.00
Twelve common chairs $10.00,  one old bureau  $8.00--------------..............$18.00
Some cooking utensils $3.00,   some Queens & other cookery $3.  ...............$6.00
One common cupboard  $3.00  some school desks, seat & bench $10.........$13.00
Some few school debts, not considered of any value-------------------------------
Also a claim on the United States for my bounty Land,-----------------------$53.00
due me for Military services, agreeably to documents lodged
in the War office the latter part of December 1801, agreeably                           "
to a Resolution of Congress [words crossed out.......................] ---------------per annum
willing to relinquish provided he is again put on the Pension lid.
That he hath no trade or profession, therefore was under the
necessity for several years past, of keeping a common
school, which does not at present furnish the means of
support and being far advanced in age and greatly
afflicted with a Rupture occasioned by sever cold & hardships
while in the service he is unable to support himself except
by the pension allowed him, unless it were by resorting
to public or private charity.
(signature of John Phelan)
N.B. Declareth he hath no family.

SWORN to and declared on the fourteenth day of May 1821.
BEFORE Wm. H. Ward  associate Judge of the
6th Judicial District of Maryland.
I, William Gibson  Clerk of Baltimore County  Court
do hereby certify, that the foregoing Oath, and the Schedule thereto annexed, are truly
copied from the record of said court; and I do further certify, that it is the opinion of the
said court, that the total amount in value of the property exhibited in the aforesaid
Schedule is fifty three dollars and .....................cents.
In Testimony Whereof, I have hereunto set my hand, and affixed
the Seal of the said court, on this fourteenth day of
May 1821
(signature of Wm. Gibson)
Clerk of the court for the County of
Baltimore
Page 19

35 027
Revy INVALID.

File No.  35,027
John Phelan
Capt. Rev War

Act; 18 March 18

Index;--Vo;. S,  Page 322
Page 20

A second warrant
was issued in this
case, as the first
was apparently
obtained by fraud.
Caption is as Mrs.
Wilson said to part it
For

Warrant No 1121-- 
to Eliza Spinott an heir of
Lieut. John Philan for
200 acres of land
April 18th.  1825

and delivered to Wm M Steward
Page 21

The United States of America In Congress Assembled

No. 2
For John Phelan Gent
Greeting.
We, reposing special trust and confidence in your Patriotism, Valour, Conduct, and Fidelity. Do by those presents constitute and  appoint you to be a Lieutenant in the thirteenth Massachusetts Regiment in the Army of the United States to take rank as such from the first day January [illegible]. You are therefor carefully and diligently to discharge the duty of a Lieutenant by doing and performing all manner of things thereunto belonging. And do strictly charge a requite all Officers and Soldiers under your command, to be obedient to your orders, as Lieutenant. And you are to observe and follow such orders and directions, from time to time, as you shall receive from this or a future Congress of the United States, or Committee of Congress for that purpose appointed a Committee of the States or Commander this for the time being of the Army of the United States, or any other your Superior Officer [illegible] to the rules and discipline of War, in persons of the trust reposed in you. This Commission to continue before until until revoked by this, or a future Congress, the Committee of Congress beforementioned, or a Committee of the States.

Witness his Excellency Sam Huntington Esq. President of the Congress of the United States of America, at Philadelphia the 29th day of September 1779, and in the Fourth year or our Independence.

Secretary of the Board of War
Sam W. Huntington President

Entered in the War Office and examined by the Board
Attest.
Page 22

IN PURSUANCE

OF an ACT, of

CONGRESS

Of the Thirtieth Day of  S E P T E M B E R ,
A. D. 1783,

John Phelan Esquire
to Rank as Captain by Brevet,
in the A R M Y  of the  U N I T E D   S T A T E S
of  A M E R I C A.

G I V E N  under my Hand,
at Princeton the Tenth
Day of October 1783.

C B Lincoln  [illegible,,,,,,,]  Record.
Page 23

Mr. Filex.
Chief Old War Dir.
Please see
the accompanying card.
Secty. of War, Mr. El[illegible],
asks that reply be sent
through him at the
War Dept.
Respy,
Brandebery
Page 24

March 21st 1825
claim of Mrs. Spinolla
heir of Lieut John 
Phelan of the Revoly.
War.---


and see letter on file--
No. 1121 [illegible]
18 April 1825
Page 25

In the House of Representatives
of the United States
February 22, 1825

Ordered that the Petition and Documents
of Susan Phelan, presented to this House, on the
[illegible]  instant be referred to the Secretary of War:

Attest.
Mrs. J. Clair Clarke
Clerk Ho. Rep.
Page 26

Hon. George Taylor

John Phelan 

Lt., Mass. Line

Eliza Spinola

Revocation of Power
of Attorney to  John C.
Devereaux and Michael 
Thompson.

No 1121

200 acres

Rev
Page 27

House of Rep.
March 18, 1838.

Sir;
I have been requested
to notify your department of
the enclosed Revocation.  Will
you have the kindness to notice the
same & then return the revocation
to her--It is not sent for the 
purpose of putting it in file.--

Yours Respectfully
(signature of Geo. Taylor)

To
Hon. A. Chiting
Com of Pensions
Page 28

Warrant No. 1121 for 200 acres, issued April 18th
1825, to Eliza Spinolla, daughter and only heir at
law of John Phelan, a Lieut. of the Mass. Line.
War of the revolution.


***Vertical writing***

Hon. George Taylor
John Phelan Lt. Mass. Line
Eliza Spoinola

Revocation of Power
of Attorney to John C.
Devereaux and Michael
Thompson.

No. 1121
200 acres

Rev

Recd. March 1858
Page 29

Jn. H. Barringer
[illegible]  Oct. 2. 1855
John Phelan, Lt. Mass. Line

1121--200

Rev

***Verticle writing***

Land warrant No. 1121 for 200 acres passed April
18, 1825 to John Phelan, who was a Lieut, of Mass. Line.
Heir Eliza Spinola
daughter & only heir [illegible]
Hon. C.C. [illegible]
Page 30


***DUPLICATE COPY OF PG. 29***
Page 31

New York Sept. 17, 1885
Commissioner of Pensions
Washington
Dr; Sir;
John Phelan was
an officer in the 5th Regiment Massachusetts line
during the War of the Revolution.  His my daughter
Mrs. Eliza Spinola & his only heir at Law with
her husband John [illegible[ Spinola applied
to the Government in 1824 or 1825 through the
Hon C.C. Cambelling then member of Congress
from this City for the land to which Mrs. Spinola
as the only surviving heir of John Phelan was
entitled for his service in the Revolutionary War, &
obtained a Warrant for 200 acres.--
Will you please inform me of the date
of that Warrant, & whether papers are on file
in which the Warrant was granted as they
contain the file file evidence of the services of John
Phelan as an officer with 3rd Regiment of
Massachusetts line in the Revolutionary War.
These [illegible] are [illegible] preparatory to
the application on the part of Mrs. Spinola
whose husband is dead for a pension in eight
Page 32

of her father.
I enclose for your inspectine a power of 
attorney from Mrs. Spinola authorising [illegible]
for her.
I have the honor to be
Respectfully your oved. sevt.
(signature of John H Barringer)

P.S. Please address your answer to the
care of Capron & Lake
 Nassau Street
New York City.
Page 33

Rep. No. 142.
Ho. of Reps.
25th Congress, 2d Session.

Nicholas Phelan - Heir of John Phelan, Dec'd
(To accompany bill H. R. No. 1011.)

January 9, 1839

Mr. Harlan, from the Committee on Private Land Claims, made the following

REPORT:
The Committee on Private Land Claims, to which was referred the petition of Nicholas Phelan, or Maryland, report:
The petitioner represents that he is the nephew and only heir at law of John Phelan, late of Baltimore; that said John died about the 14th of September, 1827, and that letters of administration on his estate were duly granted to the petitioner; that said John Phelan had been a lieutenant in the war of the Revolution, and entitled to receive bounty land for his services; that the petitioner had applied at the proper office for a warrant, but it had been refused to him upon the group that, in the year 1825, a female calling herself Eliza Spinella, and representing herself to be the daughter of John Phelan, did, through the agency of a member of Congress from New York, apply at the land office in this city, and obtain a warrant for the land to which be (Phelan) was entitled. The petitioner prays that a law may be passed, by which he can  obtain scrip or a warrant for the bounty land to which the said John Phelan was entitled.
BY a certificate from the first clerk in the bounty-land office, it appears that land warrant No. 1121, for two hundred acres, was issued, the 18th of April, 1825, to Eliza Spinella, as the daughter and only heir at law of John Phelan, a lieutenant in the Massachusetts line; that the evidence of heirship, on file in that office, consists of the certificate of the surrogate of the city and county of New York, and the deposition of Susan Phelan, widow of said John Phelan.
It is satisfactorily proved, by the depositions of three witnesses, residents of Baltimore, that the John Phelan, uncle of the petitioner, died the 14th day of September, 1827, and that he had never been married. By the certificate of the Third Auditor of the Treasury, it also appears that John Phelan was on the pension-roll; and that the arrears of his pension, to the 14th September, 1827, were paid to the petitioner, as his administrator.
From the foregoing statement of facts, which are shown by the papers submitted to the committee, it is evident that the land warrant which was issued in the year 1825 was, either in satisfaction for the services of a man of the same name, or that the papers upon which it was issued were fraudulent. But whether the one or the other, the petitioner, in the opinion of the committee, is entitled to relief. A bill is therefore accordingly reported.

Thomas Allen, print.
Page 34

Eliza Spinola
the heir of Lieut
Jn. Phelan of the
Mass. line
Wt. issued No 1121
Page 35

Duplicate of page 34
Page 36

Honble
James Rarbour
Secy. at War
Washington 
D.C.
Page 37

New York 14 April 1825

Sir,
It is Mrs. Spinola's wish that the
warrant for the land referred to in
Mr.  Stewarts letter of the 2nd inst. should
be transmitted to me by mail.
I am
with great respect
[illegible line full of abbreviations]
C.C.Camenley

Honbl.
James [illegible]
Page 38

Department of War
Bounty Land Office
April 15th 1825

The Honorable
Wm. M. Stewart

Sir,
I have seen the letter that
your honor has been placed to address to the Honbl. C.C.
Camberlling, respecting the Warrant for the bounty land, you
will please to find it to said Gentleman, and if it is in your
power to locate the land in some valuable spot I
would be thankful as all our dependance at this time
is this unexpected relief (my Husband being out of business
in consequence of unexpected misfortune, and with a large
family to support.)
I am [illegible] with much respect
your obt. servant
(signature of Eliza Spinolla)
Page 39

Hon. Commissioner
of Pensions.
John Phelan, deceased
late Lieutenant in
Mass. Continental line;
Revolutionary War;
received from the
Government & for Services
Bounty Land Warrant
No. 2263, for 200 acres
was issued July 6, 1839.
To Nicholas Phelan;
who claimed to be the heir at law of John 
Phelan, said Warrant 
was received by the
Page 40

Department of the
Interior from Nicholas
Phelan in a letter
dated April 15th 1841 
postmarked Baltimore
Md., said warrant was
satisfied by the issue
of Revolutionary Bounty
Land [illegible]  Acts of
May 30" 1830 and July 13,
1832, to Nicholas Phelan
April 20, 1841.
John Phelan died
in Baltimore Md.
in September 1827 age
80 years.  At this time
John Phelan's daughter
and only child was
living in New York City
with her husband
and children,
John Phelan's Bounty
Land Warrant must 
have been stolen after 
his death by one
who assumed the name
of Nicholas Phelan, and
represented himself to be
the heir at Law of
Lieutenant John Phelan
deceased, and as the
Government was deceived
by Nicholas Phelan, an
assumed name, I
presume, would the
Government make good
my loss through its
mistake and the deception of one
Page 41

Nicholas Phelan,
who had no right to
anything that he
received from the
Government.  My
mother, Lieutenant
John Phelan's daughter
and all of her children
are dead except myself.
I am the heir at law
and I hope the Government
will issue a new
warrant for me &
right my wrongs.
[illegible] Douglas
131 West 33" St.
New York
N.Y.
Page 42

New York Jan. 13th
U.S. Pension Office
John Phelan
deceased, who
was a Lieutenant
in the Massachusetts
line War of the
Revolution received
from the
Government  for
services. U.S. Military
Bounty Land Warrant
Page 43

No. 2263, for 200
acres,  will you
kindly inform
me if the 200 acres
were in Ohio.  It 
is of the greatest
importance to
me to know just
where those 200 acres
were situated.
Will you
please inform
me, what
relation Nicholas
Phelan was to

Lieutenant 
John Phelan,
deceased, was
he a cousin, a
brother, or what.
The Military files
of the U.S.Pension
Office should
show the authority
for the issue of
the Warrant in
question.  To
Nicholas Phelan,
Hoping for an early
reply.  Very Respectfully
Mrs Anna Douglas
131 West 35th St. New York City.
Page 44

2263---200---Rev.

New York Dec. 30th
Commissioner of
Pensions.
Will you kindly
inform me.
how many
Military Bounty
Land Warrants
John Phelan
deceased received
Page 45

for services, He
was a Lieutenant
in the Massachusetts
line War of the Revolution.  
He was commissioned
a Lieutenant
in Colonel 
Wigglesworth's 13th
Regiment of 
Massachusetts
on the 22nd of
October 1777. Please

& in one all
the particulars
on second
concerning
the Bounty Land
Warrants issued 
to John Phelan
and oblige.
Yours very [illegible]
Mrs. Annie Douglas
131 West 35th St.
New York City
Page 46

O.W.&N.
New York Dec 14th
War Department Washington

Will you
kindly inform me
if John Phelan
received a Land
warrant in the
tract of country called
the Inarietta Ohio
Lands set off to the
Soldiers of the Revolution
He served from the

beginning to the
end of the war.  
He was commissioned
a Lieutenant in Colone;
Wigglesworth's (13th)
Regiment of Massachusetts
on the 22nd of October
1777.  Will you
kindly send me any
record in full that
you may find of
John Phelan, and
greatly oblige Yours
Truly.
Mrs. Anna Douglas
131. West 35th St
New York City
over
Page 47

Please inform me
what state and 
county John Phelan
went from on
lived in, and
also the number
of the Land warrant
issued to him by
the Government for
services.
Respectfully
 E. Douglas
Page 48

No. 1121

Mrs. Spinolla

Receipt
Page 49

Honble. Wm. M. Stewart        New York 30th May 1825
Washington City
Dear Sir
I acknowledge the recpt. of your
letter dated the 13th, and likewise of the Land Warrant for
two hundred acres of Land in a letter that you was pleased
to forward me bearing date of the 18th of April last for
the services of my father in the Revolutionary War, I would
take the liberty of troubling you for the information 
respecting this Warrant, as I have been told that if I do
not locate this land before the next Congress meets
that my warrant will be void. in consequence of a 
Law which expires, by that time; Likewise I would be
pleased to know if there is any Land near the canal
[illegible] that belongs to the Government as my Husband
expects to go out there and if he finds a good place
we may move to that state.
I remain Dear Sir
Your most obet. Servent
Elize Spinolla
Page 50

State of New York
City and County of New York S.s:  I, Eliza Spinolla
wife of John L. Spinolla of the City of New York and a
citizen of the United States of America, do upon oath testify
and declare that I am the only child and legitimate heiress
of John Phelan who according to the best of my information
knowledge and belief, served as a Lieutenant in the
Army of the Revolution in the third Regiment of the
Massachusetts Line commanded by Colonel Wigglesworth, and
actually continued in the service aforesaid until the
close of the war in seventeen hundred and eighty three.
My fathers Commission is now lost or mislaid so
that I cannot produce it to corroborate the above
statements.-- I further declare that to the best of
my knowledge and belief my father the said John
Phelan never received a Warrant for the Bounty
Land promised to him on the part of the United States
nor did he ever assign or transfer his claim to that
gratuity in any manner whatsoever.  Neither have
I [illegible] of my father the said John Phelan, nor
has any other person or persons for me was received
a Warrant for such bounty land, no have I assigned
or transferred my claim to the same in any manner.
(signature of Eliza Spinolla)
Sworn the 9th           [illegible]
day of Feb. 1825
before me Cornelius Roosa
Commissioner

I, John L. Spinolla of the City of New York the husband of the
above named Eliza Spinolla do upon oath declare that
the facts set forth in the above declaration were true to
the best of my information & belief.
(signature of John L. Spinolla)
Sworn this 9th day of
Feb. 1825 before me
(signature of Cornelius Roosa)
Commissioner
Page 51

Know all Men by these presents that we John L. Spinolla
of the City of New York and Eliza his wife, do hereby constitute
and appoint  the Honorable Churshik C. Cambrelling a
Representative in Congress form the State of New York our
true and lawful attorney for us and in the name of the said
Eliza Spinolla to demand and receive from the Secretary
of War of the United States or of such other person as is
duly authorized to issue & deliver the same, a Warrant for the
quantity of land due to the said Eliza as heiress of John
Phelan as aforesaid and to sign a receipt or a [illegible]
therefor-- and to constitute and appoint on or more
substitutes under him for the purpose aforesaid witness
Our hand & seals at the City of New York the ninth day of
February one thousand eight hundred and twenty five
(signature of John L. Spinolla)
(signature of Eliza Spinolla)
Witness
(signature of Cornelius Roosa)

I Susan Phelan of the City of New York widow, do upon oath declare
that I am the widow of John Phelan who was a Lieutenant in the
Army of the Revolution in the third Regiment of the Massachusetts
line commanded by Col. Wigglesworth -- That I have often
seen the Commission of my late Husband which has been lost
several years and cannot now [illegible].  That my said Husband
John Phelan served to the end of the War in seventeen hundred and
eighty then according to the best of my information knowledge and
belief.--the said John Phelan died several years ago
leaving an only child, a daughter, his sole legitimate heiress
now the wife of John L. Spinolla of the City of New York who
have signed the foregoing deposition and Power of Attorney in
my presence.
(signature of Susan Phelan)
Sworn this 9th day of
Feby. 1825 before me
(signature of Cornelius Roosa)
Commissioner
Page 52

State of New York
City and County of New York S.s.     Before me
personally appeared John L. Spinolla and Eliza
Spinolla, subscriber of the foregoing declaration and
in my presence acknowledged the preceding power of
attorney to be their act and deed.  And likewise personally
appeared Susan Phelan who hath subscribed
the preceding deposition of identity, all to me well
known to be persons of respectability & truth, and
made solemn oath to the foregoing depositions
by them respectively subscribed the ninth day of
February one thousand eight hundred twenty five.
(signature of Cornelius Roosa)
Commissioner
Page 53

STATE OF NEW-YORK,
CITY AND COUNTY OF NEW-YORK  ss.
I, JOHN WOODWARD
Clerk of the City and County of New-York, DO HEREBY CERTIFY,
That Cornelius Roora  whose name is
subscribed to the Certificate of the acknowledgement
of the annexed papers & affidavit
and endorsed thereon, was on the day of the date of said Certificate a
COMMISSIONER in and for the City and County aforesaid, dwelling
in the said County. commissioned and sworn, and duly authorized by
law to take the proof and acknowledgment of Deeds, and discharges
of Mortgages, &c. and to take affidavits [illegible].  And further, that I
am acquainted with the hand-writing of the said Commissioner, and
verily believe that the signature of Cornelius Roora subscribed to the said
Certificate, is the proper hand-writing of the said Commissioner.
In Testimony whereof, I have hereunto set my hand and affixed
the seal of the said County, the tenth day
of feby (February) 1825.
(signature of Jn. Woodward)
Page 54

COMMONWEALTH OF MASSACHUSETTS

City of Boston
County of Suffolk
Personally appeared before me
one of the Justices of the Peace
within and for the County of Suffolk afore said
and residing in the city afore said and duly authorized 
who being sworn according to law--does depose and say
that he is Secretary of the Society of Cincinnati in
the State of Massachusetts and that he finds the
name of John Phelan late a Lieut in the 3rd Regt.
of the Massachusetts line recorded on the Book
of said Secretary as a member--and further that
no officer could be a member of said Society
unless he had served faithfully to the end of the
Revolutionary War.
Jn. Callender Secy.
of the Society of the Cincinnati
of Massachusetts.

Sworn before me
this 17th day of Sep. AD. 1824
Wm. Minot Just Peace.

Suffolk Ss.  I hereby certify that William Minot Esq. whose signature is 
affixed to the above attestation, is a magistrate and Justice of the Peace of this Commonwealth within and for the County of Suffolk qualified by law to administer oaths and take depositions.
In testimony whereof I have hereunto subscribed my name
and affixed my seal of office this seventeenth day of  September in the
year of our Lord eighteen hundred & twenty four.
(signature of Jn. Callender)
Supreme Judicial Court & Com. Pleas for the county of Suffolk.