Revolutionary War Pension and Bounty Land Warrant Application File S. 35930, James Fitzgerald, Md.

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Md. 
Fitzgerald, James
R. 35930

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[Two columns]
[Left column}
16,514 R
Delaware
[double underline]
James Fitzgerald
Decd
of Newcastle in the state of Delaware
who was a Private in the regiment commanded by
[Colonel overwritten] Capt. Howard of the Maryland
line, for the term of three
[double underline]
Inscribed on the Roll of Delaware
at the rate of 8 Dollars per month, to commence on
the 7 of Apl. 1818
[double underline]
Certificate of Pension issued the 25 of Feby 18 [illegible]
and sent to Honble
M. McLean House of Reps
[double underline]
Arrears to 4th of Sept 1819  135.40
Semi-anl, all'ce ending [illegible] Mar 1820 [illegible]
16 mos 28/20

[Right column - written vertically in right margin]

[ilegible] sent to Joseph Roberts Eqr - 30 Sept 1820
Delaware

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James Fitzgerald
16,514
March 1820

Continue

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State of Delaware }
New Castle County } Ss. On this twenty second day
of June 1820 personally ap-
peared in open Court of Common Pleas, of the said
State, in the county aforesaid (being a Count of Record
for the said State in the said County, expressly made
so by the laws and Constitution of the said State which
created the said Court,) James Fitzgerald aged up
wards of Seventy years in the [illegible] of Brandywine
County of New Castle and State of Delaware aforesaid
who being duly sworn according to law, doth on his
oath declare, that he served in the Revolutionary war
as follows, to wit: in the fourth Maryland Regiment
commanded by Colonel J Holland in the Company
first commanded by Captain John E Howard &
after his promotion by Captain Thomas Lansdale,
as will appear by the original declaration made
by me to the department of war dated the Seventh
day of April one thousand eight hundred eighteen
whereon Certificate No. 16.514 was issued.  And I
do solemnly swear that I was a resident citi-
zen of the United States on the eighteenth day of
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 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 eighteenth day of March 1818 and that
I have not, nor has any person in trust for me
any property or securities, contracts or debts due
to me nor have I any income other than what
is contained in the Schedule hereto annexed and
by me Subscribed to wit: a Small House & lot
of four acres in the County aforesaid value
Sixty

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Sixty Dollars, 3 pigs, one dollar and fifty cents, one
cow and one horse valued at fifty dollars: In-
come none.  Have followed the occupation of a
Labourer which I am not incapable of pursuing
from age and bodily infirmity and unable to sup-
port myself without the assistance of my coun-
try.  My family consists of myself and a wife aged upwards
of eighty, two orphan children of a certain Fran-
cis Cunnington deceased the older about ten
years.

Sworn to & declared & Sub- } James X his mark Fitzgerald
scribed on the day and }
year afsd. in open Court }
Attest Jos Roberts, Prothonotary

State of Delaware }
New Castle County } Ss.  I Joseph Roberts Prothonotary
[Blurred seal of New Castle County Court]  
of the Court of Common Pleas of the
said State of Delaware, in and for
the County of New Castle in the said
State, do certify that the foregoing oath
and the Schedule thereto annexed
are truly copied from the Record of the 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 according to the valuation thereof made and
exhibited to the said County by the said James
Fitzgerald upon his solemn oath is one hundred
and eleven dollars and fifty cents.

In Testimony Whereof I have hereunto set
my hand and affixed the seal of said Court
at New Castle the fifth day of July in the year
of our Lord one thousand eight hundred
and Twenty.

Jos. Roberts Prothonotary

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O.W. and N. Division
Department of the Interior,
BUREAU OF PENSIONS,
Washington, D. C., October, 1893
Sir,
In reply to your request for a statement of the military history of
James Fitzgerald S.35930, a soldier of the Revolutionary War, you will 
please find below the desired information as contained in his application for pension
on file in this Bureau.
[column headings: DATES OF ENLISTMENT. LENGTH OF SERVICE. RANK. OFFICERS UNDER WHOM SERVICE WAS RENDERED. CAPTAIN. COLONEL. STATE.]
July 1776. 5 mo. Pvt. John E Howard. Josiah C Hall. Md
July 1777. 3 years. Pvt Thomas Lansdale. do. Md
First Service in the Flying Camp which was abandoned
He was wounded once or more times

Battles engaged in, Iron Hill, White Plains, Staten Island, Brandywine, Germantown, ^Stoney Point, Monmouth [illegible]
Residence of soldier at enlistment, either Maryland or Delaware
Date of application for pension, April 1818
Residence at date of application, Brandywine Hundred, New Castle Co Delaware
Age at date of application, 70 years [illegible] wife alive age 78 years
Remarks: Date of death may be obtained from voucher on file in office of the
Thrid Auditor. [crossed off: Delaware Pension Agency] Cert #16514, paid
at the Delaware Agency.
Very respectfully,
Commissioner

Mr Herbert F Jerrell
1437 Stoughton St
City

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[right side]
35930
INVALID
[illegible]
le No. 85,980
James Fitzgerald
[illegible]
Act: 18 March 18
dex:-Vol. 2, Page 468
[Arrangement of 1870]

[left side]
13/93 [illegible] to H.P.Jerrell
1437 Stoughton St. City.' C.

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State of Delaware [illegible]
On this eleventh day of November
1819, before me, the subscriber, one of the Judges of the court
of Common Pleas for the State aforsaid, personally appeared,
James Fitsgerald aged seventy years x upwards, resident
in Newcastle County in the state aforsaid who, being by me
first duly sworn, according to law, doth, on his oath, make
the following declaration, in order to obtain the provision
made by the late 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' That he,
the said James Fitsgerald enlisted for the term of nine 
months on the ~~~ day of July in the year 1776 in the 
theater called the flying Camp raided in the state of Maryland
in the Company commanded by Captain John E Howard
of the Regiment commanded by Colonel Josias C Hall
That at the expiration of five months from his enlistment the 
said flying camp being destitute of provision x clothing was
broke up or disbanded. That the [illegible] then enlisted
in the 4th Regiment in the line of the State of Maryland 
on the Continental Establishment, commanded by the same
officer; that he continued to serve [crossed off; [illegible]] in the said
corps x in the service [crossed off; [illegible]] of the United States
until the full end & term of three years for which he was
[illegible] entitled (making together the term of three years x five
months in actual service) When he was discharged at Morris
Town at Weeks's farm in the State of New Jersey, That
he was in the battle of Iron Hill, Brandywine, Staten

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Island, German town, White Plains, Stony Point, Monmouth
[illegible] and that he is in reduced circumstances, and stands in
need of the assistance of his country for support and that
he has no other evidence now in his possession of his said
services, Except the deposition of his officers hereunto annexed.

Sworn to and declared before me, the day and
year aforesaid

John Way

I John Way one of the Judge of the aforesaid, do
certify that it appears to my satisfaction that the said
James Fitsgerald did serve in the revolutionary war, as
stated in the preceeding declaration, against the common
enemy, for the term of nine months at one time, on the
continental establishment; and I now transmit the
proceedings and testimony taken and had before me, to
the Secretary for the Department of War, pursuant to
the directions of the aforementioned act of Congress.
I am also fully satisfied that from a wound in the ankle
by a musket ball in the service of the United States which
has become painful & from his poverty, that he not
only needs but is deserving of the assistance of his
country for support.  I further certify that he made
a previous declaration (accompanyed with the declarations
of John Marks corroborating the foregoing statement and
forwarded to the War department under the same
enclosure with the application of said Marks on the seventh
day of April 1818

John Way

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[Illegible] 2

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Baltimore June 22d 1819

Sir/

I have received your letter of the 18th.  James
Fitzgerald was one of the first men enlisted in
my company of the flying camp in the year 1776 &
afterwards enlisted in the 4th Maryland Regiment,
of which I was Major.

I called with him on Judge Price
who took his deposition and has since taken mine
which is so full from my own knowledge that I
have no doubt of his being put on the pension list,
and I have advised the War department to place
him on the pension list of the State of Delaware.
I have sent to Annapolis for a certificate of his
service from the muster Rolls.

[illegible] well known that I will render him
every service in my power, and if the papers 
come

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come from the War department to me I will for-
ward them to you as the friend of Fitzgerald.

I am yr obedt Servt.

John E. Howard

[Written vertically in right margin]
[illegible] 2

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To J C Calhoun, Esquire
Secretary of War

The subscriber one of the Judge of the Court
of Common Pleas for the State of Delaware in conformity
with the substance of the [illegible] No 1.

Do Certify that James Fitzgerald
an applicant for a Pension did on the seventh day of
April eighteen hundred and eighteen (in company with
a certain John Marks also an applicant) appeared
before me as a claimant of a pension from the U. States
for his revolutionary services.  That he did then produce
such proof as appeared to me satisfactory that he had
served in the army of the United States during the Revolutionary
War, first enlisting in the flying camp in the year 1776
& afterwards in the 4th Maryland Regiment.  And I further
Certify that the said application & proof were immediately
thereafter by mail forwarded to the War Department under
the same [illegible] containing the application of the aforesaid
John Marks who was placed on the pension list about the
27 of the same month.  Appear further from his statement
and the enclosed [illegible] 2 that the sd Fitzgerald has since applied
to the officers of the Regiment at Baltimore and has received
all the assistance that they considered the law required to 
enable him to obtain a pension.  This subscriber cannot but
earnestly solicit the attention of the Secretary of War to the
situation of this poor but respectable veteran now on the wrong

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side of 70 years painfully progressing through life in consequence
of a wound received in the Battle at Germantown and whose
family is helpless & afflicted.  No copy or duplicate of the
said application was made by me nor was deemed necessary
in this or any other case which come before me.

Permit me to add that I think there has been no applicant 
more deserving, of a Certificate granting a pension that it
would be more gratifying to me to [illegible] than the one in
question.

Accept the [illegible] of my
[illegible] Respects

John Way

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No. 1

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War Department,
Pension Office,
May 6th 1819.

Sir,

In answer to your communication to the
Department, relating to the application of James
Fitzgerald, for a pension, I have to inform you, that
there do not appear to be any papers in this office re-
lating to his claim, it will therefore be necessary for
him to obtain a Duplicate of the declaration from 
the Judge before whom he made the original and
forward it to the War Department, before a decision
can be made in his case.

I am, Sir, very resply.
Your obet. Servt.

J. L. Edwards


Louis McLane, Esqr.
Wilmington, Delaware.

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[Two columns]
[Left column]

4502
Case of Jas Fitzgerald

Jno. Way
Judge
New Castle, Del.

recd Novr. 20 1819

J C Calhoun Esquire
[Written vertically in center of page Mr. Edwards]
Enter Secretary of War
this decision on
this case in Washington book
of entries.

Admd.
Services proven.
=7 April 1818

Admitted
Hon. Wm McLean H.R.

[Right column written vertically on the page]
The Judge must state some precise day in April 1818
 when the claimant made his first declaration.  Mr.
Edwards considers the expression "on or about" as to vague
that it may mean a fortnight [illegible]

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I do certify that James Fitzgerald has satisfied
me that he has served more than nine months
during the war of the Revolution in the 4th Maryland Regiment as a private and
Sergeant in Capt. Landsdale's Company, he has
stated so many facts, that I cannot doubt the
information he has given me, and that he was
honorably discharged at the expiration of his term of three
years, he appears to have been in the Battles of
Brandywine, Germantown, Monmouth and
at the storming of Stoney Point

S Smith
Formerly Lieut. Colonel
4th Maryland Reg

Baltimore 5 June 1819

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State of Delaware
New Castle County Ss} I Joseph Roberts Prothono-

[Blurred seal of Court]

tary of the Court of Common Pleas 
of the said State of Delaware in and
for the said County of New Castle do
hereby certify that the Honorable
John Way before whom the foregoing
deposition was taken and who hath
certified the same was at that time and is 
now one of the Associate Justices of the Court
of Common Pleas of the said State of Delaware duly
commissioned and qualified and that full faith
and credit are and ought to be given to all such his
acts and attestations.

In Testimony whereof I have hereunto set my
hand and affixed the seal of said Court at New
Castle the Seventeenth day of November in the
year of our Lord one thousand eight hundred
and nineteen.

Jos. Roberts Prothy

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James Fitzgerald

Duplicate

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State of Delaware Js
On this twenty second day of June
1820 Personally appeared in open Court of Common
Pleas of the State of Delaware being a Court of Record
and so expressly made and declared by the act of the
General assembly of the said State which created the
said Court, James Fitzgerald aged upwards of seven
ty years resident in the Hundred of Brandywine, County
of New Castle and State of Delaware aforesaid who
being duly sworn according to Law doth on his oath
declare that he served in the Revolutionary War as
follows [illegible] in the fourth Maryland Regiment com
manded by Colonel J Hale, and in the company first
Commanded by Captain John E Howard and after
his promotion by Captain Thomas Lansdale as well
appear by the original declaration made by me to the
Department of War dated the seventh day of April one
thousand eight hundred and eighteen whereon certificate
no 16,514 was issued. And I Do Solemnly Swear that 
I was a resident citizen of the United States on the
eighteenth day of March 1818 and that I have not
since that time by grift sale, or in any manner dis
posed of my property or any part thereof with intent
So diminish it as to bring myself within the provisi
ous of an act of Congress entitled "an act to provide for
certain persons engaged in the Land and Naval Ser
vice of the United States in the Revolutionary War"
passed on the eighteenth day of March 1818 and that I
have not nor has any person in trust for me any [crossed off: [illegible]]
property or Securities, contracts or Debts due to me nor
have I any income other that what is contained in the
Schedule hereto annexed and by me Subscribed [illegible]
a Small House and lot of four acres in the county aforesaid
value Sixty Dollars, 3 pigs one Dollar and fifty cents, one cow
and one horse valued fifty Dollars: Income none. Have
followed the occupation of a Labourer which I am now

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incapable of pursuing from ago and bodily inferimity
and unable to Support myself without the assistance
of my Country. My family consists of myself & wife
aged upwards of eighty, tow orpahn children of certain 
Francis Cunningham deceased the oldest about ten
years. 
James ^his mark^ X Fitzgerald

Sworn to & declared and
Subscribed on this day & 
year aforesaid in open Court
attest Jos Roberts Prothy

State of Delaware
New Castle County Js
I Joseph Roberts Prothontary
of the Court of Common Pleas of the Said
State of Delaware, in and for the County of
New Castle in the said State Do Certify
that the foregoing oath, and the Schedule
thereto annexed are truly copied from the Record of the
Said Court; and I Do further certify that it [crossed out; was] is the
opinion of the said, that the total amount in value of
the porperty exhibited in the aforesaid schedule, is
according to the valuation thereof made and exhib
ited to the Said Court by the said James Fitzgerald
upon his solemn oath is one Hundred & eleven Dollars 
and fifty cents.
In Testimony Whereof I have 
hereunto Set my and affixed the seal of said Court
at New Castle the eighteenth day of July in the year
of our Lord one thousand eight Hundred & Twenty.
Jos. Roberts Prothy

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The deposition of John Eager Howard of the City of 
Baltimore who being duly sworn depareth and sayeth,
that he was appointed Captain of a company in the flying
Camp in the year 1776. That James Fitzgerald who
is now applying for a pensionunder the late act of con
gress, enlisted in his company about the month of July
in the same year, and marched wit the company to 
York Island and served until the discharge of the 
flying camp in the month of December in that year.
Congress then having made a new arrangement of the
army this deponent was appointed Major of the fourth
Maryland Regiment, commanded by Colonel Josias C
Hall, and that the said Fitzgerald enlisted in said
regiment for three years, as this deponent believes, and
he well recollects that the said Fitzgerald was an orderly
& good soldier always ready to perform any duty re-
quired of him. That to the best of his recollection the
said Fitzgerald acted as a sergeant or corporal, and was
wounded in one or more actions with the enemy, and was
discharged at the Camp near Morris Town in the winter
seventeen hundred and seventy nine eighty.
That he is now informed by the said Fitzgerald
that he has been in great want of his pension, not being
[corner of the page is cut or torn off here] ..le by reason of old age & his wounds to support him-
by labour. That he applied according to the 
direction

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directions of the act of congress to Judges Way of the 
State of Delaware, but to his great surprise and dis-
appointment he finds that he ahs not been put on the
pension list, and is informed by a letter from the war
department to Mr McLean member of Congress, that no
such papers are to be found in the war office. He
therefore was complelled to come into the State of 
Maryland for the advice and testimony of General
Smith & this deponent, and that his [illegible] is to be
placed on the pension list in the State of Delaware.
The deponent further sayeth that in his opini-
on there are very few old soldiers better entitled to
pensions than this applicant, and he recommends his 
case to the particular attention of the war depart-
ment, that this deserving old soldier may receive
some support for the sjprt [eropd pf jos ;ofe which
remains - 
John E. Howard
Sworn to before
4th June 1819
N Price
[illegible]

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Attention is called
to date Sept 5
as intended for
August

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Mr Shapleigh
No
Case with this letter
#35930
The only 
Jas Fitzgerald 
who rec'd 
a pension
F.S.

Page 27

18
[illegible] 35930
James Fitzgerald - 
Revlutiny War
Va Line
Was he a [illegible]?
[illegible]
Hon R.B Jones
April 1. 76

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35930

[Black stamp center page; PENSION 
B
AUG
28
1893
U S
OFFICE]
August 26, 1893
Hon. Commisioner of Pensions
Washington, D. C.
Dear Sir  : I understand that the name of JAMES FITZGERALD,
of Delaware, who served in the Revolution form Delaware, is on the old
Pension Rolls ( Pension Rolls, p. 514 ), and that he died about 1820.
If so, please give me the facts of his record and personal his-
tory - including birth, death, parentage, nationality, residences, &c.-
as fully as possible.
Very respectfully yours,
Herbert P Jerrell