Revolutionary War Pension and Bounty Land Warrant Application File S. 34,805, Thomas Elliott, Md.

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(8-1776)
SERVICE
Md.

Elliott, Thomas

NUMBER
S. 34,805
B.L.Wt. 1300-100

CONTENTS
[blank space]

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14,125 
[large cursive] R

Maryland
Thomas Elliott 2d
of Baltimore in the state of Maryland
who was a Private in the regiment commanded by
Colonel Stewart of the Maryland
line, for the term of Three Years
81 to 83
_________________
Inscribed on the roll of Maryland
at the rate of 8 Dollars er month, to commence
the 8 of April 1819
_________________
Certificate of Pension issued the 8 of Sep 1819
and [struck through 'sent to'] handed to Thomas [struck through 'Bailey] Elliott
Baltimore Maryland
___________
[words partially obscured on left edge]
ears [arrears] to 4th of Sep 1819. | 39.20
ni-anl. all'ce ending 4 Mar 1820.  | 48.00
Mo. 27/30 | [total] $87.20

Revolutionary Act 18th March, [torn]

[faintly handwritten on torn part of page]
61
14
75
Continued Notificated
Oct.5th 1820
Philip Moore
Balt

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[back side of letter]

Th L. Elliott Certificate

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Auditors office Annapolis 17th March 1819
I hereby Certify that it appears from the Pay Rolls
Remaining in the Auditors office the Tho^s Elliott
Rec^d from John Hamilton agent of the Maryland Line the
Sum of $80" " arrears of pay from 1st of Aug^t 1780 to the
1st of Jany 1782  also the Sum of $80" " for pay from
the 1st of Jany 1782  to the 1st Jany 1783 and also the Sum
of $43.30 for pay from 1st of Jany 1783 to 15th Nov 1783
when his Time Expired.

Tho^s Karney
Audit
State Maryland

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State of Maryland Baltimore County to wit:
On this eighth day of April eighteen hundred and nineteen personally appears before me the undersigned Chief Judge of Baltimore Cty Court Thomas Elliott a resident of said city, aged sixty years or thereabout, an applicant for a pension under the late Act of Congress entitled "An Act to provide for certain persons engaged in the Land and Naval service of the United States during the Revolutionary War" and then and then made the following declaration upon oath by me administered-
That he enlisted at Annapolis in the State of Maryland some time about the 1st of August 1780 or 1781, under Captain Henry Gaither, mustered in said Company in the 4th Maryland Regiment under Major Alexander Roxburgh and Colonel John Stewart, was present under said officers at the siege of York where after the surrender of Lord Cornwallis & his army, Captain Gaither resigned his Commission & Captain John Mitchell took command, and the company transferred to the third Md Reg: [perhaps consolidated] which was commanded by said Colonel Stewart & Major Roxbury. Thence marched to the southward and joined General Greens army. When the company was transferred or perhaps the commander of the Reg. consolidated with the 2nd Md. Reg. and the command by said Col Stewart, Capt Mitchell, having returned home, Capt Ball took nominal command, but the acting officer was Lieutenant Geo. ______ under whose command _______ continued until he returned by water from Charleston to Annapolis, where the said Lieutenant was discharged and _________ and about one him and other of the 3 years men were marched to Frederick Town under the nominal command of Captain Brice but under the name of the acting officer

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being a Lieutenant, deponent cannot now recollect - remained
at Frederick Town Barracks then under command of
Major Hardman until about the month of December 1783
when the troops were mustered at said Hardmans Quarters &
discharged by him, deponent having received a written
discharge - which discharge he afterward showed to General
Smallwood at his residences in Charles County, who tore the
same up and gave one from under his own hand, which
he retained, promising deponent to see his claim settled, and some
short time thereafter delivered deponent a [underlined: Final Settlement
certificate] which he swapped for a Hour - 
Deponent further saith, that some few years after the close of the Revolut?
War and being discharged as afore and, he received from said Captain John
Mitchel at Port Tobacco, a certificate [underlined: identifying] him as the person
who had served under his command in the Regular Army on the
continental establishment and was entitled to receive as bounty one
hundred acres of Land - Which certificate was also signed or 
countersinged by Cap Thomas Jones who was then present and 
had been an [underlined: aid] to Genl. Smallwood - This last mentioned Certif..-
deponent delivered to Col. Peter Little a member of Congress from
Baltm. County about six or seven years ago for the purpose
of obtaining his bounty Land and which certificate said
Colonel Little reported he had left in one of the offices
in Washington - Deponent also further declare on his oath afoursaid
that he faithfully served in the army of the United States on the
Continental Establishment from the time of his enlistment to
the time of being honorably discharged as aforesaid being more
than nine months in continuance - that he hath never been 
placed on any Pension roll[crossed off: and [illegible]]^that he is^ in reduced cricum=
stances, ^onlify^ dependent solely on his [underlined: personal labour] for [illegible]
greatly needs the assistance of his country for support -
Subscribed and Sworn to before    Thomas X^his mark^ Elliott
Test N Brice
J.B. L Court

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City of Baltimore. State of Maryland
I hereby certify that from the annexed is
declaration of oath made by the applicant
Thomas Elliott & from the affidavit of George
Miller & Certificate of the States auditor
annexed. It appears to my satisfaction
that said Thomas Elliott did serve as ^old do^ a prvt
in the revolutionaryWar. against the [crossed out: illegible]
Common enemy. on the Continental Establish-
ment for refwards of none months in
Contenuance. It also appears to my satisfac-
tion from his declaration of Both aferecal
that said Elliott is in reduced circumstance
in life and needs the assistance of his 
Country for support.
N Brice Chief
Judge Balt of Court
Balt 8h Apl 1819

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[top left corner of page is cut off]
i of Maryland, Baltimore County F
[the following paragraph is crossed off with large X's]
I hereby certify that from the aforgoing declaration
made this day before me on oath [black smudge over writing here] certificate hereto
annexed from the auditor of the State ^or also the [illegible] of Geo Miller^ [crossed out: that the said Thomas]
^appears to my satisfaction that Thomas^ Elliott did serve in the army of the United ^States^ during the Revolu=
tionary war, on the Continental ^[illegible]^ repwards of nine months
in continuance, and [crossed out: from his] ^Humbble is in reduced circumstances^ [underlined: reduced circumstances] needs the assistance of his country  for support.
[black smudge over word here: illegible] under my hand at the City of Baltimore this
[blank] day of April Eighteen hundred and nineteen

[the following paragraph is not crossed out]
State of Maryland City of Baltimore to wit
On this eighth day of April 1819 personally appears
before me [crossed out: the said Judge of Balte City Court] George
Miller of lawful age, a person to me well known who being
by me duly sworn deponth and saith that he was a regular
soldier in the Revolutionary Army in a Company Commanded
by Captain Henry Gaither attached to the 4~:M:Regt:, that
when at Annapolis he became acquainted with Thomas Elliott
now present who was a private in said company as a 
regularly enlisted soldier which said Regt. was then under
the command of Col: John Stewart. That deponent [crossed off: was]
transferred to Cap: Shurriers Company and marched to
Snake Hill, and Elliott marched from Annapolis to the
Southward under Cap: Gaither, Mayer Alex: Roxbury & Sol Jn Stewart
and further saith not.   George X^his mark^ Miller
Subscribed and Sworn to before 
N Brice Chief Jug
Balt County

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City of Baltimore __,

I Thomas Harwood Clerk of Baltimore City Court do hereby certify that the ______ Nichols Brice before whom the foregoing proceedings were taken and who thereto subscribed his name, was at the time of so doing Chief Judge of Baltimore City Court duly Commissioned and qualified, and to all his acts in such due faith & credit is and ought to be given.
In testimony whereof I have hereunto set my name and offered the seal of the said Court this eighth day of April in the year Eighteen hundred and Nineteen.
Th: Harwood Clerk
Baltimore City Court-

Please forward the ______ to me through the Post Office, _____ to the case of Thomas Bailey Baltimore" and oblige sir your most ob. serv.
Witings[?] Tho. Murphy

Thomas Elliot
+ his mark

Balt. 8 April 1813

4451.

Tho. Elliott
Rev. Pension
Maryland Line
4 Regiment
Col Stewart
1781 - 1783
Services proven by the auditors certificate Thomas Karney enter the decision on this case in the book of entires.

Admitted

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Thomas Elliott 2
14.125
March 1820
Con

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SCHEDULE.

United States of America
(A.) Maryland District-SS.
ON this fifth----- day of September 1820, personally appeared in open court (*), (+)(B.) in the District Court in and -------for the (C.) District of Maryland ------

Thomas Elliott ---- aged Sixty one --- years, resident in the City of Baltimore---in said (D.) District who being first duly sworn, according to law, doth, on his oath, declare, that he served in the Revolutionary War, as follows: (E.) That he enlisted at Annapolis in the State of Maryland on or about the 16 August 1781 under Capt. Henry Gaither in the 4th Maryland Regiment commanded by Col. John Stewart. Capt. Gaither afterwards resigned, and Capt. Mitchell commanded and the Company transferred or consolidated into 3rd Maryland Regiment under same Col. was afterwards under nominal Command of Capt. Bell, but actually under Lt. George Warner under whom returned to Annapolis - ordered to Frederick Town Maryland under nominal command of Capt. Brice, finally, discharged at Frederick Town aforesaid by Major Hardman in December 1783 which discharges having been shown to General Smallwood he tore up and gave to declarant one from under his own hand having served about 2 years and 8 months - That he made his original declaration before the Honorable Judge Brice about 1 April 1829 and received a pension certificate date 8 September 1819 Numbered 14125---
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, 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.

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(F.) a female quality of Shoe makes [illegible]
worth ----------} $10-
2 Common Tables. 6 D Chairs from Cuckey of card
some cooking apparatus ----------} 15-
Sundry female articles too tedious to enumerate [underlined: - 12]
[underlined: $37-]

I have a wife named Eleanor aged about 50 years & upwards
very sickley and helpless, one daughter at home named 
Elizabeth, aged 10 years, and a son named Eli 6 years of
age. I am by trade a shoe maker but being advanced
in years and eyesight failing and greatly afflicted with
Rheumatic pains, can do but little work, and that little
with great suffering of pain when sitting. That I am
in such reduced circumstances as to stand in need of the
assistance of my country for support and were it not
for the pension I receive as a Revolutionary Soldier
I would not be capable of supporting myself except
by private or public Charity
Thomas X ^his mark^ Elliott

SWORN to and declared on the 5th day of September 1820
Before, the District Court aforesaid

I, Philip Moore Clerk of the said Dist 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 Sche-
dule is Thrity seven ~ Dollars and -- Cents.
IN TESTIMONY WHEREOF, Ihave hereunto set my hand, and affixed
the Seal of the said court, on this 21 day of Septem 1820
[vague image of a seal on lower left side of this page; illegible]
Philip Moore
Clerk of the ^Dist^ corut for the Dist of Maryland

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*The whole of the form prescribed in the first section, to verify the amount of property of the applicant, the
oath of the party, and the certificate of the clerk excepted, must be done while the court is in session.

+All are courts of record, within the contemplation of the Act of Congress:

1st, Which are expressly made courts of record by the laws of the State which create them;
2d, Which have been solemnly adjudged, by the tribunals of the several States, to be courts of record;
3d, Which proceed according to the course of the common law, with a jurisdiction unlimited in point of
amount;
4th, Which have the power of fine and imprisonment;

And courts which proceed according to the civil and canon law, having neither of those attributes, are
not courts of record, although they may keep a registry of their proceedings, and possess a seal.
The court should, in every instance, state, on the face of the proceedings, that it is a court of re-
cord, and state why it is such.---(Opinion of the Attorney General of the United States.)

----------
----------

DIRECTIONS FOR FILLING UP THE BLANKS.

A. District, - circuit, - county, or corporation, as the case may be.
B. State why a court of record.
C. After repeating the district, circuit, county or corporation, insert the declarant's name.
D. District, circuit, county, or corporation.
E. Here set forth the regiment, company and line; or ship, corps or vessel, and the date of the original de-
claration; and if he has received a pension, the number of his pension-certificate should be inserted.
F. Here enumerate each article of real and personal estate, necessary bedding and clothing excepted, and 
subscribe the same. The declarant must also mention his occupation, his ability to pursue it, the num-
ber and names of his family residing with him, their ages, and their capacity to contribute to their sup-
port, in order that the department may be enabled to decide whether the applicant is in such indigent
circumstances as to be entitled to the pension. It is the opinion of the Attorney General, that the words
of the third section of the Act of the 1st May, 1820, "in such indigent circumstances as to be unable to
support himself without the assistance of his country," comprehend those only, who are incapable of
supporting themselves without the assistance of the government, except by private or public charity.

Extract of a CIRCULAR LETTER from the War Department, to the several Agents for
paying pensions, enclosing the foregoing Form.
"For the guidance of persons already on the pension list, or who may hereafter make application for that
purpose, it may be proper to state, explicitly, that, as experience has proved the necessity of a rigid adherence
to particular forms in such cases, no instrument of writing drawn. up dontrary to this form can be admitted as
a proper voucher."

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No. 1300

Thomas Elliott
priv.
Mary^d

[illegible] Himself

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DEPARTMENT OF WAR.
~
Regulations for the Officers and Soldiers of the Revolutionary War who acquired a
right to Land from the United States, but have not received it.

By an Act of Congress, of the 16th September, 1776, it is provided, that the Officers and Soldiers who engaged
for, and continued to serve, druing the War, or until discharged by Congress, shall receive land in proportion to their
rank.
N.B. Those who engaged for three, years or for any other period than during the war, are not entitled to land
from the United States.
The following declaration must be filled up and sworn to by the claimant:

District of Columbia
[crossed off: State of]
County of Washington}
I, Thomas Elliott - aged about sixty nine
years, do, upon my oath, testify and declare, that, in the year one thousand seven hundred and eighty one
I enlisted for the term of "during the war," and served in the regiment No: 4.3 & 2 under the
command of Colonel J. Stewart of the Maryland line; and
that I continued in the service aforesaid until the close of the war, when I was regularly discharged from the 
second regiment, commanded by Colonel J. Stewart
I further declare, that I have never received a warrant for the Bounty Land promised to me on the part of the
United States; nor have I ever assigned or transferred my claim in any manner whatsoever: [crossed off: therefore],

[The following paragraph is crossed off]
Known all men by these presents, that I, [blank] aforesaid, do hereby
constitute and appoint [blank] to be my true and lawful
attorney, for me and in my name to demand and receive from the Secretary of War of the United States, a warrant
for the quantity of Land due to me as aforesaid; and my said attorney is hereby fully authorized and empowered to
constitute and appoint one or more substitutes or attorneys under him, for the special purposes above expressed.

Attest,     Thomas X ^his mark^ Elliott
Subscribed and Sworn to before 
me this 23d April 1828. Jn N. Mouldus. Justice of the Peace

[The remainder of this page is crossed off]
I, [blank] aged [blank] years, do, upon
oath, declare that I have been long acquainted with [blank] who has sub-
scribed the above declaration in my presence, and well know that he is the identical person he therein represents him-
self to be; and further, I know, or do believe, that he did perform the military service therein stated.
Attest,
--
Before me, [blank] 
personally appeared the above named [blank] subscriber to the foregoing
declaration, and in my presence acknowledged the power of attorney thereto subjoined, to be his free act and deed; 
and, likewise, personally appeared [blank] who hath subscribed the above 
certificate of identity, both to me well known to be men of respectability and truth, and made solemn oath to the truth
of the depositions by them respectively subscribed, this [blank] day of [blank] 18
Justice of the Peace.
--
In testimony that the abovewritten [blank] was a magistrate
authorized to administer oaths, and take acknowledgments, & c. in the State of [blank] at
the above date, and that his name there subscribed appears to me to be his usual signature, I have hereunto affixed the
county seal, and subscribed my name and quality, at [blank] this [blank]
day of [blank] 18
C.Clerk, &c.
[finger pointing to the right] This law expires 3d March, 1827.

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34805

Rev^y INVALID.  [illegible initials]

[left edge of page obscuring words]

le No. 34,805
Priv   Rev  War
Act:  18th March  18 [illegible]

dex:-Vol. 8, Page 124

[Arrangement of 1870]

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John M. Hepburn Esq
Ad. Gen^l Office
Washington

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Baltimore 18t February 1829
My dear Sirs,
I have delayed answering your letter of 
30th [illegible] in the expectation of seeing or finding out where
Thomas Elliott lives or might be found - so far I have not
succedid - he formerly lived somewhere in the South Wulorn
section of the City perhaps a mile & half from my office, as 
he frequently complained of the inconvenience & fatigue he
experienced in coming so great a distance; being by
trade a shoemaker & not keeping a shop himself he is of 
course an obscure character & not easily found and 
especially as old [underlined: George Miller] a pensioner who lives
in the neighborhood of Mrs Johnston has departed this life
they always came together- Whether this man may have
removed from Baltm. to Georgia & not making a new
demand I know not, but can only say that although
[underlined: poor] he always appeared to be a decent respectable man.
That may have been the terms used by me in my letter
by Elliott of copied 1820 I do not recollect, I can only
say that from [crossed out: illegible] ^vanous^ conversations had with him
retation to different offices known to me & other circum-
stances I was well [illegible] and together with the Judges
of the Court satisfied he had served as stated by him

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in the service of the United States in the Continental 
establishment-but I did not intend to certify that
I did possess [begin underline] personal [end underline] knowledge of his service during
the war-but seeing his certificate from the Auditors office
at Annapolis.  Seeing a certificate from Peter Verney
that he was the man who bought said Elliotts State
Bounty Land [illegible] being 50 acres in Alleghany County
which certificate remains in my Desk. Elliotts original
Pension from the U.S. will be found on the Pension List Roll
of the Maryland agency-No.14125, which has been continued
under the act of 1820.  Elliott has further identified
himself before the Legislature of Maryland, who on the 2d
March 1827 granted him a state pension for the half
pay of a private during life, for his service during the
Revolutionary War.  This would not have been granted
without satisfactory evidence.  And in the absence of
Elliott or better testimony I beg leave to enclose the
rough draught of his original declaration taken
from himself in January 1819.  Elliott is entirely illiterate and could
not have made up his statements from reading the
events of the War------------------------

This is a poor man who [illegible] a connection
of mine who made a declaration [illegible] 1818 but never
executed it in consequence of his holding property at that

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time exceeding the limits set by the Secretary of War
rig: He has a life stake in 100 acres of very poor land in
Batm. County. badly improved [and adjoining Lot of 100same
quality rents on 40$ per anm] he at that time had 8 negros
all of whom have died except One Girl - himself & wife
being old and each of them absolute cripple are utterly
incapable of helping themselves or looking after their little
concerns whereby thin stock have died up and they now
in abject poverty - His memory has so far failed him
that I cannot depend upon his report in the manner
in which he [crossed out: Hates] is his name to "James Hamilton," he
says he enlisted under Cap Lynn, he thinks it was
David Lynn or Lynd, [smudged text: illegible] have mishand his declaration
but I noticed his saying he enlisted in Fredk..County..that
he was under Major Alex..Roxbury & he say & "Col: Gaither"
I do not recollect any Col: Gaither. but knew Cap: afterward
Major Gaither - says he was discharged at Frederick Town
where he had been sent to guard prisoners & mentions that Genl.
Otho H. William, signed or his name was on his discharge ^which lost in [illegible]. his
diclaration I have mislaid & himself unable to come to the City or
I would obtain full [illegible] - The object of this is to beg of
you as an act of humanity cast your eye over the Role &
shoud James Hamiltons name appear thereon I will hint the old paper
up or when convenient make out a new one - I would be a 
real charity to obtain justice for this poor cripple - he called his Capt:
Lidd, then Lynn or Lynd - he mentioned to me many circumstances
of the Southern Army which induced me to believe him - have been 
serisly affected with Rheumatism. Respectfully DLynn. & Tho. Bailey.

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John M. Hepburn Esq;
Adjutant Generals Office
Washington
[illegible]Mr Tho. Elliot

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Baltimore Md April 1828
Dear Sir
The luaw Thomas Elliott, a Revolutionary Soldier
who is on the Pension List, observing his name to be in the
list of those who had not obtained their Land Claims, hes
determined to go to Washington himself - Will you my
Dear Sir aifluenced to direct Mr..Elliott how to preceed
in prosecuting his claim? I do [illegible] all the Documents
majory will be found in the Department of War -
He originally enlisted at Annapolis in Cap. Henry Gaithers
Company in Aug ~ 1781 - 4th Regiment - believe said
Company was transferred to 3d ch. Reg: commanded by Col.
Steward, commonly called "Mad Jack" - after joining Gen:
Gruny army believes the 3d & 2d were comoledald, [crossed off: illegible] still under
Col Steward - discharged at Fredkc. Town at the close of
the War by Major Harmon about the month of Dec 1783
he had been previously under the command of Cap. John Mitchel
and also L. Geo. Warner - but marched to Fredk. Town Banachy
previous ^to^ his discharge by Cap. Brice Order
Any Services rendered W. Elliott will be Cheerfully
Acknowledged by Dear Sir your friend LHal L
Thos Bailey

John M Hepburn Esq}
adj. Genl. Offices}

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M-L- Pension Office
Tho. Elliott
Washington

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Balt. 13 Sep. 1819
The luarn Thomas Elliott whom
papers have been made out by
me and forwarded after hapery
the signature of Judge Brice and
who appears to have been [illegible]
at the R.B of the U=S= at Batic
previous to 4, Sep= 1819 has grown 
so impatient at not receiving
his pension certificate that he
"is determined to go down and know
the cause of it"! - he belonged
to 2a. ch. Regt. Commanded by
Col. John Steward - 
Respectfully - Tho Bailey

Said Elliot & Jos Fisher have lawrally sworn that they have

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not recd. their pension certificats -

[bottom left of the page; vertically written: Dear]