Revolutionary War Pension and Bounty Land Warrant Application File S. 16796, William Fitzgerald, Md.

Page 1

(S-1776)

SERVICE
Md.

Fitzgerald, William

NUMBER
S. 16796

Carded.

CONTENTS

Page 2

[two panel page; left panel follows]
Indiana} 637
[crossed out: North Carolina]
____________________
William Fitzgerald
of Guilford in the State of N. Car.
who was a Min in the - commanded
by Captain -- of the Regt commanded
by Col Smith in the Md:
line for 2 years -
____________________
Inscribed on the Roll of North Carolin[page torn here]
at the rate of 80 Dollars -- Cents per annum,
to commence on the 4th day of March, 1831.
____________________
Certificate of Pension issued the 28. day of Feby:
1833 and sent to oul &.
Shepperd HR
____________________
[page torn]rears to the 4th of Sept 1832   120
[page torn]nl. allowance ending [illegible] 40
_____
$160-
{Revolutionary Claim,
{Act June 7, 1832.
[page torn]ded by Nathan Rice, Cler[page torn]
[page torn]D Vol. 8 Page 30-

[right panel follows]
cir. Ln. May 27.-35
____________________
To Indiana cl, fr. 4. Sept. 1834
June 5. 1835.-
____________________
See [crossed out: Celtu Aug. 22d 1835 to A. Ray]
Oct 15 " to Same
[crossed out: For to Hon. L. Cass, Oct. 29. 1835]
Pen cert sent to Pew. Centerville,
Inda. Nov 17. 1835 agreeably to
A. Ray's regment.

Page 3

Washington July 20th 1836
Sir/
In submitting the case of William
Fitzgerald, for your consideration and decision.
I will be seen by the Secretary of War's letter
N.G. that but a single point remains for
consideration to wit, the identity of the applicant
in endearing to satisfy the Department on this
point, I addressed a letter to the Hon. Jno Ewing
of Indiana, requesting that he would obtain
for me if possible, the identity of his constituent
the applicant. By Mr Ewings letter which I
take the liberty to enclose, you will perceive, that 
he acted a agent for Charles Fitzgerald the present
applicants brother; and as there appeared as first
some difficulty in establishing the case of Charles,
it was made clear in cousequence of being iden
-tified by a brother then living in North Carolina,
but now, in Indiana. Charles who took the benefits
"act 15 May 1828" is dead, but it is shown by Mr Ewings
letter, that his case was admitted upon the certificate
of the present applicant William.
Apart from this, I would respectfully beg
to ask the question. That if the certificate from the register of the Land Office at Annapolis Maryland,
in connexion with a statement of W Fitzgerald services
in 1833 be considered as sufficient evidence, as is  
admitted by the report of the Com of Pension to the Secy

Page 4

of War, to establish his case made the "act of June 1832,
should not the same decision, and upon the same princi-
=ples which was then adopted, hold good under the
"act 15 May 1828", to which the 'act of June 1832" is a supple-
=mentary act. It is difficult by any ordinary rule of
resasoning to conceive how it applies otherwise, If I am
correct in my perception in this plain may, does
not the applicant really stand identified to the act, he
now applies for, upon the very constniction which admited
his identity with the 'act of June 1832."

I cannot but hope, -Sis, that upon an [illegible]
into the merits of the case, did the points upon which 
it seems to rest, that your view of it will accord with 
my own and that, as the head of the Department to 
which the subject probably belongs, you will take such
order there in, as may secure to my constituent
the relief as for.

I hav the honor.
to remain your. 
very ob. sevr.
Alex. Ray
Attn in fad. for W. [illegible]



Hon. A.C. Harris
Acting Secretary of War.

Page 5

State of North Carolina}
Guilford County}
On this 20th day of November 1832
personally appeared in open court, before Wm Adams
Benj Ross & Wm Parmarr ---the court now
Letting. William Fitzgerald, a resident of Guilford
County, aged Seventy four years or thereabout - who being
first duly Sworn according to law doth on his oath make
The following declaration, in order to obtain the benefit
of an act of congress passed June the 7th 1832.

That he entered the Service of the United States
under the following named officers, & served as
herein Stated. - 

That he belonged the 2nd Regt of Maryland
State troops, that he lived in the County of
Carlile in the sd. State of Maryland - at about the age
of 21 years. to the best of his recollection, in the
month of August 1778 he became a Substitute
for one Resden Bosman - who undertook therefore
to provide for his widowed mother and two children.
that he marched to Philadelphia under Col.
Smith & Capt Shepherd, was there armed and
cloathed, returned to Anapolis in the sd. State
of Maryland - Marched thence under Genl Gess
to North Carolina where he joined Genl Green
at Rouyleys Mills in sd. State - Thence to the
Cheraw Hill in South Carolina thence to

Page 6

Guilford, North Carolina by way of Salsbury
was detached with a party to Prince Edward Co
V.a. for Stores og. when the battle at guilford
was fought, - that he rejoined the army at
Ninetisix South Carolina, was wounded at the
Siege of that place, in an attempt to storm the
enemies works under Capt Huger. - marched
from there to the high hills of Santee thence to 
Camden - was in the action at hobkirk hill also
at fort thompson - thence to Bacons bridge
& the Eutaw Springs under Col Sumpter as
ei pe late, was in the action at the Springs
under Cols Stuart & Egleston & Capt
Price - That he marched thence to Charleston
was Stationed on James Island where he
remained until peace was made - that he
was then embarked on board the Comadore
Nickleson Seventy oun & returned to Anapolis
in his native State of Maryland after an
absence of about five years. That he was
there released on furlough for a few months
when he was called in and regularly discharged
That he hath lost his discharge by this 
burning of a house in which it was deposited
& that he hath spent five years of the prime of
his life in the Service of the United States -
without compensation. being now old and
infirm he throws himself on the bounty of

Page 7

Wm. Fitzgerald
William F. Jerrell

Declaration
Pension

3
[illegible] 8 Feby. 1833
Approved
Adimd
$80 per 
ann
___

Entd___

Hon. A. W. Shepperd

Page 8

his government
He hereby relinquishes every claim whatsoever
to pension or annuity except the present and
declares that his name is not on the pension
roll of the agency of any State.
Sworn to and Subscribed the day and year aforesaid
Alex Hanner Clk    Wm x ^his mark^ Fitzgerald

We Christopher Vickrey a clergyman residing in
the County of Randolph and James Polk
residing in the County of Guilford hereby certify that 
we are well acquainted with William Fitzgerald
who has subscribed and Sworn to the above
declaration. that we believe him to be at least
Seventy four years of age that is reputed and
believed in the neighborhood where he resides to 
have been a soldier of the Revolution, and that
we concur in the opinion.
Sworn and Subscribed this day and year
aforesaid.  Christopher Vickrey
James Polk
AE Hanner fff

And the Sd Court do hereby declare their
opinion,[smudged word] the investigation of the matter and
after putting the interrogatories prescribed by the
war department that the above named applicant
was a revolutionary Soldier & Lived as he

Page 9

States. And the court further certifies that
it apears to them that [blank]
who has signed the above certificate is a clergyman
resident in [blank] and that
[blank] who has also signed the same is a resident in [blank] and is a credible
person & that their statement is intitled to
credit.
B; Ross JP
Wm Pumar JP
William Adair JP


State of North Carolina
I Alfred E. Hanner clerk of the court of pleas & quarter Sessions for
the County of Guilford.
Do hereby certify that the foregoing contains the Original proceedings
of the Said court in the Matter of the application of William
Fitts Gerald for a pension
In testimony whereof I have hereunto set my
hand and affixed the Seal of said court at office
this 30th day of January 1833
A.E. Hanner fff

Page 10

November 3, 1936.

BA-J/ILL [illegible]
William Fitzgerald
S. 16796

Mrs. Oran E. Ross
200 East South Street
Winchester, Indiana.

Dear Madam:

Reference is made to your letter in which you request the
Revolutionary War record of William Fitzjerrel who died in Randolph
County, Indiana, in 1851, aged 105 years.

The data which follow were found in pension claim, S. 16796,
based upon service of William Fitzgerald in the Revolutionary War.

William Fitzgerald was born in Maryland; the date and the
county, were not stated.

While a resident of Maryland, he enlisted in "Newtown,
Chester," Maryland, and served as private under Captains Shepherd, Price
and Huge, Colonels Smith, Gist, Stewart and Eceleston in the Maryland
troops; he was in the battle of Hobkirk's Hill, Siege of Ninety-Six
and Eutaw Springs, following which he was stationed on James Island un-
til "Peace was made".  He stated that he was wounded in the elbow, no
details given in regard to said wound.

William Fitzgerald was allowed pension on his application
executed November 20, 1832, at which time he resided in Guilford County,
North Carolina.  He stated then that he was "aged seventy-four years
or thereabouts".   His name was not shown Fitzjerrel.

In October 1834, the soldier moved to Wayne County, Indiana;
in October 1835, he stated that he was "aged ninety-one years in Decem-
ber next", and was referred to as of Randolph County, Indiana.

In 1836, the soldier's brother, Charles Fitzgerald, was de-
ceased.  There are no further data regarding the soldier's family.

[Note: Mrs. Finch read this before
it was sent out in 1836. JLL]

Very truly ours,

A. D. HILLER,
Executive Assistant
to the Administrator.

Page 11

[Two columns]
[Left column]

16,796
INVALID.

No. 16,796
William Fitzgerald
Pri Rev War

Act: June 7" 32
Index:--Vol. 1, Page 126

[ Arrangement of 1870. ]

[Right column]

Oct. 7/93 Sent. Hist. to H.
City
1932 - June 10 - Hist to Mrs.
John Boggs - ILL. see letter
John Fitzgerald-BL W.764-
300 acres.
1932-Dec. 5 - Hist. to Pauline S.
Winchaux-ILL
36 Nov. 3-Hist. to Mrs. Oran E. Ross-
ILL

Page 12

Hon. Lewis Cass
Sec. of War
Oct 29. 1832.

Report in the case of
Wm Fitzgerald, privt. act 1832,
applies for the benefits of
the Act of May 15. 1828.
_____

G C

Record. [illegible] 27 encircled page 440

Page 13

Recd 14 Oct 1835.

Washington Oct. 14. 35

Sir

I enclose an application of
William Fitzgerald, for the benefits act of
Congress "15 May 1828."  with his pension certificate
under the act 7 June 1832.

I am very
respectfully
Your Obt. Sv

Alx. Ray

Page 14

Phil. 22nd Janry. 1835

Sir

I have this moment recd your
letter of yesterdays date; and shall be obliged
to you to return me the letter of G. G. Brewer Esq.
enclosed to you I my letter of the 14th.

I am respectfully
Your. Obt Sv.
Alx. Ray

Page 15

Phil. 22nd Janry. 1835

Sir

I have this moment recd your
letter of yesterdays date; and shall be obliged
to you to return me the letter of G. G. Brewer Esq.
enclosed to you in my letter of the 14th.

I am respectfully
Your. Obt Sv.
Alx. Ray

Page 16

Philadelphia
1 Feby. 1836.

Sir

Your letter dated 25th post marked 30th
[illegible] was received this morning, enclosing me
G. G. Brewers letter.

I am very
respectfully
Your Obt. Sv
Alx. Ray

Page 17

P. S.

I had the honor to address you a letter a few days
since in relation to the claim of William Fitzgerald to the
"act 15 May 1828,"  Since which I feared that I may
not have been sufficiently explicit to be understood.
When your time would allow to review the case, that you
would to give the attendance of Mr. Gordon of the County
Lan Office, as the claim is now before him for bounty
Land.  He has examined and evidently misunderstood
it.

Alx. Ray
30 Oct. 1835

Page 18

[roman numeral I] 1. The Deposition dated Nov 29 1832. states that William
Fitzgerald was then seventy four years old or "thereabout."
The Rev. Christopher Vickery, and James Polk, who [following words lined through: "knew him] were
well acquainted" with him certify [begin underline] that he is at least" [end underline] that age in the same
paper [remainder of sentence blotted out}

The same deposition states that he entered the army in
Augt 1776 being then about 21 years of age.

This would make him seventy eight at the time of
signing the deposition.

2. The second deposition dated Oct 3. 1835. states with great minute
refs that the said William Fitzgerald, would then be "in
December next." [begin underline] ninety one[end underline] years old.  A discrepancy of [following word lined through: seven] four-
teen years, [following lined through: as to the material point of his age respecting first 
old people are usually well informed] between this as the former
deposition [following lined through: made three years before.]. According to these statements [following lined through: he] if he
was 91 in 1835, he was [word blotted out] 33 instead of [word blotted out] "about 21" when he entered
the army in 1777.
If he was [word blotted out] seventy four, in 1832, he was about 17
when he entered the army as stated in the first dep. in Augt 1776 instead of
21 as sworn to to in [words lined through] same [word lined through] documents.

There is a variation between these statements as to the material
point of his age respecting which old people have generally
a vivid and clear recollection obviously irreconcilable.

2.  The First Deposition states that Fitzgerald entered the
service of the U.S. "in the month of August 1776" coupled with

Page 19

Case of William Fitzgerald claiming pension under
Act of May 15. 1828.[begin underline] and Bounty Land.[end underline]

This claim is founded upon two affidavits
of the applicant, setting forth services [illegible]  [following word lined through: one] The first was made [following word line through: at] in
Guilford Co N. Carolina Nov 20. 1832 and upon the statements
of which, corroborated by a certificate from the Land Office
at Annapolis, the deponent was allowed a pension of
$80 per an. commencing on the 4th March 1831.  The Second was
taken in Wayne Co Indiana (to which place it is represented
that the deponent had removed) Oct 3d. 1835.  Upon a careful
examination of these depositions which must be received as
the best and most authentic evidence extant bearing on
the case, [illegible] a comparison of their respective [following word lined through: statements] data
with historical facts, there will be formed not only such a strik-
ing discrepancy of statement between both as cannot be [words lined through] accounted for
[word lined through] on the greatest admitted extent of a senile im-
becility of memory, [word lined through] but such palpable confusion of
events as [words lined through] is improbable to reconcile, by even
the widest latitude of construction, with the authen-
tic history of the time.

These anomalies of evidence and narrative can
be best exhibited by [word blotted out] a comparison of the depositions
with each other [word blotted out] and a comparison of their statements
of fact with the known history of the time

Page 20

at the siege of that place, in an attempt to storm
the enemies works "under Capt Sluger".

The 2d Depn. says with equal minuteness that he received this wound (a
severe one, in the elbow) at the Battle of Eutaw Springs
The attempt to storm Fort Ninety Six was made May
25 1781 and the Marylanders on that occasion were led by
Lt Duval (not Sluger).  [words lined through] A "severe wound"
received there, would scarcely have permitted his being at the
Battle of Eutaw Springs (Sept 8. 1781).  Still less is it likely
that the place or period of receiving such a wound, could
be confounded with another by a soldier.

5. The 1st Depn states that "he hath spent five
years of the prime of his life in the service of the United
States without compensation".  [word blotted out]

The 2nd Depn says that he received "a certificate
of pay" for $80 which he sold for $18 "which was the
only pay" he received for his services.

Besides this direct contradiction of the two statements
on a subject too, so little likely to [words lined through] be forgotten
The Certificate [following word lined through: of] from the Land Office in Annapolis which
is brought forward as such undeniable proof shows that
a "William Fitzgerald" received a total of pay as gra
tuity of $283.30/100 commencing with the 1st Augt. 1782 and
ending 1st January 1783.  So that [words lined through] [begin underline] this [end underline] William Fitzgerald
ald, cannot certainly be the one referred to.

6. The above discrepancies [word blotted out] sufficient to overthrow
any testimony [illegible] independent of a suspicious latitude
of statement, which of itself without the most liberal [word blotted out]

[Remainder of page not provided]

Page 21

is a circumstance which would seem to have minutely
impressed the time on his memory viz that he entered
"as a substitute for one Resden Bosman who un
dertook therefor to provide for his widowed mother
and two children".

The 2d. Depn. states expressly that he entered in the year
1777 "shortly after the Battle of Brandywine."  Here then
likewise is a great public event and not likely to be confounded
in the memory.

The Battle of Brandywine was fought 11th Sept 1777.  The
first Deposition says he entered the army in "Augt. 1776."  A difference of 13 months
and of a nature in [word blotted out] either case that cannot be
accounted for by any physical weakness of memory.

3.  The 1st Dep. states that he "was [word blotted out] detached with
a party to Prince Edward Co Va gathering stores [illegible] when
the battle at Guilford was fought".  [words blotted out]

There is a minuteness of testimony which besides its own
plausibility would seem still further corroborated by the
fact mentioned in Gen Green's correspondence that about that
time [word lined through] 375 of the Maryland line were employed on this every service, collecting stores etc (Greens Life Vol 1, 435).  But its credit is destroyed by a totally
opposite statement in the 2d affidavit, which expressly
says "[begin underline] I was in the battle of Guilford [end underline]."

4. The 1st Depn. says that he was [following word lined through: wounded] at
the Siege of Fort Ninety six, and "was wounded at

Page 22

allowance for a wandering and age impaired memory 
[word blotted out] would destroy the [word blotted out] credibility of the most [following word lined through: the] plausible evidence 
[words blotted out] but are rendered still further & remarkable
by another [words blotted out] specific allegation, which if true would
of itself utterly [word blotted out] contravene, even the [word blotted out] possibility 
of all the other statements.  He says in the 1st Depn. that
he marched under [word blotted out] "General Giss to North Carol
ina now General [begin underline] Gist [end underline] not (Giss) joined General
Green (in So Car) with the reinforcements from Maryland [word blotted out] in the
beginning of the year 1782.  [begin underline] Some months after all the above
mentioned Battles were fought, [end underline] and [words blotted out] very shortly be
fore the close of the [word blotted out] campaign & war, we find Green
writing to Gist (then in Maryland collecting these [illegible] in Jan
1781 so that he could not have gone with any previous de
tachment (Greens Life Vol 1, 395). As it is altogether improbable that he
could have mistaken the name of the General under
whom he marched, this historical fact would seem to
render any further investigation unnecessary.  But the Report
prescribed by the Commissioner of Pension Oct 29 1835 in
this very case shows other, and more minute variations from 
fact, which [word blotted out] coupled with those now brought
forward, cannot fail to leave the impression, [illegible] either that
[begin underline] this [end underline] William [word blotted out] Fitzgerald is not the one who ente
ed in the Maryland Line, or that the whole case is a 
forgery got up with [words blotted out] such a slight appearance of plausibility
as to derive from that circumstance alone, a species

Page 23

of credence, under the belief, that the least accomp
listed villainy would [illegible] have ventured to
proceed so clumsily and unguardedly in the
work of deception.

Page 24

The State of Indiana } 
Wayne County } Ss.  I William Fitzgerald of the County
of Randolph aged ninety one years in December next do
upon oath testify and declare that I entered the service of the
United States in the year 1777 shortly after the battle of Brandywine
but the precise date owing to the loss of memory I cannot now state
I enlisted under one Capt. Richard Andrews a recruiting officer
for and until the end of the Revolutionary war, and served
in the Second Regiment in the Maryland continental line until
the end of the war.  I served as follows and under the following
named officers, I enlisted at Newtown Chester Maryland and
marched from thence to Annapolis under one Capt. Shepherd
whose given name I do not recollect and from thence to
Philadelphia under the command of Col. Stewart, and lay there
a short time and were then marched to Baltimore and from
thence we were detached to the South under Gen. Green, and
Capts. name of I recollect right was Huge, we passed from
Baltimore through Alexandria, Petersburgh Va. Hillsborough
N.C. and joined Gen. Greens main army at Rugeleis
Mills South Carolina. I continued with the army of Gen.
Green until after the battle of Eutaw Springs.  I was in 
the battle of Guilford at the siege of ninety six and the
battle of Eutaw Springs.  At the last named battle I received a
severe wound in my left elbow.  I was marched after the last
named battle to Santee S. Carolina and lay there some time
from thence was marched to James Island South Carolina
we lay there eight or nine months to the best of my recollection 
under command of Col. Stewart, from thence we were ship-
ped to Annapolis, Maryland and immediately furloughed
home until further ordered.  That was to the best of my recollec-
tion in the year 1782 in the fall of the year. Sometime after
the proclamation of peace we were called in by proclamation
to Annapolis and were discharged.  I received a written discharge
which has since been destroyed by fire in my brothers house.  The
time of service including the furlough was near six years during all 
which time except the said furlough I followed no civil pursuit
at the time of my discharge I received a Certificate of pay for

Page 25

a sum of money I do not recollect perhaps it was for eighty
dollars, which I sold for eighteen dollars in money which was
the only pay I received for my services.  I am now receiving a
pension from the United States under the act of the "7-June
1832, and am applying for the benefit of the act of
the 15 May 1828. When I first received my pension under
the act of 7. June 1832 I resided in North Carolina and
afterwards in the fall of the year 1834 I removed to the
State of Indiana where I now reside.

William -\ his mark Fitzgerald

I David Forehand aged thirty three years do upon oath declare
that I have been acquainted with William Fitzgerald
who has subscribed the above declaration in my presence
and well know that he is the identical person he therein
represents himself to be, and further I believe he did perform
the military services therein stated.  David Forehand

Before me Daniel Stratton Esq one of the Justices of the Peace
of the County of Wayne State of Indiana personally appeared
the above named William Fitzgerald 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 David
Forehand 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 3d. day of October
A. D. 1835.  Given under my hand
Danl Stratton Justice of the Peace

Page 26

Know all men by these presents that I William Fitzgerald of the County of
Wayne in the State of Indiana do hereby constitute and appoint Alexander Ray
of the District of Columbia my true and lawful attorney with a power of
substitution for me and in my name to receive from the United State the amount
of pay now due to me under the act entitled "An act for the relief of certain 
surviving Officers and Soldiers of the Revolution" approved 15th May 1828 and
a Solider in the [word blotted out] Second Regiment of the Maryland line of the Army of
the Revolution.

Witness my hand and seal this 4th day of October in the
year of Our Lord Eighteen hundred and thirty five.
Signed sealed and delivered.  William -/ his mark Fitzgerald [word seal encircled]

in presence of the word "Second"
in the 7th line [illegible] before signing.
John S. Newman

State of Indiana } Ss.  Before me Daniel Stratton a justice of
Wayne County } peace in and for the County of Wayne in the State
of Indiana personally appeared this day William Fitzgerald whose
name is subscribed to the foregoing power of Attorney and acknowledged
the same to be his act and deed, and also declared that the same
was not given by reason of any sale or transfer or of any attachment
levy or seizure by any legal proceeds whatever of the pay therein
authorized to be received, and that the said pay is intended to
enure wholly to his personal benefit.

Witness my hand this 4th day of October in the year Eighteen
hundred and thirty five.
Danl Stratton J. Peace

State of Indiana }
Wayne County } Ss.  I Saml Hannah Clerk of Wayne Circuit Court
of the County of Wayne in the State of Indiana do hereby certify that
Daniel Stratton Esqr. before whom the foregoing power of Attorney was
acknowledged is a Justice of the Peace as above and that the
foregoing signature purporting to be his is genuine.

In testimony whereof I have hereunto set my hand
and affixed the seal of the said Wayne Circuit Court
at Centreville this 4th day of October A.D. 1835.
Saml. Hannah, CWCCC

Page 27

1778  

1832
1778
_____
 54

1778
1832
____
46

1832
1778
____
54
21

Page 28

Applon for
Transfer

Page 29

The State of Indiana }
Wayne County } Ss.  Be it remembered that on the
fifteenth day of May A.D. 1835 the same being the fifth
judicial day of the Wayne Probate Court of the term
of May in the year aforesaid then personally came
into open Court the same being a Court of Record
William Fitzgerald who being duly sworn upon
his oath says he is the identical William Fitzger-
ald named in the following Pension Certificate
No 6375 which reads as follows to wit, " War
Department Revolutionary Claim I certify that
in conformity with the Law of the United States
of the 7th June 1832 William Fitzgerald of the
State of North Carolina who was a private in
the Army of the Revolution is entitled to receive
Eighty dollars per annum during his natural
life commencing on the 4th of March 1831 and
payable semi annually on the 4th day of March
and 4th of September in every year. Given at
the War Office of the United States this 28th
day of February One thousand eight hundred
and thirty three  Lew Cass Secretary of War"
"Examined and Countersigned by J. L. Edwards" and
the said William Fitzgerald on his oath further
says that his said pension is payable at Fay-
etteville North Carolina by the President of the
United States Branch Bank at this place and
he has drawn his said pension up to the 4th day
of September A.D. 1834 and that his said pension
since that time is unpaid and in arrears  And
that he removed from the State of North Carolina 
in the month of October 1834 and arrived and
settled in the County of Wayne State of Indiana
where he now resides and that he is desirous to
receive his said pension in the State of Indiana

Page 30

and wishes to be placed on the Pension Roll for
the State of Indiana and to receive his said pension
at the Branch Bank of the State of Indiana at
Richmond in said County of Wayne.

Subscribed and sworn to in open }
Court the 15 day of May 1835 } William |/ his marked Fitzgerald
Samuel Hannah Clk }

The State of Indiana }
Wayne County } Ss.  Be it remembered that at
the same time and place and before the Court
aforesaid came personally David Forehand of
Lawful age who being duly sworn on his oath says
he is acquainted with the said William Fitzgerald
and that he is the identical William Fitzgerald
named in the foregoing Pension Certificate No. 6375
and further says not.  David Forehand

Subscribed and sworn to in open }
Court May 15 1835 }
Samuel Hannah Clk } And the said Court
after having heard the testimony and seeing and inspecting
the case do give it as their opinion that the said
William Fitzgerald is the identical William Fitzgerald
named in the foregoing Pension Certificate No. 6375.

I Samuel Hannah Clerk of the Wayne Probate
Court do certify that the foregoing contains the original
proceedings of said Court in the matter of the applica-
tion of William Fitzgerald for a change of the place
of payment of his Pension.

[Blurred seal of the Court]

In testimony whereof I hereunto set my
name and affix the seal of said Court
this 15 day of May A.D. 1835
Samuel Hannah Clk

Page 31

The State of Indiana }
Wayne County } Ss. I Samuel Hannah Clerk of
the Wayne Circuit Court do certify that Daniel Stratton
Esqr whose name appears to the foregoing certificate was
at the time of signing the same a justice of the peace within
and for the County of Wayne duly commissioned and sworn
into office and fully authorized by the Laws of this state
to take acknowledgements and administer Oaths and
that the signature purporting to be his is genuine.

In testimony whereof I hereunto set
my name and affix the seal of said
Court at my office in Centreville Indiana
this 3- day of October 1835
Saml Hannah CWCC

Page 32

War Dept
Pension Office
Oct. 29. 1835

Sir,

In the case of William Fitzgerald,
referred to in the enclosed letter, I have the honor to state to you
that his claim under the act of June 7. 1832 was admitted
on the evidence contained in his declaration and a certificate
from the Register of the Land Office at Annapolis, Md.
In that declaration he alleges that he belonged to the 2d. regt.
of the Maryland line.  The Register of the Land Office certifies that William Fitz-
gerald received pay from August 1, 1780 to November 1783.  This certificate
was deemed sufficient to show that a man of that name
served at least two years in the Maryland line; and in the
absence of [word blotted out] other proof, this was considered sufficient under the
established rules of evidence to authorize the Dept. to grant a
pension.  [Sentence lined through]  I very much [word blotted out] doubt however, on a review of the
case, whether the applicant performed [words blotted out] the service as set forth in either of the de-
clarations he has made.  [Sentence lined through] 
In his declaration under the act of 1828 he swears that he
entered the service in 1777, shortly after the battle of Brandywine, in the 2d.
regt. of the Maryland continental line; that he enlisted with Capt. Richard Andrews at Newtown, Chester, Mary-
land; marched to Annapolis under Capt. Shepherd; thence to Philadelphia under
Col. Stewart and afterward to Virginia and the Carolinas, was at Eutaw
Springs etc. etc. and while at the South he says he served under Gen. Green

Page 33

and Capt. [begin underline] Hugo [end underline]-At the time of his discharge he says that he
received "a certificate of pay for a sum of money I do not
recollect, perhaps it was for $80, which I sold for 18 dollars in money
[begin underline] which was the only pay [end underline] I received for my services."  In the declaration
under the act of 1832 he stated that he enlisted in August 1778; that he lived
in [begin underline] Carlisle [end underline] Maryland, when he enlisted; that he marched to Philadelphia under Col.
Smith and Capt. Shepherd, marched to the south &c. and gives the names of
Gen. Gist, Gen. Greene, [following lined through: Capt. Huger], Colonels Sumpter, Stewart and Eggleston,
and Captains [word lined through] Huger and Price as officers under whom he served.  It does
not appear that any captain or other [illegible] officer named Andrews ever belonged to the Maryland line; neither did Col. Stewart or [following lined through: Capt. Shepherd belong to that line.  Here were
or] any other of the above named officers, except [following lined through: Captain Price] Col. Eccleston (not Eg-
gleston) and Cape Price.  [following lined through: There were two Captains named Price; and it is very
important in this case.]. I pass over the geographical mistakes, and the discrepanc-
cies between the first and last declaration, as much ignorance and
forgetfulness may [following lined through: occasion mistakes] exist where they may be a very honest
claim; but it is submitted to the Hedd of the Dept. to say whether [word blotted out] statements do [illegible]
[illegible words lined through] at variance with each other can be relied on.  [following lined through:  It is worthy of [illegible]
that in his first Declaration he swears that he was [illegible]].  The enclosed
letter states that "every corroborating statement goes to sustain his assertion
[The next sentence has been completely blotted out] but the writer has wholly omitted to point out
these corroborating statements.  Here should have described the documents,
affidavit, and specified the particular parts wherein the claimants statements are
corroborated.  [following lined through: The If it makes a statement which [illegible] corroborates, it is almost that the former is sustained by the latter.]. The applicant in both declarations swears
that he belonged to the 2d. Maryland rgt. but he mentions no material facts
then that he is the same man who was discharged from the 3d. regt.  It 
appears that there was a man named, William Fitzgerald, who was
discharged from the [word blotted out] 3d. regt. but if the applicant was the same
man he should [word blotted out] give the names of the [following lined through: regimental and] field and compan
officers of that regt. under whom he served, and show why he was transferred
to the 3d. regt. before he was discharged.

[The following sentence was written vertically in the left hand margin.]. It is very clear that if he never received any other pay than the certificate for $80, which he says is all he received, he could not have served either in the 2d. or 3d. regt.

In no case has a claim ever
been admitted, when the roles and the applicant's statements [word blotted out] were so widely
different.  If he could show that the 2d. regt. was consolidated with the 3d.
regt. or that the men of the 2d. were transferred to the 3d. regt. and give the
names of company and field officers who [following lined through: were] belonged to those
regiments, [following lined through: perhaps] some light might be thrown on the subject which perhaps
might result in a favorable decision.  But under present circumstances
the claim cannot be admitted without a departure from rules which
have [word lined through] been steadily adhered to [following lined through: for] ever since the [following 
lined through: Dept had existence.]
formation of the government.

I have the honor

Hon. L. Cass
Sec. of War.

Page 34

War Department.
Pension Office.
15th. Oct. 1835.

Sir,

The claim of William Fitzgerald,
under the act of the 15 May 1828, has been
examined, and I have to inform you
that the evidence transmitted is not deemed
sufficient to show that he enlisted for during
the war and served in the 2d. Maryland
regiment until the end of the war.

I am, Sir, very respectfully,
Your Obd. Svt.
J L Edwards
Commr. of Pensions.


Mr. Alexander Ray
George Town.
D.C.

Page 35

[Two columns]
[Left column]

27 May 1835
Pension Office
Mr. Burdine

[Right column]

William Fitzgerald

N.C.
to 
Indiana

Page 36

Recd 27 May

Centreville Indiana
20 May 1835

His Excellency Lewis Cass
Secretary at War

Sir Enclosed I forward to you
an application from William Fitzgerald a
Revolutionary Pensioner for a change of the place
of payment of his pension accompanying which
is his Original Pension Certificate.  I have
not in my possession the regulations provi-
ding the names in which a change of the 
the place of payment of pensions is made
and have drawn the application without
their aid.  If they are correct the change
will take place if not I must rely upon 
the courtesy of the property officers to return the
papers to me with such instructions as
will enable the Old man to accomplish
his purpose.

Respectfully,
John S Newman

Page 37

Alexr. Ray
Augt. 22 1835.
G.C

Record [illegible] 27 [encircled] page 286

Page 38

War Dept.
Pension Office
Aug. 22. 1835

Sir,

In reply to your letter in relation to
the case of William Fitzgerald, of Indiana, I have to inform
you that it is not in my power to determine upon the
evidence now in the office whether he is entitled to the
benefits of the act of May 15, 1828 or not.  It
appears that he served two years, but for what
period he enlisted I am not able yet to ascertain.
I, however, enclose herewith the form of a 
declaration for his guidance, according to your request.

Alexr. Ray, Esqr.
George Town
D. Col.

Page 39

Washington
July 14th 1836.

Sir/

You were good enough to say to me, in [illegible]
that you would look into, and decide upon the (pens
case of William Fitzgerald) respecting which you wrote
Col. McKenney.  I made several unsuccessful efforts
to see you in [illegible], but in consequence of your engage-
ments it seemed next to impossible to have an interview
with you.  Upon my return to the City a few days
since, I again called at your office, yesterday and to
day, and learned that on Monday you  [illegible]
leave the City.

I have respectfully to ask, that you be good
enough to request the acting Sect. of War in your
absence to examine and decide upon the case, or to
give me a note to him to that effect.  I am perfectly
willing to submit the case to his judgement.

I have the honor,
to remain,
Your Obt. Svt.
Alex. Ray

Hon. L. Cass Sect. of War

Page 40

George Town Oct 27. 1835

Sir

It has become my duty to beg your
indulgent consideration of the case submitted.

During the year 1833, William Fitzgerald a sol-
dier of the Maryland continental line applied for
the benefits act of Congress "7 June 1832 (ignorant at
that time there existed any law for his further benefit)
and it appears that he was admitted under such act.

He is now applying for the benefits "act 15 May 1828"
and in his declaration sets forth as having served to the
end of the war and every corroborating statement goes
to sustain his assertion, to wit his officers, the battles, his
discharge, gratuity &c.  Yet upon an examination of the case
which was admitted in 1833 (which we must presume
was considered sufficient both as to service & identity) and
there can be no question but that he is the same individ-
ual for he sends his certificate for pension "act 7 June 32
and from the mere disparity of statements that he served
in the 2d. and seems to be returned as having served in
the 3d. regt. is in the opinion of the commissioner of pensions
sufficient grounds to reject his claim under the act 15
May 1828.

Again Mr. Brewer of Annapolis Register of the Land Office 
states, that there was but one William Fitzgerald of the
Maryland continental line who served to the end
of the war and was paid the gratuity of 80$.  He is
borne upon the Maryland rolls as a [illegible].  He is
also returned as entitled to bounty land from the

Page 41

United States, in consideration of his faithful servi-
ces to the end of the war, the head of that office has
now rejected the claim to bounty land, neither has
he admitted it.

Under those circumstances I take the liberty
to submit to your collected judgment the case hop-
ing that you will require the whole case to be laid
before you.  That you may be enabled to give it a
rightful disposal.

I have the honor to be
Your most obt. svt.
Alx. Ray
atty in fact. [illegible]


Hon. L. Cass
Secty. of War.

Page 42

Georgetown Aug 17th 35

Sir.

I received ten days ago, a letter from
William Fitzgerald of Indiana requesting my aid
in obtaining for him, the Land Bounty provided
by the State of Maryland, and by the United States,
for his revolutionary services.

He states, he "enlisted shortly after the Battle of
Brandywine, and served to the end of the war in the second regt. Md. cont. line under var-
ious officers. He entered the service at Newtown Chester
Maryland, and marched from there to Annapolis [illegible]
from Baltimore he was detached, under Gen Greene to the 
south, was engaged in the battle of Guilford; siege of
Ninety-six; and at Eutaw Springs, recd. a severe wound in 
his left elbow; & and was finally discharged at Annapo-
lis."

I immediately wrote to Mr. Brewer, Annapolis and sent 
his service as set forth, and have recd. a certificate for Fifty
acres of Land, in Allegheny County Md.  Mr. Gordon of the 
bounty land office informed me, that one hundred acres of
land is due to William Fitzgerald of the Md. Cont. Line--
& can be obtained by proper form of application, which form I
now have.

Mr. Fitzgerald is [word blotted out] under the recd. of of a pension
for $80. "act 7 June 1832," be pleased to inform me
as his attorney if he cannot relinquish for the benefits "act 15
May 1828". his case does not appear to me as excluded by 
the 3d. sect of the last mentioned act, and be released also

Page 43

to instruct me, the forms you require for him to relinquish.

I am with great
respect
Your Obt. Svt.
Alx. Ray

J. L. Edward Esqr.
War Department

Page 44

[Written vertically in left margin]
Jan 16.
Wm. Fitzgerald
case
No 6375

[illegible stamp]

James L. Edwards Esqr. [illegible]
Commissioner of Pensions
War Department
Washington

Page 45

Philadelphia 14th Jany. 1836

Sir,

In November last I submitted to
the consideration of the Secy. of War the case of William
Fitzgerald a solider of the Maryland continental
line, claiming the benefit of the "act of 15 May 1828,"
and bounty land; and asked of the Secty. a
report in the case, with a view in the event of an
[illegible] one, to take the case to Congress, the
Secy. thought "it improper to grant the relief asked."

I am not prepared to say, upon what ground
or view the Sectys. decision was made; but I conjec-
ture his opinion was formed under the impress-
ion that you were entirely correct in the report
you made to him which was enclosed to me.  There
are some standing points in the report upon which
we differ, two of which I will only here [illegible].

William Fitzgerald in his declaration
states he served in the 2d. Md. Regt. and that during
the period of his service he was under various
officers, but does not state that all the officers
were of the Maryland Line, but he mentions
more particularly than the rest, the name of
Col. Steward as the Col. he served under.

In your report to the Secty. of War, you stated that
"neither Col. Stewart, nor any of the above named
officers (including evidently Capt. Hugon) had ever
belonged to the Maryland Line."  Having an entire
list from the records [following words lined through: of the] at Annapolis of the Mary-

Page 46

officers, and upon examination I perceive that
Col. Stewart and Capt. Hugon [illegible] repre-
sents as Md. officers, being engaged; the matter
so rested till the 29th [illegible] when I addressed a Letter to
the Regr. of the Land Office at Annapolis to as-
certain the fact: whether or not, Col. Stewart & Capt.
Hugon were attached to the Maryland Line.  I here-
with enclose you his answer, this I fancy will
place the claim of W. Fitzgerald to the "act of 15 May 1828"
in a different point of view, it seems that after the
battle of Eutaw Springs 8 Sept. 1781, he was under com-
and of Col. Stewart.

In his first letter to me he mentions the fact of the
wound he recd. I the engagement Eutaw Springs, in
his declaration the same fact is reiterated; I wish not
to enter into argument at the present time, but simply
submit the his point in the case; to wit, that Col.
Stewart & Cpt. Hugon as is shown by the letter of
the Regr. Land Office Annapolis as having been of the
Maryland Line, and [illegible] so states in the report
from the head of the bounty Land office in his report
to the Secty. of War, presuming upon the statement of
these two gentleman, I may ask, if under the errone-
ous impression & otherwise exemplified, is not the state-
ment of W. Fitzgerald corroborated by the fact; and entitled to the "act 15 May
1828."

Excuse one more remark, you state: "It appears that
there was a man named William Fitzgerald who was
discharged from the 3d. regiment, but if the applicant is
the same man he should give the names of the field &

Page 47

company officers," & "If he can't then that the
2d. regt. was consolidated with the 3d". As for the classi-
fication of soldiers or regt; it is presumed impos-
sible that a private soldier could be able to explain 
that point. Such a classification if it ever did
take place may have been done within the
knowledge of Mr. Fitzgerald and even after the war,
he adheres to the fact, that he served under Col.
Stewart of the 2d. regt. and, Mr. Brewers certificate
[word illegible-page is torn] that Col. Stewart was of the 2d. Maryland Regt.
[begin underline] and upon an examination you will find that as
late as the month of March 1783, Col. John Stewart [end underline]
(further was but one of the name in the Md. line) [begin underline] was
in command of the Maryland Continental line; [end underline]

Be pleased to favor me with an early answer
and if the case should not meet with a favorable issue,
be good enough to return me the letter of Mr.
Brewer enclosed.

I am your
most respectful &
Obt. Svt.
Alx. Ray

J. L. Edwards, Esqr.
War Department.

Page 48

MAR Aug 5 1936

Veterans Administration Dept
Washington D.C.

Would you please
send me the service
record of William
Fitzjerrel, Revolutionary
soldier who died in
Randolph County, Indiana 
in 1851-aged 105 yrs.
[handwritten calculation: 1851 minus 105 equalled 1746]

Page 49

Thanking you

Mrs. Oran E. Ross
200 E South St.
Winchester Ind

[Circular time and date stamp:
Arrow pointing up to [illegible]
RECEIVED
AUG 10 1936
MAIL SUB. DIV.
VETS. ADM.
READER #15]

Page 50

W.D. SIMMONS, JR.
FRANK M. SIMMONS

W.D. SIMMONS, SR., MANAGER

PAULINE SIMMONS ROBICHAUX
MARY EMMA SIMMONS

SIMMONS PROPERTIES 
RETAIL STORE LOCATIONS
OWNERS SINCE 1862

HIGH POINT, N.C.

RECEIVED
NOV 28 1932
MAIL SUB-DIV.
U.S. VET
5
READER
[stamped in black ink]

November 25, 1932

Veteran's Administrations, 
Washington, D.C.

Gentlemen:
Will appreciate greatly any information
you can give me regarding "William Fitzgerald [underlined, check marked], Private, Guilfrod County, Md. Cont'l line $240, Mar. 4, 1831- 73 years. The above information is taken from "Roster of Soldiers in American Revolution", page 434.

Yours truly,
Pauline Simmons Robichaux [signature]
Pauline Simmons Robichaux

Page 51

December 5, 1932.

Pauline Simmons Robichaux
High Point
North Carolina.

BAJJ/ILL
William Fitzgerald
S. 16796

Dear Madam:
Reference is made to your letter in which you request the record of William Fitzgerald, a Revolutionary War soldier.

The data given below all obtained from the papers on file in pension claim, S. 16796, based upon the Revolutionary War service
of William Fitzgerald.

William Fitzgerald was born in Maryland, the date, and the county not stated.
~"Revtown, Chester," Md. [written in]

While a resident of Maryland, William Fitzgerald enlisted and served as private under Captains Shepherd, Price and Hugo and Colonels Smith, Gist, Stewart and Eccleston in the Maryland troops; he was in the battles of Hobkirk's Hill, Siege of Ninety-Six and
Eutaw Springs, following which he was stationed on James Island until "peace was made". He stated that he was wounded in the elbow, no details in regard to said wound.

He was allowed pension on his application executed November 20, 1832, at which time he was a resident of Guilford County, North
Carolina, [caret of illegible word] He was then "aged seventy-four years or thereabouts".

In October,1834, the soldier moved to Wayne County, Indiana. In October, 1835, he stated that he was "aged ninety-one years in
1835 December next": he was then referred to as of Randolph County, Indiana.

In 1836, Charles Fitzgerald, the soldier's brother, was deceased.

There is no further reference to the soldier's family.

Very truly yours,
A. D. HILLER,
Assistant to Administrator.

Page 52

June 10, 1932.

Mrs. John Boggs
138 West Union Street
Circleville, Ohio.

BAJJ/ILL
XXXXXXXXXXXXXXX
William Fitzgerald
S. 16796

Dear Madam:

The data furnished herein relative to William Fitzgerald are obtained from the papers on file in pension claim, S. 16796, based upon his service in the Revolutionary War.

William Fitzgerald was born in Maryland, date and county not stated.

While a resident of Maryland, William Fitzgerald enlisted and served as private under Captains Shepherd, Price and Hugo and Colonels Smith, Gist, Stewart and Eccleston in the Maryland troops; he was in the battles of Hobkirk's Hill, Siege of Ninety-Six and Eutaw Springs, following which he was stationed on James Island until "peace was made". He stated that he was wounded in the elbow.

He was allowed pension on his application executed November 20, 1832, at which time he was a resident of Guilford County, North Carolina. He stated then that he was "aged seventy-four years or thereabouts".

In October, 1834, the soldier moved to Wayne County, Indiana. In October, 1835, he stated that he was "aged ninety-one years in December next": he was then referred to as of Randolph County, Indiana.

In 1836, Charles Fitzgerald, the soldier's brother, was referred to as deceased.

There is no further reference to the soldier's family.

Because of the very large number of requests similar to yours, and the lack of clerical force available for finishing Revolutionary War data, the records of only two soldiers are sent to each inquirer.

Very truly yours,
A.D. Hiller,
Assistant to Administrator