Revolutionary War Pension and Bounty Land Warrant Application File S. 10448, Elijah Clark, Va.

SERVICE
NUMBER
Va.
Clark, Elijah
S. 10448
CONTENTS
cancelled

Virginia 16.506
Elijah Blake of Charlotte in the State of Na who was a pr. in the Reg commanded by Captain of the  Reg commanded by Col. Mat in the Va line for 20 80 mo - pr - 1 70 - sum
Inscribed on the Roll of Virginia at the rate of 24 , Dollars 38 Cents per annum, to commence on the 14th day of March, 1831.
Certificate of Pension issued the 26 day of Sept 1833 Charlotte. Ct. Va and and  W. Robinson
Arrears to the 14th of Sept 1833. 60.95 Semi-ann. allowance ending Dec 1833. 12.19
48.75 12.19 160.95
873.14
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded by M. Price Clerk, Book 6 Vol. 6 Page 22 .

Elijah Clark
1590

State of Virginia Charlotte County To wit
On this 3 rd day of September 1832 personally appeared in open Court before the justices of the County Court of Charlotte now sitting Elijah Clark a resident of the said county and state of Virginia aged seventy three years who being first duly sworn according to Law doth on his oath make the following affidavit declaration in order to obtain the benefit of the act of Congress passed 7 th June 1832 in relation to the revolutionary soldiers. 1 st That about the 1 st of March in the year 177 7 he was drafted in the Militia for a term of 5 or 6 months and started from the County of Charlotte under the command of William Hubbard Captain and Samuel Henry Lieutenant both residents of Charlotte Coun- ty and marched direct to Salisbury N. Carolina the place of rendezvous (a company commanded by Capt. Goode of the same County also marched at the same time, They remained at Salisbury 4 or 5 weeks until the Troops under the command of Col. Mason arrived at Salisbury having marched from Hillsborough N. Carolina (the place of rendezvous). They then joined his regiment Capt. Hubbard was promoted and Lieu- tenant Henry became the Captain of the Company. The depo- nent thinks Col. Mason came from one of the Counties below Petersburgh Va, Col. Burwell of Mecklenburg County Va, was the next in command. The whole body then marched direct to Head Quarters at Stono Ferry South Carolina about 20 miles above Charlestown they here joined the division of the army commanded by Gen. Lincoln Gen. Butler was also an officer at the same place Gen. Moultrie commanded in Charlestown an action was fought between the Americans and British a few miles below Stono Ferry where the British was stationed under the command of the deponent thinks of Gen. Provost. The depo- nent was not engaged in the action but was employed the day preceding the battle to go and take possession of a parcel of Silver plate belonging to the Tories about 10 miles above head Quarters he thinks a Major Wynn commanded this party. After the Battle he formed part of a Guard to conduct pris- oners to Charlestown Captain Edmunds of Brunswick County Virginia commanded the Guard.

The deponent was then marched to Camden and there received a written discharge but has since lost it, he believes his discharge was signed by Col. Mason and was dated about the 20 th July, he reached his residence in Charlotte County on the 2 nd day of August - 2 nd About the 1 st of September 1781 he was drafted in the militia a second time for three months service and was marched direct to Yorktown Va. then in possession of the British under Lord Cornwallis, this Company was commanded by Capt. Robert Jennings and Lieutenant Gideon Spencer both residents of Charlotte County, After arriving at Yorktown the deponent was transferred to a company of Artillery commanded by Capt. Faulkner of Halifax County Va. and was made an orderly sergeant in said Company he remained there during the siege and saw the Surrender of the British to the Americans He frequently saw Gen. Washington and Gen. Lincoln He received a discharge from Gov. Nelson of Virginia which he has since lost and thinks it was dated about 23 rd of October he reached home the first week in November, he has no documentary evidence and thereby  hereby relinquishes all claim to a pension and all other allowances that his name is not on a pension roll of any agency of any state.  Elijah Blank  Black  Sworn to and subscribed the day and year aforesaid
We Wilshire Cardwell and Benjamin Marshall residing in the County of Charlotte hereby certify that we are well acquainted with Elijah Black who has subscribed and sworn to the above declaration that we believe him to be 73 years of age that he is reputed and believed in the neighbourhood where he resides to have been a revolutionary soldier and that we concur in that opinion.  Sworn and subscribed the day and year aforesaid  Wilshire Cardwell his mark  Benjamin Marshall his mark
And the said court do hereby declare their opinion after the investigation of the matter and after putting the interrogatories prescribed by the war department that the above named applicant was a revolutionary soldier and served as he states and the court further certifies that it appears to them that Wilshire Cardwell and Benjamin Marshall who have signed the preceding certificate are credible persons both are residents of Charlotte County and that their statement is entitled to credit - and the said applicant introduced in court as a witness Wilshire Cardwell said who being sworn deposed that the court

Applicant served in the siege of York with the Department. and the Comt. Certifies that he is a credible witness.
I William Robinson Clerk of the County Court of Albemarle, in the State of Virginia, do hereby Certify that the foregoing contains the original proceedings of the said Court in the matter of the application of Elyah Cook for a pension.
In testimony whereof I have hereunto set my hand and affixed my Seal of Office this 4 th day of September One thousand eight hundred and thirty two.
William Robinson C.

13 14 Elijah Clark
Latest amendment to his Declaration

Declaration of Elizah Clark in answer to the objection of the war department to the admission of his claim to a pension under the act of congress of the 7th June 1832 which objection is the want of proof that he served as a serjeant at the siege of Yorktown, (and marked in red ink on a card accompanying the return of his original declaration,
Virginia Charlotte County } to wit. On this 24 th day of August 1833 personally appeared before me the undersigned a justice of the peace in and for the said County Elizah Clark who being duly sworn makes the following answer to the objection of the war department viz the want of proof that he served as a serjeant, to the admission of his claim to a pension under the act of Congress passed June 7 th 1832 that there is no person now living within his knowledge who can testify to his service as a serjeant at the siege of Yorktown He further states that he deems the proof of his service as a private at Yorktown is established by the testimony of Wiltshire Cardwell attached to his original declaration and if the department will not grant him pay as a serjeant he claims his pay as a private at the siege of Yorktown and should they not be satisfied with this declaration as to the proof being of his service as a serjeant he hereby relinquishes all claim to his pay as a serjeant but claims his pension as a private for that service which if not sufficiently established by the evidence of Wiltshire Cardwell he can procure additional testimony of his service as a soldier —
Elizah Clark
Sworn to and subscribed before me Anderson C. Morton the day and year above written
Anderson C. Morton J. J. D.

Virginia, Charlotte County ss: I Willard Robinson Clerk of the County Court of Charlotte do hereby Certify that Auderson L. Morton is an acting Justice of the peace in and for the said County, and that his signature to the preceding Certificate is in his own proper hand writing.
In Testimony whereof I have hereunto set my hand and affixed the Seal of my Office this 11 th day of September 1833.
Willard Robinson

Amended Declaration of Elijah Clarke.
6

Amended Declaration of Elijah Clark a revolutionary soldier, made the 6 th day of March 1833.
Virginia Charlotte County to wit.
Personally appeared before me the undersigned a justice of the peace for the county of Charlotte Elijah Clark who being duly sworn makes the following amended declaration for the purpose of obtaining the benefit of the act of Congress passed June the 7 th 1832 and containing answers to the objections of the War Department to the admission of his claim to a pension under the said act of Congress which objections are contained in a brief accompanying the return of his original declaration and marked in red ink. The said applicant deposeth and saith that by reason of old age and the consequent loss of memory he cannot swear positively as to the precise length of his service but according to the best of his recollection he served not less than the periods mentioned below and in the following grades 1 st For four months and twenty days he served as a private in the militia in the state of North and South Carolina 2 nd For one month and twenty three days he served as an orderly sergeant in the militia in the state of Virginia and for these services he claims a pension. The applicant further saith in answer to the 2 nd objection of the war department marked in red ink in relation to the affidavit of the clergyman that his reason for not obtaining the affidavit of the clergyman is that there was no clergyman residing in his neighbourhood. The nearest  There to his residence lives full 8 miles off and he has not resided longer than 4 or 5 years. The applicant refers to the persons named below for evidence of their belief of his service in the revolution and who reside in his neighbourhood. In answer to the several interrogatories prescribed by the war department marked in red ink and not satisfactorily answered in his original declaration he returns the following in the order in which they are marked viz That he was born in the year 1759 in the county of Louisa state of Virginia 2 nd He has the record of his age in his possession written in his family book extracted from his father's family register 3 rd The applicant refers to the following persons living in his present neighbourhood who can testify as to his character for veracity and their belief of his

services as a soldier of the revolution viz to Henry P Scott Thomas Jackson Wittshire Cardwell Wyatt Cardwell and David Bartee.
Elizabeth G. Board
Sworn to and subscribed before me Joseph M Daniel this 6th day of March 1833.
Joseph M Daniel justice of the peace for the County of Charlotte
Virginia, Charlotte County Court. I Edmund Robertson Clerk of the County Court of Charlotte in the State of Virginia do hereby certify that Joseph M Daniel is an acting Justice of the peace in and for the said County duly Commissioned and qualified according to law and that his name signed to the foregoing Certificate is in his own proper and usual hand writing.
In testimony whereof I have hereunto set my hand and affixed my Seal of Office this 14th day of March 1833
Edmund Robertson

7590 Elijah Clark
E
Admuntas a pirata 4 22 / 30 leg 1 23 / 35 12. 324.38
Int 12%
Deer 6-
M. Robinson
Charlotte 6.
va
136.

7590
BRIEF in the case of  Elijah Clark  County of Charlotte  in the State of  Virginia  (Act 7th June, 1832.)
 1. Was the declaration made before a Court or a Judge? Court  2. If before a Judge, does it appear that the applicant is disabled by bodily infirmity? _____  3. How old is he? 73  4. State his service, as directed in the form annexed. 
   Period. Duration of Service. Rank. Names of General and Field Officers under whom he served.   Years, Months, Days.     Drafted In 1777, March — 4 20 private Gen. Capt. W m Gullbard   ditto 81 1 Sept r — 1 23 Ord rs Ser t Col. Mason Col. Burrell Gen. Lincoln Capt. Robt. Jennings  
 5. In what battles was he engaged? none Yorktown  6. Where did he reside when he entered the service? Charlotte City. Va  7. Is his statement supported by living witnesses, by documentary proof, by traditional evidence, by incidental evidence, or by the rolls? Traditional & oral witnesses  8. Are the papers defective as to form or authentication? and if so, in what respect? Correct 
I Certify that the foregoing statement and the answers agree with the evidence in the case above mentioned.
J. Waugh  Examining Clerk.

November 22, 1928
Margaret McCormack 725 Wash. Street Columbus, Indiana
Madam:
I advise you from the papers in the Revolutionary War pension claim, S. 10448, it appears that Elijah Clark was born in 1759, in Louisa County, Virginia.
While residing in Charlotte County, Virginia, he enlisted, March 1, 1779, and served about five months as a private in Captains William Hubbard's and Samuel Henry's Company, Colonel Mason's Virginia Regiment; after the battle of Stono Ferry, he was one of a guard under Captain Edmunds to conduct the prisoners to Charleston. He enlisted, September 1, 1781, and served in Captain Robert Jennings' Virginia Company, and marched to Yorktown and was transferred to Captain Faulkner's Company of Artillery and served as orderly sergeant, was at the Siege of York and served in all about two months.
He was allowed pension on his application executed September 3, 1832, at which time he was living in Char-

lotte County Virginia.
It is not stated that the soldier was ever married.
Respectfully,
WINFIELD SCOTT Commissioner.

Rev. Wars Section AMF/eel
February 9, 1929
Margaret McCormack 725 Washington Street Columbus, Indiana
Madam:
I advise you that in order to obtain the date of last payment of pension, the name of person paid and possibly the date of death of the Revolutionary War pensioner, Elijah Clark (S.10448) you should apply to the Records Division, General Accounting Office, Washington, D.C., citing all the following data:
"Elijah Clark, Certificate No.16806, issued September 26, 1833, rate $24.38 per annum, commenced March 4, 1831, Act of June 7, 1832", Virginia Gazette
Respectfully,
WINFIELD SCOTT Commissioner.

2-6-29
Mr Winfield Scott Coom.
Dear Sir:
You so kindly sent me a copy of pension papers of Eliz ah Clark Rev. soldier but there was no date of his death, and the D. A. R. so say I need it, Could you tell me when the pension stoped? Your letter gave War pension Clarin S. 10448 if that helps out any. pension executed Sept 3-1832.
Thank you for the last papers and help in this
Sincerely.
Columbus Indiana
Margaret McCormack 725 Wash St.

Rebman
10448 INVALID.
File No. 10,448
Elijah Clark
Supt. Rev. War
Act: June 1 st 1832.
Index:—Vol. 2 , Page 69
[Arrangement of 1870.]
1928 Nov. 22. Hrist R. Margaret Mc Cormack See letter in Joseph Clark, S. 308X3 Envg. 1929. Feb. 9. Margaret Mc Cormack & da- ughter R. H. Hester. Lots of land, hay etc Envg.

BRIEF objections to the admission of Pension Claims , of which those answered in the negative, in red ink, will apply to the claim of Elijah Clark which require further proof or explanation.
I. Does the declaration show where the applicant resides? yes II. Did the declarant make the declaration in the county where he resides? yes III. If the applicant did not make the declaration in the county where he resides, is there any reason assigned for his not doing so? ; IV. Has the declarant mentioned the period or periods of the war when he served? yes V. * Has he mentioned with precision the length of his service, and the different grades in which he served, in language so definite as to enable the department to determine to what amount of pension he is entitled? No VI. Has he given the names of the officers under whom he served, in conformity with the regulations? Yes VII. Has he made a relinquishment of every claim to any other pension than the one under the Act of June 7, 1832? yes VIII. Has the Court given their opinion? yes IX. Has the Clerk given his certificate? yes X. Is the Clerk's seal affixed? And if so, has it a device or inscription by which it can be distinguished from any other seal? yes

XI. Has the applicant obtained the evidence of a clergyman and another respectable citizen as to their belief respecting his age and the general belief in his neighborhood relative to his revolutionary service?
No Clergyman but 2 citizens
XII. If the clergyman's affidavit has not been produced, is there any reason assigned for not obtaining it?
No
XIII. If the applicant has no documentary evidence, and has not obtained the testimony of at least one living witness, has he stated in his declaration that such proof cannot be had?
There is a witness
XIV. † If the applicant has produced a witness or witnesses as to his service, has the magistrate who administered the oath certified that he, she, or they are persons of credibility? yes
Has the official character and signature of the magistrate been certified by the proper officer under his seal of office?
XV. Does it appear from any of the papers that the witness was in such a situation, or of such an age, as to have a personal knowledge of the applicant's service? yes
XVI. ‡ Are the papers authenticated as the regulations direct? yes
XVII. Are the seven interrogatories prescribed by the War Department answered satisfactorily? And, if not, which of them is not so answered? all
EXPLANATORY NOTES.
QUERE V. In a case where the applicant cannot, by reason of the loss of memory, state precisely how long he served, he should amend his declaration by making an affidavit in the following words:
"Personally appeared before me, the undersigned, a Justice of the Peace, &c. A. B. who, being duly sworn, deposeth and saith, that, by reason of old age, and the consequent loss of memory, he cannot swear positively as to the precise length of his service, but according to the best of his recollection he served not less than the periods mentioned below, and in the following grades: For _____ year _____ months and _____ days, I served as a _____. For _____ months and _____ days, I served as a _____; and for such service I claim a pension."

It is important in all cases to determine with precision the period for which the applicant served, and the particular rank he held, as the law directs the pension to be paid according to the grade of the pensioner and the length of his service. The use of the phrase about three or four months is too indefinite, and all such qualifying expressions are objectionable.
† QUERE XIV.  Proof of Service.
In a case where the name of the applicant is not found on the records of the Department, he must prove his service by two credible witnesses, who are required to set forth in their affidavits the time of the claimants entering the service, and the time and manner of his leaving the same, as well as the regiment, company, and line to which he belonged. The magistrate who may administer the oaths must certify to the credibility of the witnesses, and the official character and signature of the magistrate must be certified by the proper officer, under his seal of office.
‡ QUERE XVI.  Mode of authenticating papers.
In every instance where the certificate of the certifying officer who authenticated the papers is not written on the same sheet of paper which contains the affidavit, or other paper authenticated, the certificate must be attached thereto by a piece of tape or narrow ribbon, the end of which must pass under the seal of office of the certifying officer, so as to prevent any paper from being improperly attached to the certificate.
Proof of Service as Sergeant hunting