Revolutionary War Pension and Bounty Land Warrant Application File S. 5931, for Major Pitts, Virginia
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Virginia

Pitts, Major

S. 5931

carded
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Paid at the Treasury under the Act of the 6 April 1838 from 4 Sept 1837 to the 4 March 1838. Agt. notified 25 Jany 1839.

12110
Virginia -
Major Pitts -
of Northampton in the State of Va
who was a pr- in the - commanded by Captain - of the Regt commanded by Col: Mathews in the Va: - line for 2 years -

Inscribed on the Roll of Virginia at the rate of 80 Dollars - Cents per annum to commence on the 4th day of March, 1831.

Certificate of Pension issued the 25 day of March 1833 and Sent to V. Ellis - Accomack CH. - Va.

Arrears to the 4th of March 1833 160
Semi-anl. allowance ending 4 Sept - 40
$200
{Revolutionary Claim, Act June 7, 1832.}
Recorded by Nathan Rice Clerk,
Book E Vol. 6 Page 21-
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Major Pitts
10.365
Claim for Pension
Virginia Continental 
Line



Four Sheets
Vespasian Ellis Esqr
Drummond town
Virginia
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At a Quarterly Court held in & for Northampton County, at the 
Court house thereof, on Tuesday the 10th day of September 1832
State of Virginia Northampton County
      On this 10th day of September 1832 personally appeared in open
court before the Justices of the Court of Northampton County now
sitting Major Pitts a resident of said County & State, aged about 78
years who being first duly sworn according to the law, doth on his
oath make the following declaration in order to obtain the benefit
of the act of Congress passed June 7 1832--that he enlisted in the
year 1776 as a soldier under Capt Smith Snead in the 9th Virginia
Regiment on continental establishment commanded by
Col. Mathews for the term of two years & that he was appointed a
Serjeant in said company during the same year & served as such
till taken prisoner at Germantown that he marched to the north..
was in the battle of Germantown & Brandywine & was taken prisoner
at Germantown & carried to Philadelphia Gaol & confined
there eight months & upwards , & there exchanged & soon after 
returned home having been absent in service & imprisonment 
two year & several months--that he made an application for
a pension in 1831 which he understood was refused in consequences
of his pecuniary situation although he thought he was poor
enough to be entitled to it--that he was well acquainted with
Col. Cropper, Col. Levin Joynes--Major Poulson, Capt. Darby, Capt.
Thomas Snead, Major Smith Snead & all the officers in the continental
Line from Accomack & Northampton--that he was
born in Northampton County & always resided there--that he 
was born in Northampton County & always resided there--that he 
has no record of his age but has always understood that he waws
born in 1755 from his relations & ancestors--that he received
a discharge from service signed by General Peter Muhlenburgh
which he has long since lost--that he is well known to General
Severn E. Parker Col. Littleton Upshur--Judge U.P. Upshur & to
almost all the citizens of this County who can testify as to
his character for truth & veracity & their belief of his services
--that he is well acquainted with Levin Hyslop of
Accomack County who was in the same regiment & is now
living in said County & who can testify as to his services--he
hereby relinquishes all claims to a pension or annuity except
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the present & declares that his name is not on the pension roll
of the agency of any State--Sworn to & subscribed the day and
year aforesaid.

Major Pitts

We John Addison a Justice of the Peace & Robert James
residing in Northampton County hereby certify that we are
well acquainted with Major Pitts who has subscribed & sworn
to the above declaration & we believe him to be 78 years of 
age--that he is reputed & believed in the neighbourhood where
he resides to have been a soldier of the revolution & that we
concur in that opinion--Sworn to & subscribed the day & year aforesaid

J. Addison
Robert James

And the Court certifies that is appeared to them by satisfactory
evidence independent of the oath of the said Major Pitts that 
he served as he states. And the said Court do hereby declare
their opinion after putting the interrogatories prescribed by
the War Department that the above named applicant was 
a revolutionary solder & served as he states.--And the Court
further certifies that it appears to them that the said Major
Pitts could not without much inconvenience procure the attendance
of a clergyman, that John Addison is a Justice of
the Peace, in & for the said County & that said John Addison &
Robert James who signed the foregoing certificate are residents
of this County & are credible persons & that their statement
is entitled to credit.

State of Virginia
Northampton County Sch.

I, Nathaniel J. Winder, clerk of the court of aforesaid
in the State aforesaid, do hereby certify that the foregoing is a true
transcript from the records of the said Court.
               In testimony whereof I hereto set my hand as clerk
aforesaid & annex the seal of the said Court this thirteenth
day of September Anno Domini Eighteen hundred
& thirty two & in the fifty seventh year of our
foundation.

N. H Winder     Clerk
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BRIEF in the case of Major Pitts
County of Northampton in the State of Va
(Act 7th June, 1832.)

1. Was the declaration  made before a Court or a Judge? open Court

2. If before a Judge, does it appear that the applicant is disabled by bodily infirmity?

3. How old is he? 72 years

4. State his service, as directed in the form annexed.

Period.
In 1776
Duration of Service. Years, Months, Days.
2 Years
Rank. As a
Sergt
Names of General and Field Officers under whom he served. Gen.
Capt Smith Smeed - Col Math

5. In what battles was he engaged? Germantown, Brandywine

6. Where did he reside when he entered the service? Northampton Co Va

7. Is his statement supported by living witnesses, by documentary proof, by traditionary evidence, by incidental evidence, or by the rolls? Traditionary

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.
Richard Cutts
Examining Clerk.
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5931
Rev War INVALID.
File No. 5931
Major Pitts
Pri Rev War
Act: June 7th '32
Index:-Vol. M, Page 296
[Arrangement of 1870.]
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Major Pitts

Service for two years
from 1776 as a private
Colo Mathews V. Con line
$80 per ann

Vesspasian Ellis
Accomack CH
Va.
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BRIEF objections to the admission of Pension Claims, of which those answered in the negative, in red ink, will apply to the claim of Major Pitts Northampton 6th VA 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?  Yes

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 the 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
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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

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?

XIV.  If the applicant's name is not found on the rolls of military service, has he produced a witness or witnesses as to his service?
  If he has produced direct proof as to service, has the magistrate who administered the oath certified to the credibility of the witness or witnesses?  Yes
   Has the proper officer certified to the official character and signature of the magistrate as the regulations direct?  Yes

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? 

EXPLANATORY NOTES.

QUEREV.  In a case where the applicant cannot by reason of 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, & A. B. who, being duly sworn, deposits 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.
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It is important in all cases to determine with precision the period for which each 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. Some persons who apply for pensions merely state they served two years in the militia, &c. without specifying the tours; the names of the officers, and other particulars respecting their service. This form of a declaration is highly objectionable. It must in every case be clearly shown under what officers the applicant served; the duration of each term of engagement; the particular place or places where the service was performed; that the applicant served with an embodied corps called into service by competent authority; that he was either in the field or in garrison; and for the time during which the service was performed, he was not employed in any civil pursuit.
[notation sign 1]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 witnesses, and the official character and signature of the magistrate must be certified by the proper officer, under his seal of office.
[notation sign 2]QUERE XVI. Mode of authenticating papers.
In every instance where the certificate of the certifying officer who authenticates 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 paper which contains the affidavit, or other paper authenticated, the certificate must be attached thereto by a piece of tape or narrow ribbon, the ends 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.
[symbol of pointing finger]In every case where the clerk of the court, or other certifying officer, has no public seal of office, the certificate of a member of congress, proving the official character and signature of the certifying officer, should accompany the papers.
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TREASURY DEPARTMENT.
Second Comptroller's Office,
January 19th, 1839.

Sir:
Under the act of the 6th of April, 1838 entitled "An act directing the transfer of money remaining unclaimed by certain Pensioners, and authorizing the payment of the same at the Treasury of the United States," Major Pitts, - a Pensioner on the Roll of the Virginia Agency, at the rate of eighty Dollars per annum, under the law of the 7th June, 1832, has been paid at this Department, from the 4th of Sept, 1837, to the 4th March, 1838.
Respectfully, yours,
Albion K. Parris
Comptroller.

To the Commissioner of Pensions,
Present.
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Ves. Ellis
Accomack
CH

Isneau Fletcher
Major Pitts

free
is Cass
Secy at War
Washington City
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Acco C H Va} free
18 Septr
Hon. Lewis Cass
Secy of War
Washington City

10.344
10 345 Va
Isnea Fletcher
Major Pitts
Ellis
Pension Claims

Less 25
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Accomack Court House Virginia
Septr. 14, 1832

Sir I enclose you two claims for pensions under the late act of Congress & will thank you to apprise me of their final disposition - as soon as convenient & oblige yours
Ves: Ellis