Revolutionary War Pension and Bounty Land Warrant Application File S. 18662, James Witty, N.C.
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(3-1776)

SERVICE

NUMBER

N.C.

Witty, James

S 18662

carded

CONTENTS
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Hanneman & Hale Dec 20 1854

Ohio	No 13.454

James Witty

of Fayette in the State of Ohio

who was a Private in the Camp commanded

by Captain McCrary of the Regt commanded

by Col Clerk in the N. Ca.

line for North Carolina for 2 years

Inscribed on the Roll of Ohio

at the rate of 80 Dollars	Cents per annum

to commence on the 4th day of March, 1831.

Certificate of Pension issued the 25h day of July

1833	and Jesse Millikin

Washington Fayette Co Ohio

Arrears to the 4th of March 1833 $160.00

Semi-anl. allowance ending 4 Sept	40.00

$200.00

{Revolutionary Claim,}

{Act June 7, 1832.}

Recorded by F. S. Evans Clerk,

Book E	Vol. 8	Page 28
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Knoxville Ill Decr 11 1854

Comr of Pensions

Washington D.C.

Sir,

Mr. James Witty, who was a Pensioner, as per certificate dated July 25, 1833, No 13.454, died [illegible] at the County of Champaign and state of Ohio, on the 13h day of September 1842, having his son Jacob Witty as his Executor, and legatee, - Who wishes to know if there is any arrears, or increase of Pension due him as such. Please inform us.

Respectfully,

Hannaman & Hall

Certificate Recorded in Pension office, in Book E Vol 8 page 28. –
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James Witty

Fayette county

Ohio

look on NC. [illegible]

Send to Wm Hill

Adm 2 years.

$80-

Jesse Millikan, Clk

Washington,

Fayette

Ohio
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BRIEF in the case of James Witty of Fayette county in the State of Ohio

(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? 71

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.

Enlisted In 1777 in the regular army

Years,	Months,	Days.

3

As a

Gen. Washington

Capt Thomas McCrary first

Reg. Col. Ths. Clark

5. In what battles was he engaged? Monmouth, Charleston taken a prisoner and detained 14 months

6. Where did he reside when he entered the service? Guilford county, N.C.

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? Count

X Certify that the foregoing statement and the answers agree with the evidence in the case above mentioned.

J.E. Bradford.

Examining Clerk.
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The State of Ohio}

County of Fayette} [illegible]

On this 3d day of Oct 1832 personally appeared in open Court before the Judges of the Fayette County Court of common pleas now sitting James Witty a resident of Jefferson Township in the County of Fayette and State of Ohio aged 71 years next Nov. who being first duly sworn according to law doth upon his oath make the following declaration in order to obtain the benefit of the act of Congress passed June 1, 1832 that he entered the Service of the United States under the follow-ing named officers and served as herein stated. [illegible]

He, this affiant states, he entered the service of the United States in Guilford County in the State of North Carolina in the year 1777 on the 21 day of May. He this affiant Enlisted into the Regular army of the United States under the command of Capt. Thomas McCrowry of the first Regiment command by Colonel Thomas Clark. He marched soon after enlisting to Halifax in the said State of North Carolina, at this place the affiant states he deserted from the army and returned home. he was absent from the army about 6 weeks, he this affiant then [illegible] up to Lieut Robert Hays a Recruiting officer at Salsbury in the said State North Car-olina, he remained at this place during the winter, in the succeeding spring he marched to Pennsylvania and Joined the army at Valley Forge commanded by General George Washingt-on. From there he the affiant marched under the command
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Washington to Monmouth and was in the memorable battle fought at that place. from thence he marched to the white planes. The brittish were at this time in Norfolk. From the White Planes he marched to West-Point. After remaining at this place, West Point some time he marched to Charleston in South Carolina and was here taken prisoner by Lord Cornwallis. he remained a prisoner on land about 5 months and was then put abord a prison Ship where he remained 9 months From this place he was carried by water up James River in Virginia to Williamsburg. he was here exch-anged. From Williamsburg he marched under the command of Colonel Clark to Richmond in the Said State of Virginia, at this place he was discharged, his time having expired 9 days after he was taken prisoner at Charleston {on the agency of any State I hereby relinquish any claim to a pension or annuity whatever except the present & my name is not

1 Where and in What year were you born?

The affiant answers he was born in Guilford County in the State of North Carolina on the first day of Nov 1761

2 Have you any record of your age, if so where is it?

The respondent answers he has no record of his age

3 Where were you living when called into the service, where have you lived since the Revolution and where do you now live?

The affiant answers he lived in Guilford County in the State of North Carolina when called into service, where he remained until 1802 when he moved to Highland County in the State of Ohio where remained a short time and there removed to Fayette County in the State of Ohio where he now lives.
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4 How were called into the service, were you drafted, did you volunteer, or were you a substitute and if a sub-stitute for whom?

The affiant answers that he enlisted

5 State the names of some of the Regular officers who were with the troops where you served such Continental and Militia Regiments as you can recollect and the general circumstances of your service.

The affiant recollects several officers, Capt Bowman who was killed in defending Charleston. General Lincoln was comm-ander of Charleston and others whom he has spoken of in the body of his declaration, he recollects by one regiment besides the one in which he served, that was the 2d North Carolina Regiment, for the answer to the remainder of this question he refers to the body of his declaration.

6 Did you ever receive a discharge from the service, if so by whom was it given and what has become of it?

The affiant received a discharge from Colonel Clark, which he sent to draw his pay by Major Campbel (of the militia) who never returned it.

State the names of persons to whom you are known in your present neighbourhood and who can testify as to your character for veracity and good behaviour and your services as a Soldier of the Revolution

[illegible] Nicholas Robinson, Thomas Rankin, William Robinson, Jesse Millikan can so testify and they all live in my vicinity. There is no Clergyman in my neighbourhood.

Sworn to and Subscribed the day and year aforesaid.

his

James + Witty

mark

Teste Jesse Millikan clerk}

William Robinson and Thomas Rankin, residing in the Township of Jeffers Fayette County [illegible] and Nicholas Robinson residing in the same Township & County hereby certify that we are well acquainted with James Witty who has subscribed and sworn to the above declaration that we believe him to be 72 years of age, that he is reputed and believed in the neighbourhood where he resides to have been a soldier of the Revolution and we concur in the opinion

William Robinson

Sworn to and subscribed the day and year aforesaid

Teste	Jesse Millikan clk}

his

Thomas x Rankin

mark

his

Nicholas x Robinson

mark
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And the said Court do hereby declare their opinion after the investigation of the matter and putting the interrogatives prescribed by the War Department that the above named applicant is a Revolutionary soldier and served as he states. And the Court further certifies that William Robinson, Thomas Rankin, and Nicolas Robinson who has signed the above certificate are residents of the County of Fayette and State aforesaid and are creditable persons and that their statements are entitled to credit.

I, Jesse Millikan, Clerk of the Court of Common Pleas in and for the County of Fayette & State of Ohio do here-by certify that the foregoing contains the original procee-dings in the matter of the application of James Witty for a pension.

In testimony whereof I have hereunto set my hand and Seal of office this tenth day of October in the year of our Lord one thousand eight hundred and thirty two.

Jesse Millikan Clerk
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18662

INVALID.

File No. 18,662

James Witty

Pri Rev War

Act: June 7 32

Index:-Vol./, Page 422

[Arrangement of 1870.]
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This declaration was mutilated when case was opened by me March 3, 1910

A.E.P.
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Please return this
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State of North Carolina

Secretary of State’s Office

I, William Hill, Secretary of State in and for the State aforesaid, do certify that it appears from the muster rolls of the Continental line of this State in the revolutionary war that James Witty, a private Soldier in Capt M [illegible] Company of the 9th Regiment enlisted on the 21st day of May 1777 for the War and deserted in November 1779, and mustered again in May 1778. A warrant was issued for 48 months service of the said James Witty on the Certificate of a field Office.

Given under my hand this 9th April 1833

W Hill

The Declaration of James Witty is a rare in-stance of honesty, he is the first of the old Soldiers I have ever known acknowledge himself a Deserter.

W.M.
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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 James Witty of Fayette Co. Ohio 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 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 amout 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 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
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2

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 revolu-tionary service? No – three credible citizens testify

XII. If the clergyman’s affidavit has not been produced, is there any reason assigned for no obtain-ing it? Yes

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 witness 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?

Has the proper officer certified to the official character and signature of the magistrate as the regulations direct?

XV. Does it appear from any of the papers that the witness was in such a situation, or of such age, as to have a personal knowledge of the applicant’s service?

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 answered

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 recol-lection 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 in-definite, 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 objection-able. 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.

†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 magis-trate 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 authenticates the papers is not written on the same sheet of paper which contains the affidavit, or other paper authenticated, the cer-tificate 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.

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.