Revolutionary War Pension and Bounty Land Warrant Application File W. 25898, James Waits, Penn.
Page 1

(3-1776)
SERVICE
Pennsylvania
NUMBER
W, 25898
B.L.Wt. 27573-160-55
Waits, James or
Waites, Margaret
--------------------------------------------------
CONTENTS [blank]
Page 2

Ohio 19.742
James Waits
Of Brown Co in the State of Ohio who was a private in the Company commanded by Captain Skockley  of the Regt commanded by Col Crawfoard in the Penn a ?? for 1 year 4 months & 12 days

Inscribed on the Roll of Ohio at the rate of 54 Dollars 65 cents per annum to commence on the 4th day of March, 1831

Certificate of Pension issued the 29th day of August 1833 and sent to Thomas H Lynch Geo From Brown Co O

Arrears to the 4th of March 1833    $109.30
Semi-anl. Allowance ending 4 Sep 1833   27.32
$136.62

Revolutionary Claim
Act June 7, 1832

Recorded by F S Evans Clerk
Book E Vol 8 Page 219
Page 3

5072
Ohio Cincinnati
Margaret Waits
Widow of James Waits 
Pen
Who served in the Revolutionary war, as a Private.

Inscribed on the Roll at the rate of 54 dollars 65 cents per annum, to commence on the 2nd March 1855

Certificate of Pension issued 2nd day of April 1853 and sent to M Jamison Batavia Ohio

Recorded on the Roll of Pensioners under act
171 Vol

Reg & M55 – 219.65
Page 4

[Left Page, lots of faint scribbling in all directions]
March 3/55
21.965  
Margaret Waits W. of James Waits   Paid

Reve War
Pensioner
Feby 53- 50)2
AV :160 acres
 May 15/56

Boynton

M Jamiesin Clermont 
Baravia Co. Oh.


[Right Side]

Cir: to Wm Jamieson, July, 27/55
Let  to Wm Jamieson, (Illegible]:8
Let to Wm Jamieson, Dept. 27/55
[line illegible]



Vol  [illegible] , Page 16
Page 5

State of Ohio}
County of Clermont}
On this 24th day of March 1855 Personally appeared before me S F Norris Judge of the Court of Common Pleas within and for said County, Margaret Waits aged ninety two years a resident of Sterling township Brown County Ohio who being duly sworn, according to law, doth, on her oath make the following declaration, in order to obtain the benefit of provision made by the 2nd section of the Act of Congress, passed February 3, 1853; or other Act in such cases provided.
THAT she is the widow of James Waite deceased who was a private of the Revolutionary Army and who died in said County of Brown on the 2nd day of March 1855 - that her said Husband was a pensioner of the United States at the Ohio
Cincinnati, Agency at the rate of Fifty four 65/100 dollars per annum under Act of Congress of 7th June 1832. She further declares that she was married to him in Washington County in the State of Pennsylvania on the day of about 1791 that her name before her said Marriage was Margaret Livingood and that she has not again Married but is still the widow of the said James Waits
That she constitutes and appoints [Wm Barry crossed out] Wilton Jameson of Batavia
of Cincinnati Ohio her Attorney in the premises, with power of substitution, and to receive her Pension Certificate, which the request to be made payable at the Cincinnati Ohio Agency for paying Pensions.
attest
James Perrin}
Jonathan Smith}
her 
Margaret X Waits
mark
Sworn and subscribed, the day and year first above written, before me, and I Certify
[that the to on that said illegible crossed out]
Margaret Waits appeared in open Court and was sworn to the facts above by me-
S. F. Norris
Judge Com Pleas &c
Page 6

at same time and place personally appeared Abraham Smith and Harriet Widmer
Residents of Brown County who being duly sworn according to Law declare that they were intimate with the present Margaret Waits who signed & made the within declaration in the presence and her decd [deceased] Husband James Waits for 26
years preceeding [preceding] his death, that they lived together and were reputed man and wife, that the Said James died of their Knowledge on the 2nd day of March 1855 and was a pensioner of the United States at the rate of $54 65/100 per annum under Act of Congress of 7th June 1832- they further declare that the said Margaret has not married since his decease but is still a widow, and that they are disinterested witnesses.
Abraham Smith
her
Harriet X Widmer
mark
Sworn to and Subscribed before me the day and year first within written and I certify that the deponents are respectable & well entitled to Credit.
S. F. Norris
Judge Com Pleas
State of Ohio}
Clermont County} ss
I J. Milton McGrew Clerk of the Court of Common Pleas of Clement County Ohio - do hereby certify that S. F. Norris is now acting Judge of said Court in and for [illegible] County & State, and that said Court is a court of Record and that said Norris signatures above is genuine.
In testimony whereof I hereunto set my hand and official Seal this 24 day of March AD 1855
J. Milton McGrew Clerk
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21.965
Bounty Land
March 3d 1855
Margaret Waits
M. Jamesin Atty
Batavia
Cler. [Clermont] Co
Ohio
Page 8

STATE OF Ohio}
COUNTY OF Clermont}
On this 24d day of March 1855 Personally appeared before me a Justice of the Peace
within and for said County, Margaret Waits aged ninty [ninety] two years, a resident of Said County of  who being duly sworn, according to law, doth, on her oath make the following declaration, in order to obtain the benefit of provision made by the 8th section of the Act of Congress, passed 3rd March 1855
THAT she is the widow of James Waits decd [deceased] who was a private in the Army of the Revolution and who died in the County of Brown in the state of Ohio on the
2nd day of March 1855 - she further declares that her said Husband was a pensioner
of the United States at the Ohio Agency at the rate of $56 65/100 per annum under Act of Congress passed 7th June 1832 that she was married to him in the County of Washington in the State of Pennsylvania on the day of  (about 1791 that her name before her said Marriage was Margaret Livengood and that she is still a widow-
ATTEST
A. Smith}
Sarah Smith}
her
Margaret X Wait
mark
Sworn to and subscribed, the day and year first above written, before me, and I certify that I know the deponent and place confidence her statement, and that I have no
Interest in her claim 
James Waits J P
Page 9

At same time and place personally appeared Abram Smith and Harriet Widmer residents of said County who being duly Sworn according to Law declare that they were intimate with the present Margaret Waits and her decd [deceased] Husband James Waits for 26 years preceeding [preceding] his decease which took place to their knowledge On the 2nd day of March 1855. they further declare that the said James Waits was a pensioner of the United states at the rate of $56 65/100 per annum under Act of Congress of 7th June 1832 and that they are disinterested witnesses.
Abram Smith
her
Harriet X Widmer
mark
Sworn to and Subscribed before me the day and year first within written, and I Certify that deponents are well entitled to Credit
James Waits J P
Page 10

The State of
County of 
I J. Milton McGrew Clerk of the Court of Common Pleas in and for said  County certify that James Parsons before whom the foregoing affidavits were made was at the same time an acting Justice of the Peace in and for said County and that the signature  to same respectively subscribed is genuine and his proper name and handwriting.
In testimony whereof I have herein set my hand and affixed the seas of said Court this 24th day of March 1855  J. William McGrew Clerk
Page 11


State of Ohio
Brown County   SS   on this 28 day of September A.D. one thousand eight hundred and fifty five personally appeared before me Archibald McLain Justice of the Peace within and for the County and state aforesaid Margaret Waits aged 89 years and upwards who being first duly sworn according to law declares that she is a resident of Brown County in the state of Ohio that she is  the [word crossed out] identical person who was the wife of James Waits, that said James Waits was a private in the Revolutionary war, that he drew a pension under act of June 7th 1832 of fifty four Dollars and sixty five cents per annum that he is now dead. That this deponent now receives a pension as his widow under the act of February 3rd 1855 of fifty four Dollars and fifty five cents a year that her said pension was allowed on the [illegible] day of April 1855   Recorded in the pension office on the Roll of Pensions under act of February 3d 1853 page 171 Vol A she makes this declaration for the purpose of obtaining the benefit of the bounty land law of March 3d 1855.  She believes that proof compliant as to the service of said James Waits and of her marriage to him also of his death will be found in the pension office where it was deposited when her pension was granted as aforesaid. She says that she has not been married since the death of said James Waits but will remain his widow She has never received County [illegible] under this or any other law of Congress.  Sworn to and subscribed before me the day and year first above written.    Margaret  X [her mark] Waits

Archibald McLain

State of Ohio
Brown County    SS  on this 28 day of September in the year 1855 personally appeared before me Archibald McLain, Justice of the Peace within and for the County and State
Page 12

aforesaid James Holman and John Leonard who being each of them duly sworn according to Law depose and say that they are acquainted with Margaret Waits who has sworn to the foregoing affidavit that she now resides in Brown County in the state of Ohio in which place both the deponents live that she is the identical person she has represented herself to be in said affidavit and that these deponents are not interested in this claim or in its prosecution.
Sworn to and subscribed before 
me the day and year as above
written 

Attest  Archibald McLain the Justice of the Peace

James X [his mark] Holmes
John X [his mark] Leonard

I Archibald McLain the Justice of the Peace before whom the foregoing affidavits were sworn to, do hereby certify that James Holman and Joseph Leonard, who have sworn to the same are creditable persons  I also certify that the original pension certificate of Margaret Waits has been exhibited before me so that I have no doubt she is the person and pensioner she has declared herself to be in her affidavit on the first page of this sheet.  I further certify I am not interested in this claim or in its [illegal] and I also certify the I know said Margaret Waits to be the widow of James Waits dec.  At this time given under my hand and seal the day and year last written
Archibald McLain  J. P.  (seal)

The State of Ohio, Brown County SS
I Henry McKibben Clerk of the Court of Common Pleas in and for said County hereby that Archibald McLain (whose signature above is genuine)_ was on the 28th day of September  1855 a Justice of the Peace in and for said County duly commissioned and sworn, 
In testimony whereof I do hereto subscribe my name and office, the seal of said Court at Georgetown this day of October AD 1855.

Henry McKibben Clerk CCP
Page 13

James Waits
25236
Page 14

The State of Ohio Brown County Court of
Common Pleas April Term 1833ss
On this 29th day of April in the year of our Lord one thousand eight hundred and thirty three personally appeared before the honorable the Judges of the Court of Common of Pleas in and for said County James Waits as resident of the County and state aforesaid aged seventy one years who being first duly sworn according to law doth on his oath make the following declaration in order to obtain the benefit of the act of Congress passed June 7th 1832 
That in the month of May 1777 he entered into the service of the United States and served as herein stated - he served six months in the militia of Washington County Pennsylvania under Colonel Springer, deponent while serving in the militia was engaged in several skirmishes with the indians at Garrets Fort and on the waters of Whitely he was engaged the whole of the above tour against the indians In March 1778 deponent enlisted in Fayett [Fayette] County Pennsylvania for nine months the whole of which term he served out under Captain Stoakley of colonel Lauhery's Regiment and General Broadheads Brigade or command he was marched under the above named officers to Uniontown Hannahstown and Smiths station and to walls station thence to Pittsburgh where he joined the main forces under General Broadhead, he was then marched up the Alleghany river to Catanion station where he assisted to build a fort Colonel Byard took command of the forces that marched up the river-- deponent remained at this fort three months scouting against the indians. Deponent was then marched by General Broadhead higher up the river to Muncy town, where the whites had a sharp skirmish with the indians, he was then marched to Pittsburgh thence to Hannahstown where he was discharged by Captain Stoakley who gave
Page 15

deponent a written discharge which he has long since lost
In 1782 deponent states that he was out as a volunteer under Colonel Crawford [in crossed out] against the indians at Sandusky where Crawford was defeated on this tour he was out six weeks. Deponent states that he has a written record of his age, that he was born in Bartley County Virginia in March 1762 at the time he first entered the service of his county he lived in Fayett [Fayette] County Pennsylvania but served in Washington County as before stated - he never received but one written discharge which as stated has long been lost. deponent knew Captains Jack, Stoakley, and Springer, Colonels Lauherty and Byard, and General Broadhead there is no clergyman living in the neighborhood of deponent - he is well known to William Boyle Martin Bishop and others residents of Brown County by whom he can as he believes prove a good character for truth and veracity and that he is believed and reputed in his neighborhood to have been a soldier of the revolution - Deponent has procured the deposition of Philip Smith and Agnes Smith residents of Wayne [township crossed out] County Ohio by whom he can prove part of his services which depositions accompany this declaration. he knows of no other living witnesses by whom he can prove his services, he has lived at his present residence in Brown County Ohio for the space of twenty eight years previous to which period he lived in Kentucky 
Deponent has never received a pension he hereby relinquishes every claim whatever to a pension or annuity except the present and declares that his name is not on the pension
Page 16

roll of the agency of any state 
his
James X Waits
mark
Sworn to and subscribed the day and year aforesaid in open Court
G W King Clerk

We Charles D. McManaman and James Moorhead residing in the County of Brown and State of Ohio do hereby certify that we are well acquainted with James Waits who has subscribed and sworn to the foregoing declaration that we believe him to be seventy one years of age, that he sustains a good character for truth and veracity, that he is reputed and believed in the neighborhood where he resides to have been a soldier of the revolution and that we concur in that opinion
Sworn and subscribed the day and year aforesaid in open Court
G W King Clerk
CD McManaman
James Morland

[that the foregoing contains the original proceedings
of the said Court in the matter of the application of James Waits
for a pension. In Testimony where I have hereunto set
my hand and seal of office this sixth day of May in the
of an Lord one thousand eight hundred and thirty three
of King Clerk protem of
Brown County Ohio Xed out]
Page 17

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 before named applicant was a revolutionary soldier and served as he states and the Court further certifies that it appears to them that Charles D. McManaman and James Moorhead who have signed the preceding certificate are residents of the County of Brown aforesaid that they are credible persons and that their statement is entitled to credit
I G W King clerk protem of the Court of Common Pleas of the County of Brown Ohio do hereby certify that the foregoing contains the original proceedings of the said Court in the matter of the application of James Waits for a pension
In testimony whereof I have hereunto set my hand and seal of office this 6th day of May in the year 1833
G W King Clerk protem of
Brown County Ohio
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No 25236
James Waits
Brown Co
Ohio
[Return for crossed out]
Adm 1 year 4 months & 12 days.

Ths H Linch
Agent 
GeoTown 
Brown Co
Ohio
Page 19

WAR DEPARTMENT,

PENSION OFFICE,
5TH June1833

Sir:

The evidence in support of your claim, under the act of June 7, 1832, has been examined, and the papers are herewith returned.  The following is a statement of your case in a tabular form.  On comparing these papers with the following rules and the subjoined notes you will readily perceive that objections exist, which must be removed, before a pension can be allowed.   The notes and the egulations will show what is necessary to be done.  These prints to which your attention is more particularly derected. you will find marked in the margin with a brace, (this }).  You will, when you return your papers to this Department, send this printed letter with them; and you will, by complying with this request, greatly facilitate the investigation of your claim.

 A STATEMENT, showing the Service of James Waits, Brown Co. Ohio.


Column headings are:  

Period when the service was rendered.  

Duration of the Claimant's Service
Years     Months     Days

Rank of the Claimant

Names and rank of the Field officers under whom he served.  

Age at present, and place of abode when he entered the service.

Proof by which the declaration is supported. 
 

May1777   [blank] 6  [blank]  Private Col. Springer  71 years  Witnesses not stated.

Enl Mar78 [-] 9 [blank] [blank] Capt. Stoakley Washington Co. Pa. Witness not stated credible 

Vol 82  [-]  1   12 [blank] Col. Lauhery , Col. Byard, Col Crawfod [blank] Traditional Evidence credible by the Court

I am, respectfully, 
   Your obedient servant, 
J. L. EDWARDS, 
Commissioner of Pensions.
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2

REGULATIONS UNDER THE ACT OF JUNE 7, 1832.

The following regulations have been adopted:  
This law has been construed to extend, as well to the line, as to every branch of the Staff of the Army, to include under the terms "Continental Line",  "State troops", "militia," and "volunteers," all persons enlisted, drafted, or who volunteered and who were bound to military service, but not those who were occasionally employed with the army upon civil contracts, such as Clerks in Commissaries and to Store Keepers, &c. Teamsters, Boatmen, &c.  Persons who served on board of private armed vessels are also excluded from the benefits of the law, as well as persons who turned out as patrols, or were engaged in guarding particular places at night, and were not recognized as being in actual military service.  

Four general classes of cases are embraced in this law:  
1.  The Regular Troops.
2.  The State Troops, Militia, and Volunteers.
3.  Persons employed in the Naval Service. 
4.  Indian Spies.  

As rolls of the regular troops in the Revolutionary War exist in this Department, all persons claiming the benefit of this law as officers, non-commissioned officers, mucicians or privates, will, in the first instance, make application by transmitting the following declaration, which will be made before Court of Record of the County where such applicant resides.  And every Court having by law a seal and clerk is considered a Court of Record. 

DECLARATION

In order to obtain the benefit  of the Act of Congress of the 7th of June, 1832.  

State, Territory, or District of
County of                                   SS.
On this [blank] day of [blank] personally appeared (a) before [blank] A. B. a resident (b) of [blank] in the County of [blank] and State, Territory or District of [blank] aged (c) [blank] years, who being first duly sworn, according to law, goth on his oath make the following declaration, in order to obtain the benefit of the provision made by the act of Congress, passed June 7th 1832.  That he enlisted in the Army of the United States in the year (d) [blank], with [blank] and served in the [blank] (e) regiment of the [blank] line, under the following names officers:

(Here set forth the names and rank of the Field and Company Officers; the time he left the service, (and if he served under more than one term of enlistment, he must specify the particular period, and rank and names of his officers ;) the town or county and State in which he resided when he entered the service; the battles, if any, in which he was engaged, and the country though which he marched.  
[hand pointing to right symbol] This form is to be varied so as to apply to the cases of officers and persons who belonged to the militia, volunteers, navy, &c.)

He hereby relinquishes every claim (f) whatever to a pension or an annuity, except the present, and he declares that his name is not on the Pension Roll of any Agency in any State, or (if any) only on that of the Agency in the State of [blank]

Sworn to and subscribed the day and year aforesaid.   A. B. 
(And then will follow the certificate of the Court.)
And the said Court do hereby declare their opinion (g) that the above named applicant was a revolutionary soldier, and served as he states.

I [blank] of the Court of [blank] do hereby certify (h) that the foregoing contains the original proceedings of the said Court in the matter of the application of [blank] for a pension.

In testimony whereof, I have hereunto set my hand and seal of office (i) this [blank] day of [blank] &c.  

If, on examination of the proper record, the names of applicants, making such declaration, cannot be found, they will produce such proof as the rule given in note (j) points out.  
Every applicant who claims a pension by virtue of service in the State Troops, Volunteers or Militia, except those who belonged to the New Hampshire Militia and State Troops of Virginia, will make and subscribe a declaration similar to the foregoing, with the following additions, viz:  
(k) We, A. B., a Clergyman, residing in the [blank] and C. D. residing in (the same) hereby certify, that we are well acquainted with [blank] who has subscribed and sworn to the above declaration; that we believe him to be [blank] years of age; that he is reputed and believed, in the neighborhood where he resides, to have been a soldier of the Revolution, and that we concur in that opinion.  
Sworn and subscribed the days and year aforesaid.
(And then will follow the certificate of the Court.)

And the said Court do hereby declare their opinion, after the investigation of the matter, and after putting the interrogatories prescribed by the War Departmen, 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 A. B. who has signed the preceding certificate is a clergyman, resident in the [blank] and is a credible person, and that their statement is entitled to credit.  
I, [blank] Clerk of the Court of  [blank] do hereby certify that the foregoing contains the original proceedings of the said Court, in the matter of the application of [blank] for a pension.  

In testimony whereof, I have hereunto set my hand and seal [blank[ of office, this ]blank] day of [blank] &c.

Every applicant will produce the best proof in his power.  This is the original discharge or commission; but if neither of these can be obtained, the party will so state under oath, and will then procure, if possible, the testimony of at least one credible witness, stating in detail his personal knowledge of the services of the applicant, and such circumstances connected therewith, as may have a tendency to throw light upon the transaction. 

If such surviving witness cannot be found, the applicant will so state in his declaration (l) and he will also, whether he produce such evidence or not, proceedd to relate all the material facts, which can be useful in the investigation of his claim, and in the comparison of his narrative with the events of the period of his
Page 21

3 [Page Number]

alleged service, as they are known at the Department.  A very full account of the services of each person will be indispensable to a favorable action upon his case.  The facts stated will afford one of the principal means of corroborating the declaration of the applicant, if true, or of detecting the imposition, if one be attempted; and unless, therefore, these are amply and clearly set forth, no favorable decision can be expected.  All applicants will appear before some Court of Record in the County in which they reside, and there subscribe and be sworn to, one of the declarations above provided, according to the nature of  his case.  

The Court will propound the following (m) interrogatories to all applicants for a pension, on account of service in the Militia, State troops, or Volunteers, except the Militia of New Hampshire and the State troops of Virginia.
1.  Where and in what year were you born?
2.  Have you any record of your age, and if so, where is it?
3.  Where were you living when called into service; where have you lived since the Revolutionary War, and where do you now live?
4. How were you called into service; were you drafted, did you volunteer, or were you a substitute?  And if a substitute, for whom?
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 services.  
 6.  { To a Soldier } Did you ever receive a discharge from the service, and if so, by whom what it given , and what has become of it?
{To an Officer}  Did you ever receive a commission, and if so, by whom was it signed, and what has become of it?
7.  State the names of persons to whom you are known in your present neighborhood, and who can testify as to your character for veracity, and their belief of your services as a soldier of the Revolution.  
The  Court will see that the answers to these questions are embodied in the declaration, and they are requested to annex their opinions of the truth of the statement of the applicant.  
The applicant will further produce in Court, if the same can be done, in the opinion of the Court, without too much expense and inconvenience to him, two respectable persons--one of whom should be the nearest clergyman, if one lives in the immediate vicinity of such applicant, who can testify, from their acquaintance with him, that they believe he is of the age he represents, and that he is reputed and believed in the neighborhood to have been a Revolutionary soldier, and that they concur in that opinion.  If one of these persons is a Clergyman, the Court will so certify, and they will also certify to the character and standing of other persons giving such certificates.  
The traditionary evidence  of service is deemed very important, in the absence of any direct proof, except the declaration of the party.  And the Courts are requested to be very particular in the enquiry whether the belief is general, and whether any doubts have ever existed upon the subject.  
Applicants unable to appear in Court, by reason of bodily infirmity, may m ake the declaration before required, and submit to the examination, before a Judge or Justice of a Court of Record of the proper county, and the Judge or Justice will execute the duties, which the Court is herein requested to perform, and will also certify that the applicant cannot, from bodily infirmity, attend the Court.  
Whenever any official act is required to be done by a Judge or Justice of a Court of Record, or by a Justice of the Peace, the certificate of the Secretary of State or Territory, or of the proper Clerk of the Court or County, under his seal of office, will be annexed, stating that such person is a Judge or Justice of a Court of Record, or a Justice of the Peace, and that the signature annexed is his genuine signature.  
No payments can be made on account of the services of any person, who may have died before the taking effect of the act of June 7, 1832; and in case of death subsequent thereto, and before the declaration herein required is made, the parties interested will transmit such evidence as they can procure, taken and authenticated before a Court of Record,  showing the services of the deceased, the period of his death, the opinion of the neighborhood respecting such services, the title of the claimant, and the opinion of the Court upon the whole matter.  

 [a]  The declarant must appear in open Court, unless prevented from doing so by reason of bodily infirmity; in which case the declarant will follow the rule laid down for his guidance.
[b]  The declarant must make his declaration in the county where he resides.  If he should fail to do so, he must assign a sufficient reason for not conforming to the rule.
[c] The age of the claimant must invariably be mentioned.
[d]  The declarant must mention the period or periods of the war when he served.  
[e]  Every continental officer or soldier must give the name of the Colonel under whom he served' otherwise a satisfactory examination of the claim cannot be had.  Every claimant must state, 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. In a case where the applicant cannot, by reason of the loss of memory, state precisely how long he served, he should amend his decision 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 his of old age, and the consequeat 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 __________; and for such service I claim a pension."
It is important, to all cases, to determine with precision the period for which each applicant served, and the particular rank he held, as the law directs the person 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 that they served two years in the militia, &c. without specifying the [illegible], 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.
[f] The law makes the relinquishment indispensable.
[g] The opinion of the Court is always required.
[h] The Clerk must give his certificate in every case.
[i]  The Clerk must affix his seal, and if it has no device or inscription by which it can be distinguished from any other seal, or if he 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.  

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 order papers 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.  

Proof of Service.
[j]  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 claimant's entering the service, and the time and manner of his leaving the same, as well as the regiment, company, and time 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.  
[?] The notes from [a] to [?] are all equally applicable to the cases of Militia Men, Volunteers and State Troops.  The proof required by rule in note [j] applies to continental troops only.
[k]  This traditionary evidence is indispensable in militia cases.  
[l]  If a witness cannot be found, the declarant must state the fact.  
[m]  The answers to the interrogatories must all be written, and sent to the War Department, with the declaration.  

John N. Ashton
Page 22

April 30, 1934
XXXXXXXXXX
BA-J/MCS

Mrs. W. M. Leonard
1348 Shepherd Street, N.E.
Washington
D.C.

Dear Madam:

Reference is made to your request for Revolutionary War record of James Waits or Waites.

The data which follow were obtained from papers on file in the pension claim, W. 25898, based upon the military service of James Waits or Waites.

He was born in March, 1762, in Berkeley County, Virginia (which was later West Virginia).  The names of his parents were not given.

While a resident of Fayette County, Pennsylvania, he enlisted and served as private with the Pennsylvania troops as follows:  from May, 1777, six months under Colonel springer and was in several skirmishes with the Indians "at Garrets Fort and on the waters of Whitely"; from march, 1778, nine months under Captain Stokley or Stoakley and  Colonel Lauhery or Lauherty; in 1782 he served six weeks under Colonel Crawford.

He married in Washington County, Pennsylvania, about 1791, Margaret Livingood.

He was allowed pension on his application executed April 29, 1833, at which time he was living in Brown County, Ohio, and had lived there for twenty-eight years.  Before that he had lived in Kentucky.

He died March 2, 1855, in Brown County, Ohio.
Page 23

His widow, Margaret, was allowed pension on her application executed March 24, 1855, at which time she was ninety-two years of age and was living in Sterling Township, Brown county, Ohio.

The soldier's sister, Agness Smith, and a Phillip Smith were living in Wayne County, Ohio, in 1832.  Abraham Smith of brown County, Ohio, and Sarah Smith acted as witnesses for the widow in 1855, relationship not given.

The papers in this claim contain no further discernible family data.

Very truly yours,

A. D. Hiller
Assistant to Administrator
Page 24

[Left column]
1927 November 5 trust to
Mrs. W. M. Leonard, Personal inquiry.   MCS
____________________
1939 April 30, trust to Mrs. W. M. Leonard.  MCS

[Right column]
WIDOW, &c (etc)
__________

File No. 26898
Margaret Waits
Widow of
James Waits
Private Revolutionary War
___________

Act February 3, 1833
Index:  Vol W., Page 314

[Arrangement of 1870.]
Page 25

[envelope]
official business
[post mark illegible]

Honorable George C. Whiting
Commissioner of Pensions
Washington City
D. C.
Page 26

[envelope]
official business
[Postmark - FREE FULTON OHIO FEBRUARY 2, l6]

Honorable George C. Whiting
Commissioner of Pensions
Washington City
D. C.
Page 27

21965
Margaret Waits
Wid 
James 

[Round date stamp mostly illegible except for SEP 21]

Boynton [handwritten]

[Faint bleed-through writing]
Page 28

Margaret Waits - James

Ohio  1853

[Faint partial date stamp, illegible]

FREE [Stamp]
Page 29

229.386.


Official Busyness

[FREE stamp]

[Round date stamp]
FULTON
  DEC 
    15

Hon. Commissioner of Pensions
Washington City, D.C.
Page 30

[Check mark]

27.573

 [Illegible]
Page 31

229386 See 21965

[illegible] 160 - 27573

Margaret Waits
and
James

27.573
  100

DEPARTMENT OF THE INTERIOR,
Pension Office, Official Business.

Mr. Boynton
Present
Page 32

James Waits
Ohio - D 1832

Wid application

[written sideways]
Hon. L. P. Waldo 
Comr of Pensions
Washington City, D. C.
Page 33

21.965    

[Faded stamped circle]

[Written sideways]

Official Business

Hon. L. P. Waldo
Comir of Pensions
Washington City, D. C.
Page 34

Mch:30" 1855

No. 5.578
Margaret Waits
 Wid. of
James
Brown Co., Ohio

Act/53
$511. 65/100 Per Anum
Com. 2d Mch:/55. when hub'd died

Revy

M. Jamison
Batavia, O.

[Printed sideways]
DEPARTMENT OF THE INTERIOR.
Pension Office, Official Business, 

Commissioner
Page 35

[Left Page]

Set:fner [September] Recd.  Oct/2/57

[Right Page]

29.386.         Act. March 3d  }
See                                      } SS
21965            Dec. 19th       }
                         27593

Margaret Waits
widow of
James Waits, Pri.
Capt. :  [Blank]
Enl.:  [Blank]
Dis.:  {Blank]

Rev. War
Recd. Warrant No
Pension. Act.: Feb. 3/53.

Feby 53 - 5072

John M. Nice
Fulton,
Hamilton Co., Ohio
Page 36

John V. Rice
Fulton
Ohio.


Margaret Wid. of
James Waits

229.386
[illegible]
Boynton

[illegible]
Page 37

Fulton Hamilton County, Ohio
29th May
 
Dear Sir
The application of Margaret
Waits widow of James Waits No 229.386
for Land Bounty filed about third of June 1855
under the Act of March 3 1835
has not been [illegible] as to whether
the claim is allowed. Please inform
me if her claim is a valid one.
If so please attend to it as soon
as meets your convenience. I am
Respectfully your humble srv’t
John M Nice

Hon G C Whiting
Commissioner of Pensions
Washington City D C
Page 38

Send history of James Waits, W. 25898 to Mrs. W. M. Leonard, 436 U Street, NW, Apartment 5, Washington, D.C.

Personal inquiry
Page 39

Brief in the case of Margaret Waits, widow of James
Brown County and State of Ohio,
act 3d Feby. 1853
Claim, (" original," as " for increase.
Proof exhibited, (if original.)
Is it documentary, traditionary, or supported by rolls? If either, state the substance.
Husband was pensioned under the act of 7 June 1832, at the
rate of 54 65/100 per an. Two witnesses testify to general reputation of Marriage of Cohabitation of over twenty Six years. Pensioner died 2d March 1855 as per the affidavit of
two witnesses.
Two Credible affiants testify to the Widowhood & Identity
of the Applicant

Has additional evidence been filed since the admission of the claim? If so, what?

M. Jamison Esquire
Batavia O.
Name and residence of Agent

S C Boynton
Examining Clerk
Page 40

On the 28th day of Nov 1832 personally came Phillip
Smith a citizen of Wayne County and with whom
I am personally acquainted and being on his
solemn oath says that he is personally acquainted with
James Waits of Brown County Ohio and
further says that he knew the said James
Waits was an inlisted Soldier in the year
1778 and that he served under Captain
Stokley of the Woodringers, and that the same
for nine months at one time, and further say
that he [k]new him to be under Colonel Cranford
at the plains of Lunduskey in the year 1782 at
the time that Col Crawford was defeated and
lost his life and further says that he (this deponant)
 was there at that time and further says that he is entitled to a pension and further saith not.
Phillip Smith
Sworn to and subscribed on the date above at
Wooster in the County of Wayne Ohio before
M Culbertson J Peace

Also on the same day came Agnes Smith
formerly Agnes Waits and sister to the above
named Waits and being on her solemn oath
says that she recollects well the time when her
brother Jones Waits enlisted under Captain
Stokley for nine months in the year 1778 and
 at the end of said term he returned home with his discharge
from the captain. And further says that she
Page 41

that she knew of his being out under Col 
Cranford in the 1782 at the time of Crawford
defeat and further this deponant saith not
Agnes Smith her mark
Sworn to and subscribed on the 28th of Nov 1832
before
M Culbertson J Peace

State of Ohio Wayne County ss
It is hereby certified that Moses Culbertson Esq
before whom the foregoing affidavits appear to have
been made was at that time an acting Justice
of the Peace in and for the County of Wayne aforesaid
and that all his official acts are entitled to full
faith and credit.
In testimony thereof I have hereunto signed my name &
affixed the seal of my Office at Wooster this twenty eighth day of November A.D. one thousand Eight hundred and thirty two.
J Sloane Clk
Page 42

Application for
Pension Widow of
Revolutionary Soldier
Margaret Waits
Page 43

Batavia March 24 1855

Hon L. P. Waldo
Sir
Enclosed please find the
application for Pension of Margaret Waits,
widow of James Waits, a Revolutionary Pensioner.
She is aged and infirm and her memory of facts is not good, but I presume the evidence in support will obtain the desired object. If she is entitled to a greater amount of any other than that which under which the deceased her husband drew, she
ought to be allowed it. For she has nothing but her
pension to support her, except the award of the Land Bounty on which she may get under the last act of Congress. Allow her all she is entitled to.
Respectfully
M Jamison
Page 44

229.386
John F Rice for
Margaret Watts

Mr Boynton
May 28 / 56
[illegible]

Claimant
Fulton O.
Page 45

Fulton Hamilton County Ohio Feb 15th
Dear Sir
Will you please inform me what is to 
Be done in the claim of Mrs Margaret Waits for
Land bounty under the act of March 3 1835 which is
Application No 228.386 filed Dec 17th 1835 in your office.
Yours very Respectfully
John F Rice

Hon G. C. Whiting
Commissioner of Pensions
Washington City D.C.
Page 46

Batavia Sept. 20 1855
Hon Com’r of Pensions
Sir:
I reply to your letter in regard
to the application of Margaret Waits for Bounty
Land. I have to say-- that she is now a Revolutionary
pensioner. Her husband James Waits died
last winter some time as her application shows. 
You state that “record evidence” is necessary to be 
produced to prove his service in the Revolution and that there is none such on record & that his pension was allowed on verbal Testimony. James Waits - served three tours in
the Revolutionary war, making about 18 months
and there is beyond doubt- a record there in your
office of some of his time. His widow don’t know
the names of any of his officers. I ask his original
application for Pension be examined and see if he
did not claim for three tours of service. If I remember
rightly- some years ago I made application to have his
Pension increased, and was informed by letter from your office
that the rolls showed he was in service only 18 months &
it would not be increased. I cannot be positive in this
statement, but such is now my impression. I ask to have be
matter looked into further, for Mrs Waits is now 96 years of age and has only her pension to support her. Too much attention cannot be paid to the claims of our Revolutionary fathers & mothers. Respectfully
M Jamison
Page 47

Fulton Hamilton County Ohio
December the 14th 1855
Hon Sir
I herewith enclose you the application
of Mrs Margret Waits who is the widow of
James Waits Dec. Asking for bounty land - 
Please return to me at this place as [illegible]
as suit your convenienta and oblige.
 Respectfully
John N. Rice
Hon Commissioner of pensions
Washington City D C
Page 48

Batavia July 31 1855
Hon Comr of Pensions
Dr Sir;
In reply to your letter of July 27th 1855, in regard to the application for bounty land of Margaret Waits, widow of James Waits dec’d. I have to say, that if the fact of James waits drawing a Pension for 30 years from the Government-- and the fact that Margaret Waits now draws a Pension for
her husband’s Revolutionary service - is not supported by “Record evidence”, that she will be unable to provide it.
As to proof of Widowhood I refer you to the evidence
provided with her application-- which if not sufficient
I refer you to her application for Pension - made
about the same time her warrant was sent for. She was 96 years old when her husband died.
Respectfully
M Jamison
Page 49

Georgetown Brown Co. O. July 1st 1833
Sir
I enclose you the applications of James Wait and Daniel Morford with their amendments for a pension one objection made to the papers of Mr. Waits was that the clerk's certificate was not properly attached to the declaration it will be seen by examination that the certificate is on the same piece of paper with the declaration
The second objection is marked out  in Note J. this objection the old man hopes [illegible crossed out] is explained by his affidavit. The certificate of the magistrate to the credibility of John and Agnes Smith appears to be the only objection is it absolutely necessary to have that?
Mr. Morford has made an affidavit by way of amendment similar to the form contained in the instructions. Please send me a return as soon as practicable. The old men have but a few days to enjoy their pension should they obtain one
Yours respectfully
Thomas H. Linch
J.L. Edwards Esquire
Commissioner of Pensions
Page 50

John V Rice
Fulton
Ohio
Ad No 27573
229386
21965
[21965 160 crossed out]
229,386 James Waits' widow. See if is evidence on
Boynton May28/ [illegible] 
27573
160
Page 51

Hon [illegible]
Margaret Waits applicant for Land Bounty
as the widow of James Waits, a revolutionary soldier, dec’d was filed at your department on the [illegible] day of December 1835. Will you please to inform me what is or can be done in her case. I find that a  [illegible] of  [illegible] [illegible] may be  [illegible] of papers have been mislaid.
The applicant still is not [illegible] as I [illegible] I have been refered. It may be in the [illegible] tradition by a part of the  [illegible]  [illegible] .

Respectfully
John N. Rice
Fulton County, Ohio
Page 52

James Waits
Amendment
Page 53

The State of Ohio Brown County ss
Before me the undersigned a Justice of the Peace in and for the County of Brown and State of Ohio personally appeared James Waits a resident of said County and an applicant for a pension under the act of June 7th 1832 who being first duly sworn according to law deposeth and saith the said that the said Philip Smith and Agnes Smith whose depositions are attached to his declaration to which this is an amendment or explination live in the County Wayne in this state a distance of more than two hundred miles from the residence of this deponent, that owing to the age and infirmity of this deponent it would be almost out of his power to go up to Wayne County merely to obtain the certificate of the magistrate to the credibity of said Witnesses -
This applicant also states that in order that his declaration might not be defective in addition to the depositions of said Philip Smith and Agnes Smith he obtained two of his neighbors C. D. McMannaman and James Moorehead to testify as to his good character for truth and veracity and also his reputation as a soldier of the revolution to whose credibility the Court have certified as will be seen by reference to his declaration he also referred to other persons in his neighborhood by whom his character for truth and veracity as well as his character as a soldier of the revolution can be proven But to obtain more positive testimony than he has done he states is out of his power because he states that he knows of no witnesses living by whom he can
Page 54

prove the details of his service. The points required to be proven as set out in Note J. deponent states it will be impossible for him to prove, because, he knows of no living person by whom they can be proven, he depends on traditional evidence strengthened by what little he has proved by said Philip & Agnes Smith who know nothing of the details of his services - he has in his declaration given as full and fair on account of his
services [in his declaration crossed out] as he can but that owing to length of time elapsed since he rendered said service and the loss of memory there are many points which he cannot state or recollect. Deponent states that he hopes this explanation will satisfy the Department, that in his old but few remaining days he may enjoy a small reward for the hardships sacrifices and toils of his younger days
his
James X Waites
mark
Sworn and subscribed this 29th June 1833 before me}
John H. Blair J.P. [seal in circle]
The State of Ohio Brown County ss
I George W. King Clerk of the Court of Common Pleas in and for the County aforesaid do hereby certify that John H. Blair before whom the foregoing affidavit was made is an acting Justice of the Peace in and for Brown County and that all his official acts are  entitled to full faith and credit
In testimony whereof I have hereunto set my hand and affixed my seal of office at Georgetown this 29th day of June 1833
G. W. King Clerk of Brown County
Ohio
Page 55

April 27, 1934

Will you kindly furnish me with the service record of James Waits or Waites, Revolutionary War pension claim, W. 25898.

Mr. W. M. Leonard
1348 Shepherd Street, NE
Washington, DC
Page 56

[upper righthand corner - tues.]

Rev. & 1812 Wars Section

November 5, 1927

Mrs. W.M. Leonard
436 U Street, N.W., Apartment 5
Washington, D. C.

Madam:

I have to advise you that from the papers in the Revolutionary War pension claim, W. 23898, it appears that JAMES WAITS or WAITES was born in March 1762, in Berksley County, Virginia, which was later West Virginia.  

While a resident of Fayette County, Pennsylvania, he enlisted and served as a private with the Pennsylvania troops as follows:

From May 1777, six months under Colonel Springer; he was in several skirmishes with the Indians, one at Garret's Fort.

From March 1778, nine months under Captain Stokely and Colonel "Lathery".

In 1782 he served six weeks under colonel Crawford.

He married in Washington County, Pennsylvania, about 1791, Margaret Livingood.

He was allowed pension on his application executed April 25, 1833, at which time he was living in Brown County, Ohio.

He died in said county March 2, 1855.
Page 57

his widow, Margaret, was allowed pension on her application executed March 24, 1855, at which time she was ninety-two years of age and was living in Sterling Township, Brown County, Ohio.

There are no data on file relative to childre3n of James and Margaret Waits.

Respectfully,
WINFIELD SCOTT
Commissioner