Revolutionary War Pension and Bounty Land Warrant Application File S. 4,285, Isaac Fithian, New Jersey

Page 1

service: New Jersey 
Fithian, Isaac
Number: S. 4.285

carded

Page 2

7.971
Ohio Pittsburgh,
Isaac Fithian

of Trumbull co. in the state of Ohio who was a Private in the company commanded by Captain Jones of the Regt. commanded by Col Newcomb in the New Jersey [illegible] for 2 years. 

$80.

I [enlisted?] on the Roll of Ohio Pittsburgh, at the rate of 80 dollars 00 cents per annum, to commence on the 4th day of March, 1831.

Certificate of pension issued the 27th day of April, 
R.P. Spalding. [illegible] T.Co. Ohio. 

A[illegible] the 4th of March 1833.     160.--
S[illegible] allowance 4 September     1833.--
                                                           $200.00
                                          Revolutionary Claim
                                          act June 7, 1832

Recorded by Wm. R. Palmer Clerk, 
Book E. Vol. 8. page 111.

Dead

Paid at the Treasury under the Act of the 6th April 1838 from 4 Sept 1843 to 16 [illegible] 1834. Agt [agent?] notified 30 Sept 1844. 

1844

Page 3

Isaac Fithian 
Ohio
7971

Admitted for 2 years
from 1776

N. Jersey role

8219

R.P. Spalding

Warren
Trumbull County
Ohio

Page 4

Brief in the case of Isaac Fithian
co. of Trumbull in the state of [Ohio]
(Act 7th June, 1832.)

1. Was the declaration made before a Court or a Judge? [handwritten:] open court

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

3. How old is he? [handwritten:] 75

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.
Jjuly in 1776 [illegible]| 6 months| as a Private| Cap[illegible]

then..." "| 1 year| Artillery| Cap. Jones  

enlisted| 6 months|...does not mention officers

[illegible] drafted [illegible]|5 months|...|....
.  .
 + [mark]

5. In what battles was he engaged? Battle of Long Island   valley of Trenton P[illegible] Town
[illegible] Creek.

6. Where did he reside when he entered the service? Rhodes Town N Jersey

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

8. Are the papers defective as to form or authentication? and if so, in what respect? Two of the living witnesses are not [illegible] to be credible...the [periods] of service are not exactly specified.

I Certify that the foregoing statement and the answers agree with the evidence in the case above mentioned. 
George Payton [signed] examining Clerk.

[note] he refers to Cap [benson?] and Cap Jones muster rolls of N.J.

[mark: plus symbol with 4 dots]

Page 5

The state of Ohio
Trumbull county

On this 23rd day of August A.D. 1832 personally ..in open court before the supreme court of said state of Ohio now sitting at Warren within and for the county of Trumbull [crossed out: aged sixty six] Isaac Fithian aged seventy-five years, who being first only 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 7 1832. 
That he entered the service of the United States under the following named office and served as herein stated -

In July 1776 I enlisted at Rhodestown [Roadstown?] in the State of Jersey for a term of of six months under command of Captain Kelsey, Silas Newcomb was my colonel 
we marched to New York, from there to Long Island was in the Battle of Long Island, I served out that term of duty, in Trenton I again enlisted under command of Capt. Jones in [our?] artillery company for a term of one year, I was in the Battle of Trenton & Princeton during this time of service was in the Battle of Timber brook [Timber Creek], our Lieutenant David Mulford was killed at that Battle. I served out that term, and again enlisted for a term of six months, I served out this term. was discharged and was drafted a term I think of five months and served that [illegible] term my name will be found in Captain [Benson's?] company if the rolls can be found also in Captain -Jones's Company-
I lived in [Rhodestown?] in Cumberland county [crossed out: state] of Jersey [illegible] hereby relinquished every claim whatever to a pension or annuity except the [illegible] and he declares that his name is not on the pension role of any agency in my state

Page 6

Sworn to and subscribed, the day and year aforesaid -
Before one George Parsons Clerk [I.C.?] Isaac Fithian
[crossed out: and the said court do hereby [illegible] the opinion that] We Oliver Brooks and Joseph Reeves residents of Warren in the county of Trumbull & state of Ohio, hereby certify that we are well acquainted with Isaac Fithian who has subscribed, and sworn to the above declaration, that we believe him to be at  seventy five years of age, that he is reputed [?] and [illegible] in the neighborhood who has resides, to have been a soldier of the revolution, and that we [illegible] in that opinion we also believe him to be a man of veracity
Sworn to and subscribed the [crossed out: day and year aforesaid] [Cross out section signed by Joseph Reeves and Oliver Brooks] 24th day of August 1832
George Parson Clerk [I.C.??]

We Oliver Brooks and Joseph Reeves of [illegible] Trumbull county Ohio hereby certify that in [illegible] acquainted with the above
named Isaac Fithian who has subscribed & [illegible] to the above declaration, that in [illegible] known to his being a soldier in the 
war of the Revolution, he served at the same time & frequently at the same place with him.

Sworn to and subscribed this 24 day of August 1832
George Parsons
Oliver Brooks
Joseph Reeves

And the said court do herby declare their opinion that the said applicant was a Revolutionary soldier and served as [illegible] 

I George Parsons clerk of the Supreme Court of the state of Ohio within and for the county of Trumbull do hereby certify that the foregoing contains the original [illegible] of the said court in the matter of the application of Isaac Fithian for a pension in testimony whereof I have hereunto set my hand and seal of office this 29th day of August 1832
George Parsons     Clerk

Page 7

Treasury Department
Second Comptroller's Office
Jan'y 26th, 1844.

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," and the third section of the Act of August 23, 1842, extending the time within which pensions may receive their pensions from the pension agents, The Exec: of Isaac Fithian, decd. a pensioner on the Roll of the Pittsburg, PA -
Agency, at the rate of eight Dollars and --cents per annum, under the law of the 7th June 1832 has been paid at this Department, from the 4th[?] of Sept. 1833, to the 16th Jan'y 1834. 
Respectfully, yours,
Albion K. Parsons
Comptroller.

To the Commissioner of Pensions, 
Present.

Page 8

1938 May 26 - Carl M. Williams advised cost of photos ---[illegible]


R[illegible[checkmark]] 4285
Invalid .

File no. 4285

Pri. N.J. Line

Act: June 7, 1832
Index:-Vol. A. page 124
Arrangement of 1870. 
[checkmark]

Page 9

Deposition of Oliver Brooks as to the Revolutionary service of Isaac Fithian --

Page 10

I Oliver Brooks of Warren in the country of Trumbull and State of Ohio, formerly of the State of New Jersey aged seventy two years being duly sworn depose and say that I have been personally acquainted with Isaac Fithian of Warren aforesaid from his childhood to the present time. This deponent this saith that some time during the spring or summer of the years one thousand seven hudred and seventy -six, the said Isaac Fithian enlisted, together with myself into a company of Continental troops commanded by Captain William Kelsey and belonging to a Regiment raised in New Jersey commanded by Colonel Silas Newcomb, the said Isaac Fithian to my [illegible] knowledge served out the full time of said enlistment which was with six or nine month. Said Isaac Fithian was a private in said Kelsey's Company. This deponent [illegible] saith that after the aforesaid service the said Isaac Fithian at different times served as a private soldier in the New Jersey Militia on various tours of duty and with different commanders for a period [illegible] of more than two years during the continuance of the War of the Revolution. This deponent [illegible] saith that said Isaac Fithian was always honorably discharged by his commanding officers and further this deponent saith not.

The State of Ohio
Trumbull County
Warren June 14th AD 1832
be it remembered that this day personally came the above named Oliver Brooks to .... well known as a man of truth and veracity, and made oath that the above mentioned deposition by him subscribed is true according to the best of his knowledge + belief. Before Mr Alexander McConnell
Justice of the Peace

Oliver Brooks

Page 11

The state of Ohio
Trumbull County
I George Parsons Clerk of the court of common pleas for said county do herby certify that Alexander McConnell esquire whose signature in his own proper handwriting is affixed to the written [illegible] is and was at the time of subscribing the same and has been during the time a justice commissioned and [served?] agreeably to the [illegible] of said State of Ohio.
In testimony whereof I have henceto set my hand and the seal of said court at Warren the first day of September 1832
George Parsons   Clerk

Page 12

Deposition of Joseph Reeves as to the Revolutionary services of Isaac Fithian --

[possible signature in pencil or different ink]

Page 13

Joseph Reeves of Warren Trumbull County, Ohio
do upon my oath say that I was a acquainted with Isaac Fithian now of said Warren but formerly of the State of New Jersey,  before the commencement of the Revolutionary War + have known him well ever since - I was knowing to said Fithians serving six or nine months in the year 1776 in Captain William Kelsey[']s Company of Minute Men in the Continental Army. I can also say from my certain knowledge that said Isaac Fithian served as a private in the New Jersey militia on various campaigns during the continuance of the war [illegible] in the whole to a term of service of more than two years in the militia - Said Fithian was a private in the New Jersey militia and was in the battles of Trenton-Princeton and several others - Said Fithian served his country faithfully and was always honorably discharged from services as this officiant [official?] believes. 
[signed] Joseph Reeves


The state of Ohio
Trumbull County

Warren June 14th AD, 1832
Personally appeared Joseph Reeves, to [illegible] well known as a person of health and veracity, and made oath that the foregoing deposition by him solicited, contains the truth and nothing but the truth according to the best of his knowledge and belief. - Before Mr Alexander McConnell
Justice of Peace

Page 14

Isaac Fithian's application
for a pension 

Filed Aug. 24. 1832. 

8219.

Page 15

BRIEF objections to the admission of Pension Claims, of which those
answered in the negative, in red ink, will apply to the claim of
Isaac Fithian which require
further proof or explanation.
1. 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? No
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 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

Page 16

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 'revolutionary 
service ?
Certificates by two Citizens
XII. If the clergyman's affidavit has not been produced, is there any reason assigned for not obtaining 
it ?
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. [cross symbol] 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? yes
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? you to two
Has the proper officer certified to the official character and signature of the magistrate as the
regulations direct? yes as to two
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. [double cross symbol] 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 ? yes
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.

Page 17

8
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 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.
QUERE XIV. Proof of Service.
ln 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 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 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.
[image of finger pointing to the right] 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.

Page 18


2049 Locust Street
Philadelphia, Pa.
March 14, 1938
Pension Bureau
Washington, D. C.
Dear Sirs:
I would like to obtain a copy of all of the records on
file in your office concerning a pension issued to Isaac Fithian
in 1831 for service in the Revolutionary army.
Fithian was born in the year 1755 in Cumberland County,
New Jersey and very probably enlisted there. He applied for a
pension when a resident of Warren, Ohio and died at Warren, Jan.
16, 1834.
I am particularly interested in having a copy of the
testimony Fithian gave to prove his service in the army and the
affidavits made by fellow soldiers in his behalf. Will you please
advise me regarding the cost of this service.
Thanking you for your attention, I am
Very truly yours
Carl M Williams
[Date stamp MAR 15 1938 MAIL SUS-DIV.]

Page 19

May 36, 1938
 | ISAAC FITHIAN
Mr. Carl M. Williams | S. 4285
8049 Locust Street | BA-J/[illegible]
Philadelphia, Pennsylvania
Dear Sir:
Reference is made to your letter in which you request a complete
copy of all papers on file in the claim for pension of Isaac Fithien
of New Jersey who applied for pension while living in Ohio, in which
state he died.
Photostatic copies of papers on file in the claim for pension,
S. 4285, based upon service of Isaac Fithian in the Revolutionary War,
will be furnished you at the rate of twenty-five cents a page. The
number of pages to be copied is seven.
Please make remittance by money order, drawn to the order of the
Treasurer of the United States, and mail to The Veterans Administration,
Arlington Building, this city, upon receipt of which, the copies will
be made and mailed to you.
Very truly yours
A. D. HILLER
Executive Assistant
to the Administrator