Revolutionary War Pension and Bounty Land Warrant Application File S. 19876, Thomas Witham, Privateer (Mass.)

SERVICE
NUMBER
Privateer (Mass)
Witham, Thomas
S. 19876
Carded
CONTENTS

see letter 13 Sept. 1825 to J. J. Boyd, relative to increase. See letter to Hon. J. Anderson H. R. Dec. 18. 1827.
1,070
Maine.
Thomas Witham, Seaman, on board of
the company of the the Brig Civil Usage.
Ratio of disability, Two Thirds.
Date of losing testimony, 10 th Octo: 1823.
Inscribed on the roll of Maine
at 5\frac{33\frac{1}{3}}{100} dollars per month, to commence on the 10 th October 1823,
Certificate of pension issued the 24 th of June 1824, and sent to John Mussey, Esq., Portland, Maine.
Arrears to 4th Mar: 1824 $ 20.46
Semi-anl. all'ce ending 4 Sept: 1824 32.00
$ 52.46
Act: 4 th Feb: 1822.

United States of America Maine District Ss
To Doctors Samuel Weed & John Merrill of Portland in said Maine District
Pursuant to an Act of Congress of the United States passed on the fourth day of February in the year of our Lord one thousand eight hundred and twenty two entitled "An Act to revive and continue in force "An Act to provide for persons who were disabled by known wounds received in the Revolutionary War, and for other purposes" you are hereby appointed and authorized to examine Thomas Witham of New Gloucester in said District, claimant for a pension conformably to the 4 th section of "An Act concerning Invalid Pensioners" passed the 25 th of April, 1808, by reason of known wounds received in the Revolutionary War while in the actual service of the United States: and you are to report in writing and on oath or affirmation, your opinion of the nature of his disability and in what degree it prevents him from obtaining a subsistence by manual labor: and in your proceedings in the premises you are to be regulated and governed by said act.
Given under my hand and seal of the District Court for said District at Portland this twenty ninth day of September A.D. 1823.
Asahel Ware

So the Honorable Ashur Ware Judge of the United States in & for Maine District
Pursuant to the Commission hereto annexed We have this day examined Thomas Witham therein named and report the following as the result of said exam- ination and our opinion thereon viz an injury of the right arm, the elbow joint being nearly stiff and immovable, the bones broken and become callous, probably occasioned by a splinter or as stated by the applicant, by a part of a chain shot: That in consequence of the same he is two thirds incapacitated from obtaining his subsistence by manual labor and should receive a pension for that degree of dis- ability
Portland Sept. 29 th 1823
Sam d Weed, M.D. John Merrill, M.D.
United States of America Maine District ss
Personally appeared Samuel Weed and John Merrill who subscribed the preceding report and made oath to the truth of the same. And I do hereby certify that said Weed and Merrill are well known to me and are resident citizens of Portland and are reputable practising Physicians of said town
Ashur Ware

I Thomas Witham of New Gloucester in the State of Maine on oath say that in the month of April 1778 I enlisted on board the Brig Livie Mary of Newburyport as a seaman for a cruise said Brig being a private armed vessel, and having sailed, on the 26 th of May of the same year we had an engagement with the enemy in which the Captain & Lieutenant right were both killed. I was wounded by a part of a chain shot in the elbow by which the joint was very much injured & the arm rendered useless and so continues to this time. Your petitioner further on oath says that he did not know until for many last that persons are allowed to pension who received wounds under the same circumstances as the seaman your petitioner received his wound, & this is the reason why a pension has not been obtained for by your petitioner before. And he further saith that he is not now now has he been on any pension list of any state. Thomas Witham
District of Maine ss.
Be it remembered that on this 25 th day of October 1823 personally came before me the above named Thomas Witham & read over to the truth of the declaration by him above subscribed
Arthur Mear
Judge of the United States
for the District of Maine

ORIGINAL CLAIM.
United States.
Maine DISTRICT, ss.
I, Asher Stone Judge of the District Court of the United States of America, for the Maine District; by AUTHORITY of an act of Congress, passed the 25th day of April, 1812, entitled "An act to revive and continue in force an 'Act to provide for persons who were disabled by known wounds received in the Re- volutionary war, and for other purposes,'" DO HERE- BY ESPECIALLY AUTHORIZE AND COMMISSION
Henry Phelps Esquire of Gloucester of the county of Essex and district of Massachusetts to take all evidence pursuant to the rules and regulations of the said act, for substan- tiating the claim of Thomas Witham of the town of New Gloucester in the county of Cumberland and district of Maine to be placed on the Pension List of the United States, by reason of known wounds received in said war, or since, (as prescribed in the fourth section of "An act concerning invalid pensioners," passed the 25th of April, 1808,) while in the actual service of the United States, and in the line of his duty. And when the same shall be completed, to return the evidence, affidavits, certificates, and proceedings had hereupon, together with this commission, to the Secretary for the De- partment of War.
Given under my hand and seal, at Portland the twenty ninth day of September in the year one thousand eight hundred and twenty three
Asher Stone

INCREASE OF PENSION.
United States.
DISTRICT, ss.
To Doctor
of
Doctor
and
of
in
said district.
Pursuant to an act of Congress of the United States, passed the 25th of April, 1812, entitled "An act to revive and continue in force 'An act to provide for persons who were disabled by known wounds received in the Revolutionary war, and for other purposes,'" you are hereby appointed and authorized to examine
who is inscribed on the Pension List of the United States, and is claimant for an increase of pension, conformably to the 5th section of the act of the 10th April, 1806, revived as aforesaid; and you are to report, in writing, and on oath or affirmation, your opinion of the nature of his disability and in what degree it prevents him from obtaining a subsistence by manual labor; and in your proceedings in the premises you are to be regulated and governed by said act.
Given under my hand and seal, at
this
day of
in the year one thousand eight hundred and

WAR DEPARTMENT,
PENSION OFFICE, FEBRUARY 9, 1822.
Rules and Regulations for substantiating Claims to Pensions.
Extracts from an act, entitled "An act to provide for persons who were disabled by known wounds received in the Revolutionary War," passed the tenth of April, 1806, revived and continued in force for six years longer, by an act of the 25th April, 1812, again revived and continued in force for one year longer, by the act of the 15th May, 1820; and, lastly, revived and continued in force for six years longer, by the act of February 4, 1822.
"SEC. 2. And be it further enacted. That, in substantiating such claim, the following rules and regulations shall be complied with, that is to say: all evidence shall be taken on oath or affirmation, before the judge of the district, or one of the judges of the territory in which such claimant resides, or before some person specially authorized by commission from said judge.
"Decisive DISABILITY, the effect of a known wound or wounds, received while in the actual service and line of duty against the common enemy, during the Revolutionary war, must be proved by the affidavit of the commanding officer of the regiment, corps, company, ship, vessel, or craft, in which such claimant served; or of two other credible witnesses to the same effect, setting forth the time when, and place where, such known wound or wounds were received; and particularly describing the same.
"The nature of such DISABILITY, and in what degree it prevents the claimant from obtaining his subsistence, must be proved by the affidavit of some reputable physician or surgeon , stating his opinion, either from his own knowledge and acquaintance with the claimant, or from an examination of such claimant, on oath or affirmation, which, when necessary for that purpose, shall be administered to said claimant by said judge or commissioner. And the said physician or surgeon, in his affidavit, shall particularly describe the wound or wounds from whence the disability appears to be derived.*
"Every claimant must prove, by at least one credible witness, that he continued in service during the whole time for which he was detached, or for which he engaged, unless he was discharged, or left the service in consequence of some derangement of the army; or in consequence of his disability resigned his commission; or was, after his disability, in captivity or on parole, until the close of the Revolutionary war. And in the same manner must prove his mode of life and employment since he left the service, and the place or places where he has since resided, and his place of residence at the time of taking such testimony.
* Resolved, by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary for the Department of War return to the respective district judges the names of all such persons as have been transmitted to him by the several district judges, pursuant to the act for the regulation of claims to invalid pensions, and in whose cases the examining physicians have neglected to specify the ratio of disability; together with such defective returns of physicians. And the said district judges, respectively, shall forthwith cause the examining physicians to specify the several rates of disability which have been so neglected; or, in case of sickness, death, or removal of one or both such physicians, to make new appointments, and cause the several rates of disability to be specified, and by the said physicians returned to them as soon as may be; of which they shall make return to the Secretary of War, &c. &c. &c.
Vide Law of the 18th April, 1796.—Laws of the U. S. vol. 3, page 374.

"Every claimant shall, by his affidavit, give satisfactory reasons why he did not make application for a pension before, and that he is not on the pension list of any state; and the judge, or commissioner, shall certify, in writing, his opinion of the credibility of the witnesses, whose affidavits he shall take, in all those cases, where, by this act, it is said the proof shall be made by a credible witness or witnesses. And, also, that the examining physician or surgeon is reputable in his profession.
"SEC. 3. And be it further enacted, That the said judge of the district, or person by him commissioned, as aforesaid, shall transmit a list of such claims, accompanied by the evidence, affidavits, certificates, and proceedings had thereon, in pursuance of this act, noting particularly the day on which the testimony was closed before him, to the Secretary for the Department of War," &c. &c. &c. "And it shall be the duty of the judge, or commissioner, aforesaid, to permit each claimant to take a transcript of the evidence and proceedings had respecting his claim, if he shall desire it, and to certify the same to be correct."
"SEC. 5. And be it further enacted, That an increase of pension may be allowed to persons already placed upon the pension list of the United States, for disabilities caused by known wounds received during the Revolutionary war, in all cases where justice shall require the same: Provided, That the increase, when added to the pension formerly received, shall in no case exceed a full pension."
"Every invalid making application for this purpose shall be examined by two reputable physicians or surgeons, to be authorized by commission from the judge of the district where such invalid resides; who shall report, in writing, on oath, or affirmation, their opinion of the nature of the applicant's disability, and in what degree it prevents him from obtaining a subsistence by manual labor; which report shall be transmitted by said physicians or surgeons, to the Secretary for the Department of War," &c. &c. &c.
Extract from an act of Congress of the 25th of April, 1808, entitled "An act concerning Invalid Pensioners."
"SEC. 4. And be it further enacted, That any officer, non-commissioned officer, musician, or private, who has been wounded or disabled since the Revolutionary war, while in the line of his duty, in the actual service of the United States, whether he belong to the military establishment or to the militia, or any volunteer corps, called into service under the authority of the United States, may be placed on the pension list of the United States, at such rate of compensation, and under such regulations, as are prescribed by the act, entitled "An act to provide for persons who were disabled by known wounds received in the Revolutionary war," passed April the tenth, one thousand eight hundred and six."
The act of the 25th April, 1808, is not limited.
Act of 18th April, 1814.—Depositions substantiating claims to pension to be hereafter taken before any judge of any of the courts of the state or territory in which such person may reside; the certificate of the clerk of the court whereof the said judge is a member, sufficient to prove his being such judge.

I Thomas Witham of New Gloucester in the State of Maine, testify & say, that I had no knowledge or any information of the "act of April 10. 1816, providing for persons who were disabled by wounds received in the Revolutionary war," until about the twentieth day of January last past, which is the only reason why an application for a Pension has not been made by me before this time.
I further declare that I am not on the Pension list of any State.
Thomas Witham
Essex ss. February 4 th . 1823. Then the above named Thomas Witham personally appeared before me the subscriber, & made solemn oath to the truth of the above affidavit by him subscribed.
I also certify that he is a per- son whose credibility is unquestionable.
Henry Phelps, Jus. Pacis.

I Nathaniel Allen of Manchester State of Massachusetts, of the age sixty years three years, testify & say, that I shipped on board the private armed Brig called the Civil Usage (of Newburyport, John Smith Commander) as a seaman in the month of April A.D. 1798. & that we sailed on a cruise the same month, & that Shemuel Witham then of Gloucester Massachusetts, (the present claimant) did belong to, & sailed in the same vessel on the same cruise as a seaman.
I further testify that on the twenty sixth day of May following we had an engagement with the enemy, when the Commander & Lieutenant were both killed; & that the said Witham was wounded in the right arm with a part of a link of a chain, which arm was thereby badly broken, & the bones much shattered.
I also testify that said Shemuel Witham remained on board said vessel during the cruise, & the whole time of his enlistment. —
Nathaniel Allen
Before me, October 10 th 1823 Then the above named Nathaniel Allen personally appeared before me the subscriber, & made solemn oath to the truth of the above affidavit by him subscribed. I also certify that he is a person of truth & veracity.
Henry Phelps, Commiss y ,

I Thomas Lufkin of Gloucester, State of Massachusetts, of the age of seventy years, testify & declare that I shipped on board the private armed Brig called the Civil War- age of Newburyport commanded by John Smith as a seaman in the month of April A.D. 1778, & Thomas Witham then of Gloucester aforesaid (the present claimant) was a seaman on board the same cruise.
I further testify that in the month of May following we had an engagement with the common enemy, & at that time the commander & lieutenant were both killed; & that he the said Thomas Witham was wound- ed in the right arm with a part of a link of a chain, which severely broke the same & badly shattered the bones of said arm.
I also declare that Thomas Witham aforesaid on board said vessel during the cruise, & the whole time of his enlistment.
Thomas Lufkin
Subscribed. October 10 th 1823. Then personally appear- ed before me the subscriber, the above named Thomas Lufkin, & made solemn oath to the truth of the affidavit by him subscribed. I also certify that he is reputed a person of truth & ve- racity. - Henry Purdie, Comm r .

I John Stacy of Gloucester Massachusetts, of lawful age testify & say, that I have been personally & particularly acquainted with William the present claimant, for more than forty years; that Gloucester Massachusetts is his place of nativity, that he resided here until after the Revolutionary war; & that in the year seventeen hundred & eighty six he removed to New Gloucester in the State of Maine, where he now lives, & his occupation is that of a farmer.
I further declare that he is industrious, prudent & temperate in his habits, & with those who knew him, he sustains a reputable character.
John Stacy
Essex, ss. Oct 10. 1823. Then the above named John Stacy personally appeared before me the subscriber & made solemn oath to the truth of the above affidavit by him subscribed.
I also certify that he is a person whose credibility is unquestionable.
Henry Phelps, Comm n .
Essex ss. Gloucester October 10 th 1823. I the subscriber hereby certify that the testimony closed before me on the above date. —
Henry Phelps, Commis n .

June 17, 1938
XXXXXXXXXXXXXXX
Mr. Charles Thornton Libby #485 Congress Street Portland, Maine
BA-J/EEL Josiah Berry-W.24647 Thomas Witham-S.19876
Dear Sir:
Reference is made to your letters in which you request the Revolutionary War records of Josiah Berry, of Lincoln County, Maine and Thomas Witham, of Cumberland County, Maine, both of whom received pensions on account of their services.
The records of these soldiers are furnished you herein.
Josiah Berry W.24647
The data which follow were obtained from the papers on file in Revolutionary War pension claim, W.24647, based upon the military service in that war of Josiah Berry.
Josiah Berry was born in Falmouth(later Portland), Massachusetts(Maine), date of birth and names of parents not shown.
Josiah Berry enlisted at Falmouth, Massachusetts(Maine), in April, 1776, and served eight months as a private in Captain Samuel Knight's Company, Colonel Noyes' Massachusetts Regiment; he enlisted in March, 1777, and served until December, 1777, in Captain Joseph Pride's Company, Colonel Prime's Massachusetts Regiment; he enlisted in March, 1778, served in Captain Jesse Partridge's Company, Colonel John Greaton's Massachusetts Regiment and was discharged in January, 1779.
He was allowed pension on his application executed April 10, 1818, at which time he was aged fifty-nine years and resided in Lisbon, Lincoln County, Massachusetts(Maine). He was pensioned under Certificate No. 5840, at the rate of $8.00 per month, to commence April 10, 1818, Act of March 18, 1818, dropped from the pension roll, May 1, 1820, on account of excess property, restored March 11, 1829, to commence January 31, 1829.

Josiah Berry died April 24, 1840, at Lisbon, Maine. He was referred to as Josiah Berry, Junior. The soldier married in Falmouth, Massachusetts(Maine), Miss Elizabeth Blackstone, date and place of her birth and names of her parents not stated. Both were then of said Falmouth and they were married by the Reverend Ebenezer Williams on May 3, 1781, as shown by the records of the town clerk of said Falmouth or May 10, 1781, as stated by the widow, Elizabeth. Their intention of marriage was recorded on the town records of Falmouth, dated March 23, 1781.
Soldier's widow, Elizabeth, was allowed pension on her application executed April 4, 1843, while residing in Lisbon, Maine. At that time she gave her age as seventy-eight years. May 16, 1844, she stated that she was aged eighty years "lacking four days".
They had a family of twelve children, eight of whom were living in 1843. Only names of children shown are
  Edward Berry, second child . . . . .  in 1843, aged 59 years and a resident of Lisbon, Maine.    Josiah Berry. . . . .  in 1820, aged 22 years.    Nicy Berry(daughter). . . . .  " " " 20 "    Amos Berry. . . . .  " " " 14 "    William Berry . . . . .  " " " 10 "  
In 1840, the names Arabella Berry and Edward Berry, Junior are shown: no relationship to the family was stated.
In order to obtain the date of last payment of pension, the name and address of person paid and possibly the date of death of the Revolutionary War pensioner, Elizabeth Berry, widow of Josiah Berry(W.24647), you should address The Comptroller General, General Accounting Office, Records Division, this city, and cite the following data:
Elizabeth Berry, widow of Josiah Berry, Certificate No.5544, issued May 23, 1844, rate $92.71 per annum, commenced March 4, 1843, Act of March 3, 1843, Maine Agency.
* * * * *
Thomas Witham S.19876
The data which follow were obtained from the papers on file

in Revolutionary War pension claim, S.19876, based upon disability resulting from wounds received in service of Thomas Witham.
Thomas Witham was born in Gloucester, Massachusetts. The date of his birth and names of his parents are not shown.
While residing in Gloucester, Massachusetts, Thomas Witham went on board the brig, "Civil Usage" from Newburyport, Commander John Smith, in April, 1778, served as a seaman, went on a cruise and on May 26, 1778, was in an engagement with the enemy, in which both the commander and lieutenant (name not shown) were killed and Thomas Witham was wounded in the right elbow by a chain shot, which wound injured the joint very seriously and rendered his arm almost useless: he remained on the vessel and served until the end of the cruise, length of service not shown.
Found this ship, but not the commander.
He was allowed pension on account of disability resulting from the above noted wound on his application executed October 25, 1823, while residing in New Gloucester, Maine, to which place he had moved in 1786.
There are no data as to soldier's family.
In order to obtain the date of last payment of pension, the name and address of person paid and possibly the date of death of the Revolutionary War pensioner, Thomas Witham (S.19876), you should address The Comptroller General, General Accounting Office, Records Division, this city, and cite the following data:
Thomas Witham Certificate No. 1070 Issued June 24, 1824 Rate, $5.33-1/3 per month Commenced October 10, 1823 Act February 4, 1822 Increased to $8.00 per month To commenced February 15, 1828 Certificate issued February 29, 1828.
Maine Agency.
*****
Very truly yours
A. D. HILLER Executive Assistant to the Administrator.

Revolution
19846
INVALID.
1938-June 17-Vsit to Mr. Charles J. Libby - Ek
File No. 19,576
Thomas William Seaman Reay Wat
Act: Feb 4 " 22 "
Index Vol. 2 , Page 457
[Arrangement of 1870.]

Increase to $8 per mo. 29 Feb 1828 commencing 15 February 1828, and new certificate issued & sent to Hon. John Anderson, R. R.,
1070
Maine
Thomas Witham Seaman on board of the
Captain _____ company of the Brig Gen'l usage, Punalur
Ratio of disability, Two Thirds
Date of discharge,
Time of closing testimony, 10 Oct 1823,
Inscribed on the Roll of Maine , at 5,33\frac{1}{3} dollars per month, to commence on the 10 October 1823.
Certificate of pension issued the 24 of June 1824 and sent to John Hovey, Esq., Portland, Maine.
Arrears to 4th March 1824 — $20. 46 Semi-anl. all'ce ending 6 Sep: 1824 32. 00
52, 46
Act of the 4 Feb. 1822 }

Hon. John Anderson

Portland Feb. 15 1828
Dear Sir, I enclose Mr Witham's papers.
A new Commission from Judge Ware, and the Certificate signed by Doctor Eaton and signed and sworn to by Doctors Sweet & Ware, both respectable as certified by John L. Mygale, and the Governor's Certificate that Mr. Mygale is a Justice of the Peace in the County of Cumberland. I also enclose the other warrant from Judge Ware & Doctor Little & Dorrance's Certificate. I took the new warrant & Certificate as a matter of business -
It does now seem to me that there can be no objection to granting the addition to the Pension

In of Parsons Sweet Parsons  Parsons  Parsons  Parsons # Mass of New Gloucester in said District Parsons  Parsons
Be it known that I the undersigned judge of the United States for the District of Maine having strict evidence in your knowing this & integrity do by these presents appoint and commission you to examine Thomas Witham of New Gloucester in the State of Maine aforesaid an inviolable prisoner of the United States who stands for an inuendo of his business, & you will after you have examined him what in noting your decision of the notion of the disability of the applicant & in what degree it prevents him from obtaining a subsistence by manual labor, & your report will be annexed to this commission for the purpose of being transmitted to the Hon. the Secretary of War  of War , your report being first sworn to before some magistrate duly authorized to administer an oath
In testimony whereof I have hereunto set my hand at this
15. day of February 1812
Asahel Ware.

Thomas Witham for inclosure.
Rev S. Anderson P. R.
Rec d Dec 15, 1827
J. L. Edwards Esq. Pension Department

Washington Dec r 15 th 1827
S r L. Edmands Esq r .
Sir, The surgeon's certificate, accompanying the application of Thos. Witham for an increase of pension, not being so explicit as the Rules of your Department, predicated on the Pension Law, requires, I beg leave to state to you what has fallen under my own observation relative to his disability. The arm about the elbow appeared to have been broken in several places, rather crushed & mangled by a chain shot, proper care to keep it in its place was not taken & the elbow projects back beyond the upper part of the arm rendering it not only useless, but greatly impeding the use of the other arm, by the constant pain, any exertion of body, causes this broken, stiff & distorted limb. Had the arm been amputated, as it ought at the time the wound was received, he would not in my opinion, have been so much disabled as he now is for he would then have had the free use of the other arm & the rest of his limbs without

pain.
I have the honor to be, Sir!
Very respectfully your
obedient Servt
John D. Sleeper
member of Congress for Cumberland District, Maine
From an examination of the within named Thomas Witham, made previous to my leaving Maine, I am satisfied that the within statement is correct, and that the said Witham is justly entitled to a full pension.
Albion K. Parris Mem t of U. S. Senate.

See page 216 - Reg
Thos. Nathan, ms. d. 10 apl. 1806
Recd. 6 Jan. 1824
J. C. Calhoun Secretary of War Washington
Mr. E. W. ...

See page 216 - Regs
Thos. Nathan, ms. d. 10 apl. 1806
Ms. B. 1. 1 v. 3 p. 824 Recd. 6 Jan.
J. C. Calhoun Secretary of War Washington
Mr. E. W. ...

Portland Dec. 29. 1823
Sir
Enclosed transmit the evidence taken in behalf of Thomas Witham, Claimant of a Pension as an Invalid for injuries while in the service during the Revolutionary War. The Applicant forwarded testimony some time in the month of April last, which was taken under a Com n from the U. S. District Judge of Massachusetts and which was returned on account of the Applicant being a citizen of Maine with directions to him to apply to the District Judge of this District, which direction has been complied with and the evidence was closed on the 10 th Oct. last past and which I trust will be satisfactory to establish his claim and would request the certificate if granted may be transmitted to Your obed t serv t
John Nufsey
Hon. J. C. Calhoun Secretary of War Washington

ENOCH LINCOLN, Governor of the State of Maine: TO ALL WHO SHALL SEE THESE PRESENTS:
Greeting:
KNOW YE,
That John L. Megquier, Esq., of Portland, in our County of Cum- berland, is one of our Justices of the Peace, for our said County of Cumberland; _____
Enoch Lincoln
duly nominated and appointed, commissioned and qualified; and that to his Acts and Attestations, as such, full faith and credit are and ought to be given in and out of Court.
In Testimony Whereof, I have caused the Seal of the State to be hereunto affixed. GIVEN under my hand at PORTLAND, this fifteenth _____ day of February _____ in the year of our Lord, one thousand eight hundred and twenty eight _____; and in the fifty- second year of the Independence of the United States of America. _____
BY THE GOVERNOR:
A. Nichols Secretary of State.

For Thos. Witham

INCREASE OF PENSION.
IT is hereby certified that Thomas Witham of New-Gloucester formerly a Seaman, of captain on board the Privateer Brig Civil Usage , company, in the commanded Regiment of by John Smith of Gloucester, Massachusetts, who, the said Witham it appears by the accompanying certificate, † was placed on the pension roll at the rate of five \frac{33\frac{1}{3}}{100} dollars per month, on account, as he states, of having received a * wound in his right elbow joint from a chain shot , which fractured the Humerus & Radius in the articulation, and caused a stiffness of the arm in a flexed state, which has disabled him from taking off his coat without aid, for the last twenty years, and that he is unable to perform any labor; this wound he received while in the line of his duty, and in the said service, on or about the twentieth day of May in the year 1778 at sea at a place called in the state or territory of and that he is not only still disabled in consequence of the said injury, but, in my opinion, is entitled to two \frac{66\frac{2}{3}}{100} dollars per month more than he already receives as a pensioner, being disabled to a degree amounting to † a total disability.
Jos. Eaton, Aft Surgeon M. S. Army Moses Sweat Benj. H. Mace } Surgeons.
* Here particularly describe the disability, and state its origin and progress.
† Here state the degree of disability, say, one-third, one-half, three-fourths, or otherwise, as the case may be.
❧ The above affidavit must be made before a magistrate duly qualified to administer oaths, and his official character and signature must be certified by the proper officer, under his seal of office. The magistrate must certify that the Surgeons are reputable in their profession.
❧ If the claimant is within thirty miles of an Army Surgeon, he must obtain his testimony.
‡ The pension certificate, which must be sent to the War Department.

State of Maine Cumberland ss. Portland February 15 th A.D. 1828 Then personally appeared Moses Sweat and Benjamin H. Mann, who are Surgeons, reputable in their profession, and made oath that the within certificate by them subscribed is true, before me John L. Megquier, Justice of the Peace for said County of Cumberland

By virtue of a warrant from Asahel Ware Judge of the district of Maine for the United States, Authorizing the subscribers practising physicians of Portland to ex- amine the case of Thomas Witham of New Gloucester who is now on the pension roll of the United States, and of opinion after due examination of his case, that his disability is such as should entitle him to full pension - That the infirmity which first placed him on the pension list was a stiff arm from a wound received in the elbow while in the Service of the United States - that for some years he was enabled to pass for some degree of labour, but this disability has been gradually increasing in the arm till it has become almost useless, both from impeded motion & pain. That constitution of the limb is now so far improv- ed that he is in but a little better state than if he possessed only one arm, & thus he seems to be warranted in making application for increase of pension -
Timothy Little James Dorrance
Cumberland ss Oct 22 nd 1827 Personal appeared the above named Timothy Little & James Dorrance & made oath to the truth of the facts by them above stated before me John Anderson Justice of the Peace
I hereby certify that the above named Little & Dorrance are highly respectable & regular practising Physicians in Portland in the County of Cumberland John Anderson - Member of Congress for Cumberland Maine

J. L. Edwards Esq.
Pension Department
Feb. 23. 1828
increase to H s her mo. from 15-Feet. 1828.

Ely
Eastport
Feb. 23. 1828
increase to $8 her mo. from 15 Feb. 1828.

Home of Pups Feb 22 nd 1928
Sir - I now enclose you the papers of Mr Whitham completed, I believe, agreeable to your directions - If the evidence is satisfactory I will thank you to forward me his Certificate for free pay that I may send it to him in season to claim him 4 th March - Yrs respectfully you
Yours truly
John Anderson

CORRESPONDING MEMBER COLONIAL SOCIETY OF MASSACHUSETTS EX-SECRETARY AND SENIOR MEMBER MAINE HISTORICAL SOCIETY ORIGINAL MEMBER, 1881. MAINE BAR ASSOCIATION EX-PRES. AND HONORARY MEMBER PISCATAQUA PIONEERS MEMBER N. H. HISTORICAL AND NEW ENG. HIST.-GEN. SOCIETIES HONORARY A. M., BOWDOIN, 1932
✓ CHARLES THORNTON LIBBY LAWYER AND ANTIQUARY
485 CONGRESS STREET PORTLAND, MAINE (HOME, YARMOUTH)
May 26, 1938
MAINE PROVINCE AND COURT RECORDS TWO VOLS. OUT $10 EACH MAINE HIST. SOC., PORTLAND, ME. GENEAL. DICT. MAINE AND NEW HAMP. THREE PARTS OUT $2 EACH WALTER G. DAVIS, 192 MIDDLE ST., PORTLAND LIBBY GENEALOGY, 628 PP., 1882 $10 SEVERAL SUPPLEMENTS, ETC. $1 TO $3 MARY CHILTON'S TITLE TO CELEBRITY, 1926 $2 KNOWLES FAMILY OF EASTHAM N. E. H. G. REGISTER, 1925-1926 $10
TO ISSUE:
FORT LOYAL AND PORTLAND'S WATERFRONT: THE SPARKING-POINT OF THE FRANCO-ENGLISH CONTEST FOR AMERICAN POSSESSIONS SOUTHWORTH-ANTHOENSEN PRESS, PORTLAND $3.50
GENEALOGY IN THE NUDE: AN UTTERLY FRANK UNSPARING EXPOSURE (OWN MISTAKES INCLUDED) AFTER 60 YEARS OF CLOSE-UP EXPERIENCE
Veterans Administration Washington, D.C.
Gentlemen:
Senate Doc. Pension Rolls, 1835, p.3(514)
Please send me the record of Thomas Witham, Cumberland Co., Maine, seaman Brig Civil Usage, Revolutionary War pensioner, with the numbers of his two certificates issued June 24, 1824 and Feb. 15, 1828; and number of the claim, with whatever appears of his parentage, personal history, family, etc.
& oblige
Respectfully
Chas T. Libby
Maine Historical Society 485 Congress St. Portland, Me.