Revolutionary War Pension and Bounty Land Warrant Application File S. 41359, Josiah Witter, Conn. Mass.

SERVICE
Conn. Mass.
Witter, Joseph
NUMBER _____
S 41359
CONTENTS

Continued, July 23 d 1821. Sent to H. Jones, St. Albans, Vermont
14 602  Vermont R
Josiah Witter
St. Albans in the state of Vermont who was a Lieutenant in the regiment commanded by Colonel Webb of the Connecticut for the term of Six Years 1777-
scribed on the Roll of Vermont at the rate of 20 Dollars per month, to commence on the 17 th of April 1818
Certificate of Pension issued the 17 th of Sep. 1818 and sent William Brayton St. Albans Vermont
arrears to 4th of Sep. 1819. 332.58 semi-annual all'ce ending Mar. 1820. 120.00 6 Mo 18/30
$452.58
{ Revolutionary claim, { Act 18th March, 1818. }
Continued

aw
July 18, 1906. Le M. H.

Witter, Josiah
His name appears on a list of applicants for invalid pension returned by the Circuit Court for the district of Connecticut, submitted to the House of Representatives by the Secretary of War on Dec. 14, 1792, and printed in the American State Papers, class 9, page 66,
Rank: Lieutenant
Regt.: Volunteers
Disability: Wounded by four musket balls, in different parts of his body, one of which passed through the trunk of his body, and separated one of his ribs from the back bone.
Date of certificate: Oct. 4, 1792
Monthly allowance: $ 10.00
Arrears: $ 200.00
N.B. In the certificate of Josiah Witter, the following proviso is made: Provided, nevertheless, That, as he was a volunteer, if that be properly chargeable over to the United States, then he should be placed on said pension list, and ought to receive the sums aforesaid; otherwise not.

AW
Aug. 21, 1906
ohgfr

Witter, Josiah
His name appears on a list of claimants to be placed on the pension list returned by the Circuit Court for the District of Connecticut, submitted to the House of Representatives by the Secretary of War on April 25, 1794, and printed in the American State Papers, class 9, page 117.
Rank: Lieutenant
Disability: Wounded by four musket balls, in various parts of the body, in an action with the enemy, and captured.
When and where disabled: March 1783, Long Island.
Residence: Brooklyn.
Monthly allowance: $10.00
Arrearages: $200.00
Remarks: This officer does not appear on the rolls of the Connecticut or New York lines.

Josiah Miller Witter Declaration copy of Record
14.602.
1820 (March 1 st 1819.)
Sus

Revolutionary claim under act of Congress May 1 st 1820 State of Vermont Franklin County Supreme Court of Franklin County ss & Judicature July Term June 1820 Personally appeared in open court being a Court of the Supreme Court of said State for the County of Franklin and a Court of Record for said State having the Power of fine and Imprisonment Josiah Miller aged 80 years Resident in Pittsfield in said County who being duly sworn according to Law doth on his oath declare that he served in the revolutionary war as follows so writes in the year 1776 in Capt Williams Company and Col. Arnoolds Reg t as a Lieutenant in a campaign to Canada & in 1777 took a Commission as Lieut in Capt Nathan Peters Company and Col. Levi Well's Regiment in the Connecticut line and was employed that season for some time in Recruiting and served until the time Genl Munda undertook to sell west Point to the British my first decla- ration is dated, April 17 th 1818. and my Pension certificate is N o 14,602 and I do solemnly swear that I was a resident Citizen of the United States on the 18 th day of March 1818 and that I have not since that time by gift sale or in any manner disposed of my property or any part thereof with intent thereby to diminish it as to bring myself within the provisions of an act of Congress entitled an act to provide for certain persons engaged in the land and naval service of the United States in the Revolutionary war passed on the 18 th day of March 1818 and that I have not nor has any person in trust for me any property or securities contracts or debts due to me nor have I any in common other than what is contained in the schedule hereto annexed and by me subscribed

A schedule of the property of Isiah Witter of St Albans    one cow 15,00  two sheep 2,00  one hog 5,00  $22,00    one harness 2,50  one plough share 1,50  three pitch forks 1,00  5,00    two oldapes 4,00  one short chain 1,00  one barn shovel 1,50  2,50    two chests old and damaged 1,00  three kitchen chains 1,83   1,83    one barrel 1,50  three tubs 1,00  one churn 1,25  3,75    one dish kettle 1,00  one tea kettle 1,75  one small pot 1,00  2,75    one small kettle 1,25  one old saw 1,00  one shaver 1,50  1,75    one auger 1,50  one great wheel 1,75  one linen wad both old 2,50  3,75    one small looking glass 1,50  one trammel 1,50   1,00    Sunday other Articles of Small value  3,18     $45,51  
The following articles purchased with Pension Money:    one horse 32,00  one cow 15,00  two sheep & two lambs 14,00    one cutter & harness 15,00  one saddle bridle & one halter 9,00     one suringle and whip 2,00  one chest 2,00  two kitchen chains 1,00    one fire shovel one pair tongs 1,00  one axe 1,50  one hoe 1,00    Sunday other articles such as tea pot cups & saucers etc 3,16  
Isiah Witter
I am by occupation a farmer but by reason of old age I am unable to labour. I have no family but my wife Abigail aged about Sixty Years able to do as much as women of that age generally are.
Isiah Witter
Sworn to and declared on
the 11th day of July 1820 Before the Court Attest
Horace Janes Clerk

State of Vermont Franklin County ss
I Horace Jones clerk of the Sup reme Court do hereby certify that the foregoing oath and the schedule thereto annexed are truly copied from the record of said Court and I do further certify that it is the opinion of the said Court that the Total amount in value of the property exhibited in the aforesaid Schedule is one hundred thirty dollars free from debt fifty dollars In Testimony whereof I have hereunto set my hand and affixed the seal of the said Court on this 13th day of July A.D. 1820
Horace Jones Clerk

Isiah Witters with 2 nd Pentif

April 17 1818-
that about in May 1775 he recd a furlough in the Reg t Company commanded by Capt Nathan Peters in the Reg t commanded by Col d Timothy Doolittle in the Massachusetts line - that he marched under Capt s Williams & Dyer and Col d Arnold and after the party had penetrated through the wilderness he marched back with a party of Sick - In 1777 he recd a Commission as first Lieut t in Company commanded by Capt a  in the Regiment commanded by  in the Connecticut line Colonel Wells that he served in the Reg t two years in different companies - one commanded by Isaac Fitch and the other by Capt a Nathan Peters, on the continental establishment - during part of the time he was employed as a recruiting officer in enlisting men for three years or during the war, part of the time he superinten- ded the erection of a fort on the west side of New London Harbor under the direction of Gen l John Tyler who commanded the brigade that at the time of the defeat of Gen l  Dun Arnold he defended the Stores at Cos Cob against 1200  1000 from near Greenwich when the brigade lay against a party of 1500 British light horse - Soon after which he was promoted to be a Captain in the same Reg t and served in that Reg t  various until the same was disbanded at the cessation of hostilities soon after the capture of Gen l Burgoyne

when he returned home not expecting to take the Seal again, that in 1813 a party of the British from Long Island invaded the main, on which occasion he collected a party of about Sixty men and opposed the enemy, he was severely wounded and taken prisoner paroled and returned home after the war took place that he is in reduced circumstances in need of the assistance of his Country for support - that he has no other income now in his power of his the service than the testimony herewith transmitted Signed by Deputant taken & sworn to before me
Josiah Wilton William Brayton
Judge Supreme Court
I William Brayton Judge of the Supreme Court of the State of Vermont do certify that it appears to my satisfaction that the said Josiah Wilton at one time of service did serve for the term of nine months & upwards in the Army of the United States on the continental establish- ment in the revolutionary war as stated in the prece- ding declaration. that he is in reduced circumstances and stands in need of the assistance of his country for support - and I now transmit the proceedings & testimony taken and had before me to the Secretary for the Department at War pursuant to the directions of the aforementioned Act of Congress March 3.
July 15 1818 William Brayton Judge of the Supreme Court of Vermont

State of Vermont & Franklin county Supreme Court Franklin county ss & Clerk's office July 15th 1818
I Horace Jones Clerk of the Supreme Court of the State of Vermont in and for said county of Franklin do hereby certify that William Brayton Esq. is one of the Judges of the Supreme Court of said State duly qualified to act as such and that the foregoing certificate is signed by him in his own proper hand. In testimony whereof I have hereunto signed my name and affixed the Public seal of said Court. Horace Jones Clerk

V.L.M. Rev. War Section.
February 25, 1916.
Mrs. Josephine Law, Shullsburg Shullsburg, Wisconsin.
Madam:
In response to your letter dated the 14 th instant, you are advised that it appears from the papers in the Revolutionary War pension claim of Josiah Witter, that he was born in 1740, and served in the French and Indian War from 1755 to 1763.
In May 1775, he was commissioned First Lieutenant in Captain Nathan Peters company, Colonel Timothy Danielson's Massachusetts Regiment and marched under Captain Williams and Colonel Arnold to Quebec, and after penetrating through the wilderness, returned with a party of sick.
In 1777, he was commissioned First Lieutenant and served in Captains Jabez Fitch and Nathan Peters' companies and Colonel Levi Wells Connecticut Regiment.
In 1781, he was promoted a Captain in the same regiment and served until 1782.
In 1783, he commanded a company of volunteers and was in an engagement with the British near Saybrook, Connecticut,

where he was wounded in four places, taken prisoner and carried to Southold, Long Island, and kept until March 27, 1783, when he was released on parole.
He was allowed pension on an application executed April 17, 1818, while a resident of St. Albans, Franklin County, Vermont.
In 1830 his wife Abigail was sixty years of age. There is no other data on file as to his family.
Very respectfully,
E. C. Tienan Acting Commissioner.

41 359 Very INVALID.
1916 Feb 12 to Mrs. Josephine Daw. V.L.M. 1921 Sept. 19 Heir to Mrs. L.H. Babcock.
File No. 41 359
Josiah Pitts Last Will and Testament
Act: 18 th March 18 th
Index:—Vol. 3, Page 568
[Arrangement of 1870.]

Rev.
19060
Josiah Witters
REJECTED
27/40 27/40
Three horizontal lines and a small mark.

Posiah, Witter's base.
not acted on

✓ W. 1 Rev. Sec.
SHULLSBURG, WIS. FEB. 14, 1916.
Pension Bureau, Washington, D.C.
Revolutionary
Will you please give me a copy of the pension application of Josiah WITTER, who enlisted in Conn. but died in Vermont as stated on p. 640 of Conn. Men in the Revolution, wounded and captured in a skirmish on Long Island. Another source says he died in New Hampshire. He was in Prentices Co. 1782.
Also the Revolutionary pension application of Daniel Webber of York, Maine, who enlisted May, 4, 1775, again mustered Feb. 8, 1777 by the Muster Master of York Co. Me.
Mrs. Josephine Law

Applicant aged 80 yrs - wife 60 yrs old.
See latter part of schedules, where property purchased with pension money is enumerated.
Served 6 yrs in original papers -
See additional statements within, re: 20 th May 1921, from Dept. of Pensions & Pensions
CON - J.L.E -

South Hole March the 27 th 1783
I Josiah Witer Do Acknowledge my self a prisoner
of war to the King of grate Britain and Do Sacredly
Pledge my faith and honour that I will not Do or say any thing or cause to be said done or writ- y thing prejudicial to his subjefts or laws during this my parole that is until I am lawfully and Exchanged for Capt. Ciah or his sonne and deliver my self up to the Governor of Novel Prisoners when called for
witness
This may certify the above is a true copy of the Parole given from mine own hand. Archibald Montgomery Commander of the Black Snake

We the Subscribers Selectmen & Civil Authority of the Town of St Albans in the County of Franklin & State of Vermont. Beg leave to state to the Hon John C. Calhoun Esq. Secretary of War for the United States. That we are Informed that Capt. Joseph Miller of this Town. One of the Revolutionary Pensioners. is for the present suspended from drawing his Pension on act of the am t of Property contained in his Schedule forwarded to you last July under the act of bankrupts of May 1820. We are well acquainted with the situation of said Miller's property & means of support. & can with confidence say that he is very poor indeed. & is wholly unable to labor or do any thing for the support of himself & Wife. Since he made his Schedule as aforesaid we are well Informed & truely believe that all his property Except a few articles of clothing & furniture &c (which are by law protected from being taken in Execution) have already been taken & Sold at the Post an Execution & that there are still Executions remaining unsatisfied against him. but no property can be found to satisfy them. and Should he be committed to Prison we truely believe he might with propriety take the Insolvent Debtors Oath & be Discharged. & if any of the Revolutionary Soldiers need the assistance of Government we think he does - Witness our hands at St Albans May 14 th 1821.
Northern Green Mr Fuller } Selectmen
William H. Weeks Eleazer Brooks } Civil Elijah Stone } Authority Nathaniel Jones } as Justices of Peace Israel Rich and John State } Attorney (County)
Shibley Holmes Sheriff of Franklin
St Albans May 19 1820
I Certify that the above Subscribers are acting in the capacity annexed to their names and that I am personally acquainted with Capt Joseph Miller of this town and truely believe that he is destitute of property & will be a Town pauper without his pension - William Broughton Judge Superior Court

Additional declaration and testimony to Josiah Witter

The Undersigned takes the liberty of observing with relation to the claim of Capt t Witter, that if the department have upward to any rolls for evidence, the which has been for a wrong name, as in the letter of Mr Edmonds the name is written Wilton, but is Witter; I would further observe that no doubt exists with regard to the wounds mentioned in the declaration, that Theophilus Larabee one of the deponents has received a pension for the service under Capt t then Lieut t : Witter, that when Larabee made his declaration before me I enquired for his discharge he said he delivered it in 1782 to one Witter and had not seen him since. I immediately informed that one Witter was then in Jail for debt in St Albans and went with him to the debtor's room where were often a fine person and Witter & Larabee recognized each other and I immediately took Larabee's deposition, I mention this to show that there could have been no collusion between them I have to request the department will pardon this infringement of their rules — William Bragton Judge Sup t Court.
P.S. Capt Witter wishes to suggest that the nature of his employment may render it difficult to find his name and upon regular rolls and that it was frequently mis s pelt, sometimes Witter sometimes Winter.

In this Greatly Court of March D r 1819. before me the Subscribers one of the Judges of the Supreme Court of the State of Vermont, personally appears Josiah Miller of St Asaph in the County of Franklin & State of Vt who being by me first duly Sworn doth on his oath make the following declaration additional to his declaration made on the Sixteenth day of April D r 1810 in order to obtain the pension made for certain persons engaged in the land & naval Service of the United States in the revolutionary war: That after the year in the years 1778 & 1779 he was principally employed as stated in his former declaration that in 1780 he was employed in charge of the stores at Cescob near Grennub - in 1781 he was in commission as a Captain and had charge of erecting of Fort Trumbull on the west side of New London harbor, in 1782 he had been was not in service the regiment having been dismissed in the spring - In the month of February 1783. the enemy made an incursion in or near Saybrook in the State of Connecticut, and he took command of a party of volunteers suddenly collected to repel the invasion an engagement ensued and he was wounded in four places and was taken prisoner by the enemy and stripped, he was then carried on to Long Island at a place called South Hole, he verily believes that his commission was taken from him & lost on that occasion, as he has never seen it since. On the 27 th March D r 1783. when he had so far recovered from his wounds as to be able to travel he was released on his parole a certified copy of which he received on that occasion and transmits herewith, In 1790 he applied for a pension on account of his wounds and in October 1792 the committee acted on his application and he received a certificate for a pension of ten dollars per month which was lodged in the War office and destroyed by fire so that he never received any benefit from the same all the papers relative thereto being destroyed; Taken & sworn to before me the day & year aforesaid -
William P. Barstow Judge of the Supreme Court State of Vermont

I Josiah Witter of St Albans in the County of Franklin and State of Vermont aged seventy nine years -
Do testify and say that when I was first taken prisoner by the British Troops
at South Hold  Long Island  State of New York on the Connecticut Shore opposite to Southold on Long Island I was then a Captain of Volunteers, and earnestly believe my commission was taken from me at that time, or by the low State to which I was reduced by loss of blood from my wound I was incapable of taking charge of any party. I was paroled
by the British Commander in 1783. Served as first Lieutenant and Captain in the Continental Army for about five years under the command of Genl. George Washington
Josiah Witter St Albans July 26 th 1819
Personally appeared the above named Josiah Witter and Made Solemn Oath to the facts set forth in the above Statement St Albans August 13 th 1819. before
Chas. Lapham Justice of Peace

Albany May 19
Free
McEwan
Rec. 28 May 15th
Hon. John C. Calhoun Esq
Secy of War
Washington City

Confidential H. James, Alban
July 23. 1821

James Madison P. U.S.A.
City of Washington.

St. Albans County of Franklin State of Vermont January 26 th 1816
It is a matter of extreme regret Sir that that necessity compels me to trouble you by requesting your assistance that I may obtain justice from the nature of my country on account of a disability I have laboured under for more than thirty years by receiving four gunshot wounds from the enemy in the time of the Revolutionary war I do not wish to trouble you Sir with a narrative of the many privations hardships and dangers which I have suffered in the course of two long eight years war that this Country has been forced into by two of the powerful nations of Europe in about sixty years past. The first from 1755 to 1763 the other above mentioned but I beg the liberty to state to you Sir that in the month of October 1792 I received a certificate for a Pension of committee appointed by Congress which entitled me to receive ten dollars per month from that time forward in aid for a great length of time that I had then lost and a great expense which I had then been at while a prisoner with the enemy and after was up to that time

As I never had received the least assistance from the enemy or from my own Government they allowed me the small sum of two hun- dred dollars in addition to my pension. My Certificate was lodged in the war office but from some cause unknown to me I have never been able to reap one Cent's advantage from it not withstanding I have and still suffer for the want of it. I beg your patience and particular atten- tion Sir while I make a few observations 1 st There is no man of common understand- ing that has worn a commission in an army as many years as I have and has made his duty his study and practice but what must know when he is in the line of his duty and when he has a just claim on his government for disabilities he receives in fighting their battles and I know Sir there cannot be a more just claim than mine in any possible case and if my rulers dis- believe it I wish them to take a proper method to gain the truth.
2 nd If any doubt remains respecting the doings of that Committee as the justness of my claim I wish there may be another committee appointed composed of men of such acute discernment and strict integrity that what they say I am justly

entitled to I may receive without delay I wish also that there may be surgeons ap- pointed to examine me that possess the greatest skill with respect to the various parts of the human body and their natural offices for the opera- tion of my disability is as singular as my wounds are numerous and beyond the reach of any human skill to relieve
B. d If it was possible for me Sir I could wish to appear at the Seat of Government and be examined by the President Senate House of representatives and all the heads of departments there would be no hesitation with respect to the justice of my claim and I believe but little delay in its settlement for hard indeed is the lot of a soldier that has suffered every thing but death in the defence of his Country if he is disregarded by his rulers
Now Sir if you will have the goodness to use your influence that I may obtain justice which is all I ask or wish you will do me a favour that I shall not forget
I am with the highest consideration and humble esteem your most obedient and humble servant
James Madison President of the United States of America
Grisiah Witter

State of Vermont Franklin County ss
On the Seventeenth day of April 1815 before me the Subscriber one of the Judges of the Supreme Court of the State of Vermont personally appears Josiah Witter resident in the Town of St Albans in the County Franklin and State of Vermont who being by me first duly sworn according to her oath on his oath make the following declaration in order to obtain the provision made by the Act of Congress entitled An "Act to provide for certain persons engaged in the land and naval Service of the United States during the revolutionary war

I Bohan Shepard of St. Albans in the County of Franklin & State of Vermont of lawfull age do Testify & say that some time in December or January last. I had in my hands as a Deputy Sheriff for said County sundry Executions against Isaiah Miller of St. Albans aforesaid for collections to the amount of about forty five dollars & I made Demand of said Miller for payment on said Executions but he Neglecting to pay I made search for property & found a horse & some other property which I took & sold on said Executions but the property did not sell for enough to satisfy the Executions - & I can not find any property of his Wherewith to levy to satisfy the balance of said Executions & they still remain unsatisfied - & I further say that I have no doubt if should be committed to Jail he would take the Poor mans Oath & be discharged - for I do not believe he has property to satisfy an Execution of ten dollars - I further say the aforesaid Isaiah Miller is the same man that has been on the Revolutionary Pension Roll - & I understand is at present suspended
Bohan Shepard
State of Vermont } Franklin County ss }
St. Albans May 14 th 1821. Personally appeared Bohan Shepard & after being carefully examined & duly cautioned made solemn Oath that the facts stated in the above Affidavit by him subscribed are true - Sworn & Subscribed Before me
Jonathan Jones Not. Pub.

I Samuel C Boage of the Town of Hanford in the County of Franklin & State of Vermont do testify & say that I am personally acquainted with Josiah Witter now resident in the Town of St. Albans in said County of Franklin. I was also acquainted with the same Josiah Witter during the revolutionary war, and I knew that he was a commissioned officer in the Regiment commanded by Col. Wells in the Army of the United States in the continental establishment during the years 1778 and 1779 - and further this deponent saith not St. Albans June 2 d 1818 - Samuel C Boage
Sworn to & subscribed before me this Second day of June 1818 and I Certify the said Samuel C Boage is a credible witness
William Branton
Judge Supreme Court

Certificate from Doctor Little & Hall —

We the undersigned having examined the body of Capt. Pariah Witter find that he is marked with several wounds which he appears to have received in battle. He is marked on the lower jaw from the effects of a wound, which has carried away a portion of the bone. also, has the scar of a musket ball having passed the under his left arm and penetrated through the chest & come out behind the scapula He also appears to have rec d some injury about the navel, which has occasioned a rupture of that part and also there is the appearance of a ball having passed through the left arm. all of which wounds he says he received in battle in the war of the Revolution.
Capt Witter is a man seventy  sixty some years of age. We have known him several years and know him to be a man bearing  loyal under infirmities, and a man of good report.
St. Albans May 12 th 1819 - Ephraim Little, Surgeon of the 1 st Reg t in the 3 rd Brigade, of the 3 rd Division of the Militia of the State of Vermont
Charles Hall. Practicing Physician & Surgeon
State of Vermont } St. Albans 26 th July 1819. Personally Franklin County } appeared Ephraim Little & Charles Hall and acknowledged  to the above Certificate Sworn before me Sam l Barlow Justice Peace

I Adam Beals of the Town of St Albans in the County of Franklin & State of Vermont do testify & say that I am personally acquainted with Josiah Witter of St Albans aforesaid I was also acquainted with him A.D. 1775 and I knew that he was then a Lieut in the Army of the United States which marched under Col Arnold for Quebec, and further the deponent saith not
Adam Beals
St Albans May 20. 1813.
Sworn to & Subscribed before me this 20 th day of May A.D. 1813 Certify that the said Adam Beals is a credible witness.
William Branton Judge Supr Court Vermont

Isiah
Isiah Witter Lieutenant
77 to 83
The Webb. Connecticut The claimant was not an officer on the conti- nental establishment. —
Rejected. Rest
War Dept.
Pension Office,
April 16. 1819
J. L. Edwards.
Admitted
It is necessary that the Applicant should produce his Commission of in- -tance and on Continental establish- -ment.

I Theophilus Larabee of the Town of Cambridge in the County of Franklin & State of Vermont do testify & say that I was a Soldier in the Company commanded by Capt. Labey. Fitch in the Regiment of Col. Wells in the Army of the United States in 1779 from May in that year until the last of February or first of March following that during said time of mine master. He was in with me, & I sent Jonah Witter of the same company that the said Witter was employed principally in the recruiting Service, Soon after my discharge from Service in 1782 I delivered my discharge to said Jonah Witter in order to obtain my pay I have never seen said Jonah Witter since until last evening when I accidentally found him in St. Albans in the County of Franklin of Vermont and I knew him to be the same Jonah Witter who was an officer in the Army of United States as aforesaid, and farther this deponent saith not St. Albans May 20-1818
Theophilus Larabee
Sworn & subscribed before me
this 20 th day of May 1818
certify that the said Theophilus Larabee is a credible witness
William Bragton Judge Supreme Court Vermont

St. Albans Jan. 25
James Munroe
Secretary of the
City of Washington
Free Esq.
Mr. B. B. B.
Mr. B. B. B.

St. Albans County of Franklin State of Vermont January 16 th 1816
I beg the favor of you Sir to convey the inclosed letter to the President the subject of which is an appeal to the general Govern- ment for justice on account of wounds which I received together with necessary expenses which I was at during the Revolutionary war
It is my wish to receive whatever Government see fit to allow me at the Treasury of this State
Your compliance with my request will much oblige your humble Servant
James Monroe Secretary of State
Jonah Witter

ARREARS OF PENSION.
Communicated to the House of Representatives, March 5, 1794. Mr. Swift, from the committee to whom was referred the petition of Josiah Witter, made the following report:
That the said Josiah Witter, agreeably to an act of the Congress of the United States, entitled " An act to provide for the settle- ment of the claims of widows and orphans barred by the limitations heretofore established , and to regulate the claims to invalid pen- sions," applied to the Circuit Court of the United States, holden in the district of Connecticut, on the 1st day of October, 1794, and, on legal examination, obtained a certificate that he ought to be placed on the pension list of the United States, signed by James Iredell and Richard Law, as commissioners by the said act. That the said Witter presented the said certificate to the Secretary of War, and required that he should be placed on the pension list of the United States, in pursuance of said certificate. That the Secretary of War refused to do the same, for the sole reason that the said certificate was issued by commissioners, and not by the Circuit Court of the United States. That, pursuant to an act of the Congress of the United States, entitled " An act to regulate the claims to invalid pensions," a decision has been given by the Supreme Court of the United States, that such certificates signed by commissioners are not valid, and that the said Witter has yet a right to be placed on the list of invalid pensions, by virtue of an act of Congress, entitled " An act to regulate the claims to invalid pensions."

The committee observe that there are a number of claimants in a similar predicament with the petitioner, who have, pursuant to an act of Congress, made application, and obtained certificates which are in every respect valid, excepting that they are signed by commissioners, and not by the Circuit Court. That when the plain principles of justice are only considered, this must be deemed a very material circumstance; and it bears hard upon the unfortunate claimants, after having been once at the expense of substantiating their claims, pursuant to an act of Congress, that they should now be rejected solely for a defect in point of form, and thus be again compelled to incur the expense of supporting their claims before another tribunal. The committee are of an opinion that it would not be expedient for Congress to take into consideration any particular claim of this description, but that the peculiar situation of these claimants, collectively, merits their attention, therefore submit the following resolution to the consideration of the House.
RESOLVED, That the Secretary of War be directed to make a report of the cases of all claimants to be placed on the pension list of the United States, who have obtained certificates from the Circuit Courts, signed as Commissioners, or from the district judge of the court of Maine, for the purpose that Congress may place on the pension list those claimants whose cases come clearly within the description of law.

Rec
Wisconsin Rapids, Wis., 1921.
Commissioner of Pensions Washington, D.C.
Dear Sir. Will you please send me Pension record of Josiah Witter who in 1777 was commissioned 1 st Lieutenant and served in Capt James Fitch's and Nathan Peters Company's and Col Levi Wells. Conn Regiment. in 1781 he was promoted a Captain and served until 1782 in 1783 he commanded a Co of Vol. and was in an engagement with The Bridick near Daybrook Conn where he was wounded. Taken prisoner and kept until March 1783. He was allowed a pension

Apr 17 th 1818. While a resident of St Albans. Franklin Co. Vt his - due to his ancestors will join the D. A. R.
Respectfully
Mrs D. H. Babcock. Registrar Sh. Dak-wa-gam Chapter. D. A. R. 104. 4 th St N.
Wisconsin Rapids Wisconsin,

PENSION D U. S. AUG 30 1921 OFFICE
RECORD AUG 31 1921 DIVISION
†