Revolutionary War Pension and Bounty Land Warrant Application File S. 44225, James Witham, Mass.

SERVICE
NUMBER
Mass
Witham James
S. 44225
CONTENTS

Lib Wm Adackel 30 Dec 57
18489
New York
James Witham.
of Syracuse in the State of New York who was a Private in the Regiment commanded by Colonel Brewer of the Massachusetts line, for the term of war .
Inscribed on the Roll of New York at the rate of 8 Dollars per month, to commence on the 3rd of October 1820
Certificate of Pension issued the 6th of July 1822 and sent to the Hon. Chas. Borland Jr. (House of Reps.)
Arrears to 4th of Sept 1821 $88.54 Semi-ann. all'ce ending 4th Mar 1822 48. 10 mo 27/31 6/30 $136.54
{ Revolutionary claim, Act 18th March, 1818. }
31 May 1820

Original Claim
District of New York } County of Seneca } ss: On this 3 d day of October in the year of our Lord eight- teen hundred and twenty personally appeared in Open Court in the Court of common pleas held in and for the County of Seneca in said State before the Judges of the same court it being a Court of records because it is so declared by the laws of the said State & proceeds according to the course of the common law with a jurisdiction unlimited in point of amount & keeping a record of their proceedings and a common seal. James Witham, of the town of Ithaca, County of Seneca & State of New York, aged Sixty one years, who being first duly sworn according to law doth on his oath make the following declaration in order to obtain the provision made by the acts of Congress of the 18 th March 1818 & the first May 1820, that he the said James Witham enlisted for the term of du- ring the war with Great Britain in the month of Feb- ruary in the year of our Lord 1777, in the town of Hittery in the County of York & State of Massachu- setts in the providence of Maine in the company com- manded by Captain Silas Berbanks in the Regiment commanded by Colonel Samuel Brewer in the line of the State of Massachusetts in the Massachusetts continental establishment, that he continued to serve in said Corps until the 10 th day of June in the year of our Lord 1783, when he was discharged from the said service at the town of Newburgh in the County of Orange in the State of New York, That he was in the Battles of Hubbleton near Treon de- roga under Colonel Warner, also in the Battle at Stillwater

at the taking of Burgoyne & in the battle at Monmouth & in the battle of Stony Point under Genl Anthony Wayne. And in pursuance of the act of the First May 1820, I do solemnly swear that I was a resident citizen of the United States on the 18 th day of March one thousand Eight hundred and Eighteen & 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 so to diminish it as to bring myself within the provision of an act of Congress, entitled "An act to provide for certain persons engaged in the land & naval Service of the United States in the Revolutionary war" passed on the 18 th day of March one thousand eight hundred and Eighteen, and that I have not nor has any per- son in trust for me any property or securities, contracts or debts due to me nor have I any income other than what is contained in the Schedule hereto annexed and by me subscribed. To wit. — I have no real Estate of any description. I have one Cow & one Calf, six months old, two small hogs and four young pigs one pot & one Kettle, two pails one pair of Tongs, six old chairs & one old table, one Scapet earthen & one Teakettle, one old axe & one pitchfork, three old knives & three forks six old spoons. — — — James Witham — And I do further solemnly swear that I have no other occupation except that of a day laborer at the bu- siness of Farming, and that my health for five years past has been extremely poor so that I have not been able to perform one half days work in a day,

during that time, that he has a disorder called the piles, and is frequently unable to labor at all that his family consists of himself his wife & two children, the one a son aged 15 years who is entirely dependent on this deponent for a living & support in consequence of his ill state of health from a disease called the asthma with which he is continually afflicted, the other a daughter aged 17 or 18 years who does nothing toward assisting this Deponent to a living & is barely able to support herself. I am indebted to Physicians for attendance on myself and family in the sum of Twenty dollars. I am indebted for rent for the place which I occupy in the sum of $50 I am also indebted to one Benjamin Marsh in the sum of $15 for necessaries for my family's use. . . . —
James Witham —
Sworn & declared in Open Court this 3 d day of October 1820 before the said Court. Attest. J. H. Halsey Clk.
State and District of } James Witham the declarant New York County of } in the annexed declaration named Seneca Js. ————— being duly sworn deposeth and saith that on the 10 th day of April 1818 I applied to Luther H. Stevens esquire attorney at law of the said County to assist me in procuring my certificate & pen- sion under the act entitled "An act to provide for cer- tain persons engaged in the land & naval service of the United States in the revolutionary war pas- sed 18 th March 1818, that the said Stevens made out my declaration pursuant to the provisions and,

directions of the said act, which this deponent made oath to on the said Tenth day of April in the year 1818 and then left the same in the possession of the said Stevens with directions to him to send the same to the war de- partment, that the said Stevens afterwards afterwards informed this deponent that he had procured the same to be transmitted to the war department, but had not been able to obtain any information of its having reached the said department & further saith not. — James Witham.
Sworn in Open Court } J. H. Halsey Clk. — 4 th Oct. 1820 before me
I, John Maynard, Clerk of the County of Seneca & of the Court of common Pleas of said County do hereby certify that the foregoing oath & the Sched- ule thereto annexed are truly copied from the records of said Court, and I do further certify that it is the order of the said Court that the total amount in value of the property described in the aforesaid Schedule is twenty nine dollars & seventy five cents. In testimony whereof, I have hereunto set my hand & affixed the seal of the said Court on this 15 th day of October 1821. John Maynard Clerk. Eliab Sander Dep. Clk.
(Note) The words, "Of the town of Seneca County of Seneca & State of New York" inserted by order of the court 9 th Feby. 1821 J. H. Halsey Clk.

44 225
INVALID.
Rev 
File No. 44 225
James Witham Rev Peter Kay
Act: 18 th March 18 th
Index:—Vol. 3 , Page 570
[Arrangement of 1870.]

New York, Albany Roll Act 18 March 1818, Seneca Co., James Witham, Esq., $8 per month. To what time last paid? p d to 4 th March 1831. B. W. H. Pension Office, Col.
May Hogan

Mr. Edwards
Sealy at War
Hon! C. Calhoun
John H. Bonar
John G.
Hon!

Washington Jany. 28-1822
D. Sir,
By giving to the enclosed papers an early examination and advising me of the result you will very much oblige an indigent Soldier
yours respectfully &c.
C. Barland Jr.
Hon. J. C. Calhoun
N.B. I am informed the other necessary papers are on file in the war department.
A B —

18,2852
James Witham, Seneca Co. N.Y.
Dec 19th 1821
Elial Scudder Junius, N.Y.
Recd 27 Oct 1821
John
Rejected -
Dexter -
Washington City.
See letter to Agent 21 Nov 1821.
Found in { vol. 1. p. 164. T.S.C. }
He met him at W.H.

Sir
I send enclosed to you, James Withames affts. he having employed Lesse Clark Esquire & Attorney at law to attend to the same at October Term 1820, not having had any information from the said Lesse Clark of the same having been done. Please Direct an answer To yours &c. — Elial Soudder —
Waterloo 16 th October 1821. —

David
off

State of New York Orange County ss
David Leavitt of the Town of Cornwall in said County being only sworn to doth depose and say that he is acquainted with James Withams and has known him ever since the year 1777. and that the said James Withams belonged to the same troops as the deponent did in 1777. and that the said James continued in the Army until about the year 1780 at which time he absented from the Army but some time after returned and kept himself concealed until General Washington issued a proclamation purporting a free pardon to all that would return to their duty and the Deponent further saith that the said James Withams did return and join the same Company he left then commanded by Col. Mamer. and the said James continued in the Army until the close of the war at which time he was discharged with him the Deponent and the rest of the Army. and further the deponent saith that
Sworn to and subscribed this
David Leavitt
16 th day of January 1822.
Before me.
William A. Clark Justice of Peace

Q
Honorable the Secretary for the Department of War
Washington

Conesville Orange County State of N York Oct 19 1822
Honorable Secretary of War
Sir Inland I send you this Affidavit of Mr. that can be relied on to strengthen the Application of James Witham who formerly resided in the County of Orange & now is one of the Ulster County. Mr. James faces he informs me that his papers are on file in the Secretaries office and that he was enrolled but appears that he deserted he did desert but return in about Eighteen Months was paroled and served sometimes about Eighteen Months and was discharged with the rest of the Army his receiving a full Discharge I suspect led him into an error in making his declaration. He states to me that he was enrolled and afterwards he understands his desertion is noted. He thinks in examining further you will find he joined the same Company under Capt. Manners and served unto the end of the war his time of service was about four Years and 7 1/2 all of which is humbly submitted by Yrs Obedt Servt
William A. Black
Should be so fortunate as to receive a Warrant please remit to Mr Cantebury Post Office Orange County State of New York

State of New York
Orange County
vs Luke Manthey of the Town of Cornwall in said County
Being only sworn to the deponant and say that he is
Acquainted with James Withams and has known him since the year 1779. and that the said James did belong to the Revolutionary Army amongst the New England troops as was called and the deponant further says that the said James did desert or leave the Army for some time and return and before the Army about one and 1/2 year before it was disbanded and that he knows he was discharged with the rest of the Army at Saratoga at the close of the war in 1783. and further the Deponant saith Not
his Luke M Manthey Mark.
Sworn and Subscribed before me this 15 th day of January 1822, William Abbot Clerk
State of New York Orange County
vs Henry But of Cornwall Orange County and State of New York
being only sworn to the deponant and say
that he is acquainted with James Withams and has known him since the year 1777. and that the said James enlisted in the same Company with him under Col d Bumberbach in 1777 and served until some time in the year 1780 at which time he deserted or absented himself from the Army. and about some Eighteen Months he returned and received a free pardon and found the same Company he formerly belonged to which was then commanded by Col d James Manes and the Deponant further saith that there was a proclamation issued by the Commanding Officer that he saw the purport of which was that if he would return to his duty there should be no stoppage of pay. and the Deponant further saith that the said James Withams served until the end of the war and was Honorably discharged at Saratoga

Will in Utica County (New York) with him the Defendant and the rest of the Army and further the Defendant saith that
Sworn and Subscribed this 15 th day of January 1822
his Henry F. Bul mer
Before Me.
William A. Black Justice of the County