Revolutionary War Pension and Bounty Land Warrant Application File R. 11748, Andrew Witham, Navy Mass. Residence Maine Agency

SERVICE
NUMBER
Navy
Witham, Andrew Lydia
R. 11748
Mass. residence: Maine agency Died in N.H.
CONTENTS

12.096 D
Maine
Andrew Witham
of _____ in the state of _____ who was a Mariner  Ship in the regiment commanded by Colonel  General Sanders of the Cont. Mass. for the term of 13 M s (m th )
inscribed on the Roll of _____ at the rate of 8 Dollars per month, to commence on the 7 th of April 1818
Certificate of Pension issued the 21 st of June 19 and sent to Benj. Laine South Berwick Maine
Arrears to 4th of Mar 1819 87 11 13 Semi-ann. all'ce ending 4 Sept 19 48.
10 24 4 10 30 31 133 5 11 13
{ Revolutionary claim, } { Act 18th March, 1818. }
Continued
Application sent to Genl Small Esq 12 th October 1820. Burnbank Me

Andrew Witham
12095
AM
Newfield
June 19
ELLEN H. HATHORN

STATE OF MAINE.
York ss.....At a Circuit Court of Common Pleas for the first Eastern Circuit, begun and holden at Yorke within and for the County of Yorke , on the first Tuesday , being the fourth day of July and by adjournment at Alfred , from day to day, on the eighteenth day of July in the year of our Lord one thousand eight hundred and twenty, before the Honorable Benjamin Greene, chief Justice Judge of said Court.
ON this eighteenth day of July , in the year 1820, personally appeared in open court, —
the same proceeding according to the course of the common law, having jurisdiction unlimited in amount, keeping a record of their proceedings, and having "the power of fine and imprisonment," and being a Court of Record for said Circuit , Andrew Witham aged sixty six years, resident in Newfield, formerly of Berwick , in said Circuit who being first duly sworn according to law, doth on his oath declare that he served in the Revolutionary War as follows, viz. as a seaman — frigate Alliance, 36 guns in the company commanded by Capt. Peter Landres , in the Regiment commanded by Colonel in the line of the State of Massachusetts , on the Continental Establishment, as is more particularly mentioned and described in his original declaration, made on the day of April , — A. D. 1818, and on which said declaration his Certificate of Pension, numbered 12.096 was granted. And I do solemnly swear that I was a resident citizen of the United States on the 18th 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 so 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 18th 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 income other than what is contained in the schedule hereunto annexed, and by me subscribed; that my occupation and ability to pursue the same, together with the number and other particulars of my family, are in fact and in truth as is herein particularly described, also subscribed by me.
Andrew Witham
Sworn to and declared, on the 10 th day of July , A. D. 1820. }
BEFORE
Benj a Greene, ch. Justice
{ One of the Judges of the said Court.
Atty. Daniel Sewall, Clerk.

SCHEDULE of the real and personal estate, (necessary clothing and bedding excepted) belonging to me the subscriber, viz :
1 cow - 2 sheep - 1 pig -
Andrew Witham
SCHEDULE of the family residing with me Andrew Witham , who, by occupation am a flax dresser , which I am able to pursue by reason of part of the time.
   NAMES. AGES. Capacity of each to contribute to their support.     Wife Lydia - 59 weakly & unable   Son Abrah m Witham 14 able   Bright r Anna Witham 27 cripple & unable -  
Andrew Witham
STATE OF MAINE.
I, York ss. Daniel Sewall , Clerk of the Circuit Court of Common Pleas for said Circuit, within the county of York do hereby certify, that the foregoing oath, and the schedules thereto annexed, are truly copied from the Record of the 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 sixteen dollars and fifty cents. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal of the said Court, on this twenty second day of July , A. D. one thousand eight hundred and twenty.
Daniel Sewall, { Clerk of the said Circuit Court for the County of York .
16.50

9542 V Lydia Witham Deceased Act July 7 th 38 Asbury New Hampshire -

Declaration
In order to obtain the benefit of the act of Congress passed July 7 th 1838
State of North Hampshire
Strufford County ss On this fourth day of July A.D. 1838 personally appeared before the Court of Probate now sitting in and for said County. Andrew Witham a resident of Sonnersworth in the County of Strufford and State of New Hampshire aged forty seven years: who, being first duly sworn according to law doth on his oath; make the following declaration in order to obtain the vested right to the benefit of the provision made by the act of Congress passed July 7 th 1838, That he is the Son of the Widow of Andrew Witham who was a Mariner in the Continental Navy for more than two years as set forth in his declaration for his pension under the act of 1818. He further declares that his Father the aforesaid Andrew Witham and his Mother Lydia Witham were married in Barwick in the County of York and State of Maine on the 13 th day of October 1783, and that his Father the aforesaid Andrew Witham died on the fifth day of January 1840 in said Sonnersworth, and that his Mother Lydia Witham Widow of the late said Andrew Witham died also in said Sonnersworth on the ninth day of November 1841 and that she did not intermarry but continued his Widow until her death. Andrew Witham
Sworn to and subscribed on the day and year above written
Before me
Thomas W. Sprague Judge Probate

This certifies that I am acquainted with the within named, Mr William and from my knowledge of the man I have no doubt he sustains a good character for truth
B W Jenney Judge Probate
State of New Hampshire
Strafford ss. I certify that Bening W. Jenness is Judge of the Court of Probate within and for said County of Strafford and that the two foregoing signatures, purporting to be his, are genuine
In testimony whereof I have hereunto set my hand and affixed the seal of said Court of Probate this fifth day of July A. D. 1843.
W. A. Marston, Register of said Court

State of New Hampshire
Stratford ss. I, Winthrop A. Marston, Register of the Court of Probate, within and for said County of Stratford, certify, that satisfactory evidence has been filed in the Probate-Office for said county which proves that Andrew Witham a Revolutionary Pensioner, late of Somersworth in said County & formerly of Berwick in the County of York & State of Maine - died at said Somersworth on the fifth day of January A. D. 1840 & that Lydia Witham widow of said Andrew, died at said Somersworth on the ninth day of November A. D. 1841 - And that Andrew Witham and Anna Witham are the only surviving children and heirs to the said Andrew and Lydia, deceased, now living -
In testimony whereof I have hereunto set my hand and affixed the seal of said Court of Probate this 5th day of July A. D. 1843
W. A. Marston, Register of said Court

Extract from the Records of the Town of Berwick in the county of York and State of Maine, under the head of Marriages Solemnized by the Rev. Matthew Merriam Minister of the Gospel in said Town is the following entry viz. "Seventeen hundred and eighty three October thirteenth Andrew Whitham with Lydia Grant both of Berwick." I Oliver Worster Clerk of said Town of Berwick depose and say that the foregoing is a true copy of the Record with the exception of the date which is expressed on the Record in fair legible figures as follows viz. "1783 - Oct. 13 th "
Oliver Worster } Town Clerk of Berwick
I Oliver Worster above named depose and say that I hold the office of Town Clerk in the Town aforesaid and that the above is a true extract from the records of the said Town with the exceptions aforesaid as certified by me
Oliver Worster } Town Clerk of Berwick
State of New Hampshire. Strafford, Ss. Aug. 1 st - 1843. Subscribed and Sworn to before me by the above named Oliver Worster before me.
Ichabod G. Jordan Justice of Peace
I Ichabod G. Jordan - Justice of the Peace in & for the County of Strafford, N. Hampshire certified Oliver Worster above named is well known to me to be a credible witness, that he is enti- tled to full credit - that he is the now know- ledge town clerk of the Town of Berwick in the County of York, Maine.
Ich. G. Jordan Justice of the Peace in & for the County of Strafford

State of New Hampshire Strippford ss. I. Winthrop A. Marston, Register of the Court of Probate within and for said County, certify that I have been and am personally acquainted with Ichabod G. Jordan, Esq. of Somersworth in said County - that said Jordan, for several years last past, has been an acting magistrate and Justice of the Peace within and for said County, to my personal knowledge I further certify that the two foregoing signatures of said Jordan, purporting to be his, are his genuine signatures - In testimony whereof I have hereunto set my hand and affixed the seal signature of said Court on this fifth day of July A. D. 1843.
W. A. Marston, Register of said Court

Andrew Witham 39/3v
Mariner Ship Alliance 1 year
rec? May 20. 1819.
Samuel D
This applicant has been anxiously endeavoring for some time past to furnish other & additional evidence of his services, but hitherto without effect, the Officers under whom he served, and the men with whom he served are all either dead, or re- moved beyond his knowledge, he is very poor, but is I believe a man of the strictest integrity, I do not in the least doubt the truth of his declarations - I hope that he may be found upon the rolls, or that the hon'd Secretary may be otherwise satis- fied of his services & forward his affi- davit -
Henry A. Greene South Berwick, Maine
United States in the District Court, W.D. Me. at Bangor, ss. On this day personally appeared Andrew Witham, known to me to be the person described in and who executed the foregoing declaration, and acknowledged that he executed the same for the purposes and consideration therein expressed. Given under my hand this 20th day of May in the year of our Lord one thousand eight hundred and nineteen. A. D. 1819. COMMONWEALTH OF MASSACHUSETTS

COMMONWEALTH OF MASSACHUSETTS.
YORK, ss. } ON this twentieth day of April A. D. 1818, before me the subscriber, Chief Justice of the Circuit Court of Common Pleas for the first Eastern Circuit in said Commonwealth, personally appears Andrew Witham aged sixty four years resident in Brewster in said county of York, who being by me first duly sworn according to law, doth on his oath make the following Declaration in order to obtain the provision made by the late 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 :"—That he the said Andrew Witham in the Spring of the year of our Lord 1779 entered as a marine on board the Continental Frigate Alliance, commanded by Capt. Peter Landers, at Port Brest in France - from whence they sailed on a cruise against the common enemy, took all British Merchantmen which they carried into the Orient in France, where the vessel underwent considerable repairs, thereon sailed on a cruise in the north sea off Scotland & Ireland took two twenty gun ships from the enemy which were better of Mark & reprimand, named the Union & the Betty - That he was put on board the Prize Union, Capt. White prize Master, which was carried into north Bergen in Denmark, where both prizes were seized by the King of Denmark, and restored to the British - That he with the rest of the crew was put on shore, and provided for by the French Council, at Denmark about three months, until a trial was had upon the prizes, when he was sent to Copenhagen in a vessel provided by the King of Denmark, where he was discharged by prize Master White in the Month of May 1780, having served in the Continental service about thirteen months - And that he has no other evidence now in his power of his said services -
That he is reduced in his circumstances and needs the assistance of his country for support, and that he has no other evidence now in his power of his said services.
Sworn to and declared before me the day and year above said.
Benj a Greene
I, BENJAMIN GREENE, Chief Justice of the Circuit Court of Common Pleas for the first Eastern Circuit, in the Commonwealth aforesaid, do certify, that it appears to my satisfaction that the said Andrew Witham did serve in the revolutionary war against the common enemy, as he has stated in his declaration aforesaid—and that he is reduced in his circumstances, and needs the assistance of his country for his support.—And I do now transmit the proceedings and testimony taken and had before me to the Secretary for the Department of War, pursuant to the directions of the before mentioned act of Congress.
In testimony whereof I have hereunto set my hand and affixed the seal of said Court this
fifteenth day of June
Anno Domini, 1818.
Benj a Greene

In reply to your request of _____, received _____ for a statement of the military history of Andrew Witham a soldier of the REVOLUTIONARY WAR, you will find below the desired information as contained in his (or his widow's) application for pension on file in this Bureau. S. F. 35,723.
   DATES OF ENLISTMENT OR APPOINTMENT. LENGTH OF SERVICE. RANK. OFFICERS UNDER WHOM SERVICE WAS RENDERED. STATE.   CAPTAIN. COLONEL.     Spring, 1779 13 mos. Marine  enlisted in and  Sailed from France in Continental  Frigate "Alliance," Com. by Capt. Peter  Landaus. Captured a British merchantman,  and while cruising off Scotland and Ireland  took the ships "Union" and "Betsey"; discharged  at Dunkirk in May, 1780.   
Battles engaged in, _____
Residence of soldier at enlistment, not stated.
Date of application for pension, Apr. 7, 1818. His ch. was ch.
Residence at date of application, Berwick, York Co., Mass.
Age at date of application, 64 yrs.
Remarks: He mar. at Berwick, Mass., Oct. 13, 1783, Lydia Grant; he died Jan. 5, 1840 at Somersworth, Strafford Co. N.H., where she also died Nov. 9, 1841, aged 80 yrs. Children: Anna, aged 27 yrs. and Abraham, 14 yrs. in 1820; Andrew, 47 yrs. of age in 1843.
Very respectfully,
Commissioner.

1912, Nov. 22. Hist. to Miss Eliza Witham Fr.
1914, Dec. 3. History to Mrs. Harry M. Wilkins Fr.
Invalid
Rev
File No. 35723
Andrew Witham
Mariner
U. S. Navy
Rev War
Act 18th March 1812
Index: Vol. _____, Page _____
[Arrangement of 1870.]

Acts of July 14, 1862, and March 3, 1873.
11748
P. O. Sydia Witham
Service: _____
REJECTED
Enlisted: _____, 18 .
Discharged: _____, 18 .
Application filed: _____, 18 .
Alleges: _____
Re-enlisted: _____
Attorney: _____
P. O. _____
_____ Recognized. _____ Contract.

Richard Russell
Sept 24 1843

Pension Office Sept 26 1843.
Sir.
The papers in the case of Lydia Witham deceased claiming a pension under the Act of July 7 th 1838 have been examined and placed upon file. It appears that Andrew Witham the husband of the claimant died on the 5 th day of January 1840 consequently that Lydia Witham the claimant was not a widow at the time of the passage of the Act of 7 th July 1838, and would not have been entitled to a pension had she then  applied after her husband's death and prior to the passage of the Act of August 23 d 1842. It further appears that the said Lydia Witham died on the 9 th day of Nov r 1841 many months before the passage of the above named Act of Aug t 23 d 1842. It follows therefore that as the children have no right except under their mother and as the mother was not entitled to a pension at the time of her death, the children are not entitled to receive anything  any thing . The claim is rejected.
Richard Russell Esq. Rochester N Hampshire
N o 9342 Act July 7 th 38

Charleston W.V. July 6, 1843
Sir
Here with is enclosed the declaration of Andrew Witham late of Jonesworth declining the vestee right to the pension due his Mother at her decease -
I am Sir your very obed serv
Richard Phelps
James L. Edwards
Commission of Pensions
Washington D.C.

W N o 9342 Lydia Witham Andrew New Hampshire 2/2/38
Rejected
At R. Russell Sep. 21 1838
117418 Act July 7, 38

128 Milton Street, Brooklyn, New York, November 18th, 1912.
Commissioner of Dept. of Pensions;
My dear Sir:
May I apply to your department to learn how I can obtain the following information?
I wish to learn the exact service rendered for which my great grandfather was placed on the Revolutionary Pension Rolls, as a marine entitled to a pension, which pension he received from 1816 to 1835, or thereaway.
The record of the pension awarded him is given in "Senate Document, Pension Rolls," vol. 1, page 85; name Andrew Witham. 835123
I find the Rolls in the New York Public Library but cannot find the further record.
If it is within your province to advise me

how to obtain this information I shall be duly grateful.
Respectfully,
(Miss)
Eliza Witham.

one 2 ct Stamped Envelope enclosed M
Miss Mary M. Wilkins Putnam St. Danvers Mass.
Stamped envelope ret'd - bLW
Librarian of Pension Bureau; - Dear Sir, -
Will you please send me Official information regarding Pension granted on April 7-1818 and continued until death Jan. 1840 to Andrew Witham born in Kittery Maine in 1755.
My Daughter is already a member of the C. A. R. on these same papers. but for some reason they ask me at Washington to secure them of you, before accepting my papers.
And greatly oblige
Annette Witham Wilkins. (Mrs. Wilkins.)