Revolutionary War Pension and Bounty Land Warrant Application File W. 6556, James Witherell, Mass.

SERVICE
Mass.
Witherell, James Amy
NUMBER
W. 6556
B.L. Mt. 1835-150.
CONTENTS
26

James Witherell N o . 1835
Rec d . April 16. 1832

Treasury Department.
16 April 1832.
I hereby certify that James Withersell has been found entitled to the benefits of the act of the 15 th May 1828. as an Ensign of the Massachusetts Line.
Francis A. Dickinson. Clk.

Revolutionary Claims.
[ A. ]
Form of a Declaration to be made by the Officers.
For the purpose of obtaining the benefits of an act, entitled "An act for the relief of certain surviving Officers and Soldiers of the Army of the Revolution," approved on the 15th of May, 1828, I, James Withrell of the township of Hamtramck , in the county of Wayne , in the State of  Territory of Michigan , do hereby declare that I was an officer in the Continental Line of the Army of the Revolution, and served as such* to the end of the war.
at which period I was a Ensign in the Elevth regiment of the Massachusetts line.
And I also declare, that I afterwards received certificates (commonly called commutation certificates) for a sum equal to the amount of five years' full pay; which sum was offered by the resolve of Congress, of the 22d of March, 1783, instead of the half pay for life, to which I was entitled under the resolve of the 21st of October, 1780.
And I do further declare, that I have received of the United States as a pensioner since the 3d day of March, 1826,†
Witness my hand, this 18 a day of March , in the year 1830  James Withrell
Before me, ‡ J. H. Withrell a Justice of the Peace in the county of Wayne and Territory of Michigan , personally appeared, this day, James Rowland and Henry Chipman of the said county, who did severally make oath that James Withrell , by whom the foregoing declaration was subscribed, is generally reputed and believed to have been an officer in the Army of the Revolution, in manner as therein stated.
Witness my hand, this thirtieth day of March  1830 .
in the year Thomas Rowland } witnesses. Henry Chipman
J. H. Withrell Justice of the Peace
I, James B. Whipple , Clerk of the Court of the county of Wayne , in the State of  Territory of Michigan , do hereby certify, that J. H. Withrell , before whom the foregoing affidavits were sworn, was, at the time, a Justice of the Peace for said county, and duly empowered to administer oaths.
In testimony whereof, I have hereunto set my hand, and affixed the seal of the said Court, this 31 st day of March  1830  J. B. Whipple Clerk of Wayne Co. Court.
* Here insert, To the end of the war, or, (as the case may be,) to the time when the arrangement of the Army provided by the resolves of Congress of the 3d and 21st of October, 1780, was carried into effect; and that I was reduced under that arrangement.
† Here insert, The sum of _____ dollars, paid to me by the agent for paying pensions in the State of _____ . If the claimant has not been a pensioner, this part of the declaration may be omitted.
‡ A Justice of the Peace, or other magistrate duly empowered to administer oaths, as the case may be.

who served in the Revolutionary war, as an Ensign.
Republ
Inscribed on the Roll at the rate of 340 Dollars
Cents per annum, to commence on the 4th day of March, 1848.
Ending Aug. 7, 1848.
Certificate of Pension issued the 1 day of May 1849 and sent to
C. P. Hastings Detroit Mich
Recorded on Roll of Pensioners under act February 2, 1848, Page 384 Vol. 2

6055
Anny Witherell Michigan
26 Feb 1980 from 18 May 1981 Ennis Col Takhor abt 15 May 1928 No 1093

State of Michigan } ss. On this nineteenth day of July in the year of Our Lord One thousand Eight hundred and thirty nine, Personally appeared before me, the undersigned one of Judges of the Supreme Court of the State of Michigan. Amy Witherell a resident of the City of Detroit, in said State - who being first duly sworn according to Law. doth on her oath make the following declaration in order to obtain the benefit of the Provision made by the Act. of Congress Passed July 7th A.D. 1838. Entitled an act granting Half Pay & Pensions to certain widows,
That she is the widow of James Witherell, who was an Ensign in the Eleventh Regiment of the Massachusetts Line on the Continental Establishment, in the war of the Revolution, that he entered the said service about the beginning of the war and served til the end of the war, as she has been informed and verily believes, but of the particulars of such service she has none, no evidence in her power except the Testimony upon which the said James Witherell obtained the benefit of the said Act of Congress Passed May 15th 1828. and which Testimony she believes to be on file in the Proper Department of the Government at Washington - and she further declares that she was lawfully married to the said James Witherell, on the Eleventh day of November in the year of Our Lord One thousand Seven hundred Ninety, that her husband the aforesaid James Witherell died on the ninth day of January in the year Eighteen hundred & thirty eight, that she was not married to him prior to his leaving the service but the marriage took place previous to the first of January Seventeen Hundred Ninety four, viz - at the time as above stated.
Sworn to and subscribed before me the day & year above written
Amy Witherell
Wm A. Fletcher
Chief Justice Sup. Court Michigan

State of Michigan
Secretary of State's Office
I hereby certify that William A. Fletcher whose signature is attached to the joint of the within affidavit was at the time said affidavit bears date & still is Chief Justice of the Supreme Court of the State of Michigan
In witness whereof I have hereunto set my hand & the seal of the state, at the city of Detroit, this thirtieth day of August in the year of our Lord one thousand eight hundred and thirty nine
Randolph Manning Secretary of State

State of Michigan } County of Wayne } ss
I Eurotas P. Hastings Senior Agent of the United States for the said State do depone and say that I was well acquainted for many years with James Witherell and Amy Witherell now his widow, mentioned in the declaration of the said Amy Witherell herunto annexed, that the said James Witherell therein mentioned was the identical person who was on the roll of this Agency, as entitled to receive (and he did receive for several years at the rate of Twenty Dollars per month) a Pension under the Act of May 15. 1828 Detroit (Michigan) July 18. 1839.
Sworn & Subscribed before me the day & date Above mentioned
E. P. Hastings
Chas. Moran Curtice C. C. M.

State of Michigan, } ss. County of Wayne. }
I, Charles Peltier Clerk of said County, do hereby Certify, that Charles Moran before whom the annexed Affidavit was taken and whose signature appears to the jurat thereof was, at the date thereof, a Justice of the Circuit Court in and for said County — duly elected — and qualified according to Law, and that the Signature thereto, purporting to be his, I verily believe to be true and genuine.
In Witness Whereof, I have hereunto affixed the Seal of said County — and subscribed my name, at the City of Detroit, this Thirtieth day of August A. D. 1839
Charles Peltier PROB. ATTESTS Clerk Deputy Clerk of Wayne County, Michigan.

In reply to your request of _____, received _____ for a statement of the military history of James Witherell a soldier of the REVOLUTIONARY WAR, you will find below the desired information as contained in his (or his widow's) application for pen- sion on file in this Bureau. W.F. 6,5-5-6
   DATES OF ENLISTMENT OR APPOINTMENT. LENGTH OF SERVICE. RANK. OFFICERS UNDER WHOM SERVICE WAS RENDERED. STATE.   CAPTAIN. COLONEL.     1775- Sept. 26, 1780 Moses Knapp Read Tupper Shepard Mass.   Sept. 26, 1780 Ensign in 10 th & 11 th Regts "   Served to end of war  
Battles engaged in, none stated
Residence of soldier at enlistment, ✓
Date of application for pension, Feb. 18, 1830 His d. was ab.
Residence at date of application, Wps. Hamtramck, Wayne Co. Mich. Territory
Age at date of application, b. in 1760
Remarks: Soldier mar. Nov. 11, 1790 at Fairhaven, Rutland Co. Vt. Amy Hawkins and died Jan'y 9, 1838. She was at pns. on an apk. ex. July 19, 1839 while a les. of Detroit, Wayne Co. Mich. She died at Detroit Mich. Aug. 7, 1848 leaving the following children: Benjamin J. H. Witherell, Mary A. W. Palmer & Betsy M. Hurd.
Respectfully,
wid was about 70 yrs old in 1843.
Commissioner.

Amy Witherell dec d
(Adm o act 2 Feb 1848, at $2140 per annum ending August 7, 1848 payable to three sur- viving children (names within))
E. P. Hastings
Detroit.
Mich

State of Michigan
County of Wayne ss. On this 6 th day of March 1849
Personally appeared before undersigned Justice of the Peace  County Judge in and for said County, of Wayne in the State aforesaid Benj. F. H. Witherell who being first duly sworn, according to law, doth on his oath make the following declaration, in order to obtain the balance due the late Amy Witherell under the provisions of the act of Congress passed on the 2 d day of February 1848: granting pensions to widows of persons who served during the Revolutionary War. That he is the Son of Amy Witherell late the Widow of James Witherell who served in the Revolutionary war as an Ensign. That she was the same person who drew a pension under the act of June 17. 1844 at the rate of Two hundred and forty dollars per annum. That she died in the City of Detroit in said State on the seventh day of August one thousand eight hundred forty eight.
Sworn and subscribed the sixth day of year first above —
written Before me E. Smith Lee County Judge
B. F. H. Witherell

State of Michigan Wayne County
¶ I Silas A Bagg Clerk of said County do hereby Certify that E. Smith See the person subscribing the foregoing deposition and before whom the same was taken, was on the Sixth day of March A. D. 1849 the Judge of Wayne County Court, a Court of record of the said County, and that I am well acquainted with the handwriting of the said E. Smith See and verily believe that the name of E. Smith See subscribed to the said Certificate is his proper and genuine signature
In testimony whereof I have caused the Seal of the County Court of said County to be hereunto affixed this Sixth day of March A. D. 1849
Silas A Bagg Clerk for J H Bagg Dep Clerk
(Clerk absent)

State of Michigan County of Wayne
I Silas A Bagg Clerk of the County Court of Wayne County Held at Detroit in and for Said County, do hereby certify that Satisfactory evidence has been exhibited to Said Court, that Amy Witherell widow of James Witherell who was a pensioner of the United States at the rate of twenty dollars per month; that she was a resident of the County of Wayne in the State of Michigan and died in Detroit in Said County of Wayne and State of Michigan in the year one thousand eight hundred and forty Eight on the Seventh day of August, and that she left three Children whose names are Benjamin J. H. Witherell, Mary A. H. Palmer, and Betsey M. Hunt who all reside in Said City of Detroit
In testimony whereof I have hereunto set my hand and affixed my Seal of Office this tenth day of February in the year of our Lord 1849
Silas A Bagg Clerk of Said County

1916 Apr. 6 Hist. & Genealogy King
Rev WIDOW, &c.
File No. _____
6556
Amy Withersell
Widow
James Withersell
Ensign Rev. War
Act: _____
Feb. 29/48
Index:—Vol. _____
16
Page _____
339
[Arrangement of 1870.]

4695
Michigan
Amy Witherell widow of James Witherell dec'd
who was a pensioner under the Act of 1828 and who died on the 9th January 1835 at Detroit in the State of Michigan who was an Ensign in the Company commanded by Captain _____ of the Regt. commanded by Col Tupper in the Mass. line for 2 years
Inscribed on the Roll of Michigan at the rate of 240 Dollars — Cents per annum, to commence on the 4th day of March, 1836. 9th January 1838
Certificate of Pension issued the 7th day of Decr. 1839 and sent B. F. H. Witherell Detroit Michigan
Arrears to the 4th of Sept 1839 $398:00 Semi-annual allowance ending March 4th 120:00 $518:00
{ Act July 7, } 1838. }
Recorded by W. Addison Clerk. Book A Vol. 2 Page 227
Lt to Payt Nov 24. 1842
Original certificate was issued for $220 per annum. Corrected by a new certf. at $240 per annum, issued 16th Sept. 1844 sent to E. S. Hastings Pen. Agt. Detroit. Michigan. Agent instructed to pay accordingly

Michigan 996
Amy Witherell
widow of James Witherell who was an Ensign in the Revolution
Inscribed on the Roll at the rate of 240 Dollars Cents per annum, to commence on the 4th day of March, 1843.
Certificate of Pension issued the 19 th day of July 1843 and sent to E.P. Hastings, Pension Agent Detroit, Michigan
[Act of March 3, 1843.]
Recorded in Book A. Vol. 1. Page 188
Reported Set to E.P. Hastings April 19/49

Michigan - 4695
Amy Witherell widow of James Witherell
who was a pensioner under the Act of 13 May 28 and who died on the 9 th : January 1838 - of Detroit - in the State of Michigan who was an Ensign - in the _____ commanded by Captain _____ of the Regt. _____ commanded by Col: Tupper in the _____ line for 2 years -
Inscribed on the Roll of Michigan - at the rate of 240 Dollars - Cents per annum, to commence on the 14th day of March, 1836. Ending 9 th : January 1838 -
Certificate of Pension issued the 17 th : - day of March 1843 - and sent to W. S. Lakin Present -
Arrears to the 14th of _____ Semi-annual allowance ending
$443.60 -
[Act July 7, 1838.]
Recorded by Book 4 -
Vol. 2 - Page 227
Clerk,
Repd: 18 March 43 New certificate if d. in this case, see opinion of atty: Genl: of 22 September
1842 -
Set to Pay after 19.1843.

6055 Amy Witherell Michigan
admitted Ensign 2 yrs $240.- bat - Col. Tupper Map. line.
died 9 th January 1838,
Act 7 July 1838
B. F. H. Witherell Detroit Mich.

James Witherell or Vermont, bct 15 May 1828, to what time paid? Pen Offic.
died 1838
Dec 4. 1839
Died 9 th Jan y 1838 p st that paid JH

Amy Wetherell, Michigan Roll, act of July 7. 1838, at $ 240 per annum.
It is stated by the Pension agent that payment was made at the rate of $ 220 per annum only, and paid to 4 September 1841. Be pleased to look at the Vouchers, on file and see if the fact be so.
Pension Office } April 18. 1843. }
The original Certificate in the above case has not been returned, but the certified copy states the pension to be $220. per annum, at which rate, Mrs. Wetherell was paid to 4 th March 1841.

The just amount of money you have except one sum of money to be paid to the said [illegible] the said [illegible] the [illegible] the [illegible] and [illegible] such sum matter on
Payment to be made at Detroit Michigan by E. B. Hastings Esq.
Agent for paying Pension-
ers, in the Agency of
Michigan
First Payment to be made
on the 31st December,
1838, and on the 4th
March and 4th Septem-
ber in each year there-
after.
Recorded in the Pension
Office, in Book A Vol. I p. 20
Page 22 by N. H. Addison
[Signature] Clerk.
Issue a new Certificate in lieu of this, and direct the agent to pay the difference between $220 & $240 from 9 Jan 1838 to 4 March 1841.
Send it to E. B. Hastings Esq. Detroit

WAR DEPARTMENT.
Five years' Pension.
I certify that in conformity with the act of July 7, 1838, Amy Witherell of Michigan widow of James Witherell, decd. who was an Ensign in the Revolution and died on the 9th day of January 1838 is entitled to receive a pension, at the rate of Two hundred & twenty dollars and _____ cents per annum, commencing on the 9th day of January 1838 ; and in case of the death or marriage of said widow before the 4th of March, 1841, the pension will cease on the day of such marriage or death.
Given at the War Office of the United States, this 7th day of December one thousand eight hundred and thirty nine
Examined and } Countersigned. }
G. W. Acting

ans r . Nov. 13
Sir,
7
In reply to the Note you did me honor to write me under date of the 8 th of May last, (which I have just recd) asking some explanation why I did not receive the commendation certificate to which the Officers who served to the end of the war were entitled by the Resolves of Congress; I state, that at the time of disbanding the Army I was absent from Head Quarters by the Permission of General Washington, on account of ill health; consequently did neither apply for, or receive the Certificate - I not only served to the end of the war, but an interesting portion of its course, - inasmuch, as the first Campaign at Boston,
I do not know as it is in my power to give any further, or other explanation - Decrets 10 th Sept. 1830 n with Encm
& Res ts
James Withersall
Hon. S. D. Ingham,
Sec. U.S. Treasury -

J. L. Edwards Esq Commissioner of Pensions Sir,
Pension Agency Detroit Ap. 25. 1849
I return the application of B. H. H. Wither- ell, re: under cover of yours of the 19 th inst, with the certificate of the County Clerk, which was omitted to be sent with my Letter of the 8 th March last.
I am Sir
respectfully your
Obt. Servant
E. P. Hastings
Pension Agent

Washington W.C. Jan 25 1839
Revolutionary Claims
Hon. Samuel D. Ingham Secretary of the Treasury Washington City

Re: 1 July 1830.
1972
14
West Paulton, Bermont June 24 th 1830.
Sir, About six weeks since I received a letter from the Treasury Dept. r requesting that James Withnell, whose claim for Revolutionary pay I pre- had ented previously, would state the fact in regard to his not having received commutation. In my letter I forwarded to Mr Withnell and received the statement which you requested about four weeks since. I transmitted this statement as soon as possible to your Office. Will you please to inform me whether you have received it.
Very Respectfully
Your Obt. Servt.
Norman S. Sprague

Revolutionary Claims
1834
Hon. Samuel D. Ingham Secretary of the Treasury Washington City D.C.
W. Pennington } June 8 th 1830 }

Rec'd June 1830.
1925-
13
West Poultney, Vermont June 5 th 1830.
To the Hon. Samuel D. Hingham
Secretary of the Treasury Sir,
this morning received the statements of James Withersall in regard to commutation, which you requested. I forward it with all possible haste and beg leave to request an answer from you as soon as will be convenient. Please to direct same at West Poultney, Vermont,
With great Respect
Your Obedt Servant
Norman S. Sprague

Rec d 11 June 1880.
In addition to a declaration which I forwarded to the Secretary of the United States Treasury in the Month of March last for the purpose of obtaining the benefit of an Act Entitled "an Act for the relief of certain Surviving Officers & Soldiers of the Army of the Revolution, approved, May 15. 1828" I further declare, that I never received Certificates commonly called "Commutation Certificates" for the amount of five years full pay; which sum was offered by the Resolves of Congress of the 22 d of March 1783, instead of half pay for life, to which I was entitled under the Resolves of the 25 th of October 1780. —
And I further declare that I never have received any Pension from the United States whatever.
Dated at Detroit this 28 th day of May 1880.
James Witherell

Hon Samuel D. Ingham Secy of the Treasury Washington

No. 23 April 1830
1752
12
Webb Poultry, Bermondsey April 18 th 1880
Sir, I forward you the Commission, Declaration and Power of Attorney of James Withers. You will probably find his name on the records of Col. Tufnells Reg t if you have any such records. He will appear on those records probably as Serjeant Major, or Adjutant to that Reg t . At different times I believe he served in the Capacity of each of such officers - he was sometimes perhaps as Acting Adjutant Major part of the three years he served in Col. Tufnells Reg t . If convenient with the rules of your Dep t I should wish I had the Commission returned as it is a precious relic to the old Soldier.
If it will be convenient for you to bestow your attention upon this Claim immediately, please me to request you to do so. Please to direct to me at Webb Poultry, Bermondsey , until June next, when I shall leave for Detmold.
Very Resp d
Hon Samuel D. Ingham Secy. of Treasury.
Your Ob t Serv t
Norman S. Sprague

FREE
Revolutionary Claims
Hon. Samuel D. Hughes Secy. of the Treasury Washington City
Sept 24. 1830 on P. Mar 2 13 1/2

Recd 24 Sept 1830.
2141
6
Detroit, Sept. 11 th 1830.
Sir, Yours of the 6 th Aug. I received while I was in Poultney Vt and upon the eve of departure for Detroit. Soon after my arrival in this place I put the whole correspondence into the hands of Judge Withers. He has examined it and made the explanation you requested. Your attention to this case, as soon as may be convenient, is very respectfully requested
Yours Ob t Haul t Serv t
M. S. Sprague
Hon Samuel B. Chapman Secy. of Treasury.

Ms. A. 9. 2. 10 17 Re. 10 Feb 1831.
Detroit 26 th Jany 1831.
Sir.
I regret the necessity I am under of requesting a little more of that friendly attention which you have so often heretofore bestowed on subjects which personally concerned me - nor can the want of success ever lighten the weight of obligation - to the point - finding last winter that I laid to the Root of my Bread Tree , my attention was drawn to the Provision of the Act of Congress of 1828. respecting the Officers of the Revolutionary Army - and confident that my claim to its provisions was well founded in fact, I took the Preliminary step to obtain the benefit of them - perhaps Mr. Sprague has put those documents into your hand, or they are in Secy's Office - It is necessary here to state that at the time of my application my Commission signed by Samuel Huntington President of Congress was mislaid or lost - but I then forwarded the Warrant of an Ensign which I had rec d from the Executive of Massachusetts dated 26 th Sept. 1780. on which the above Commission above mentioned was predicated, with reference to the said Warrant as to date of taking rank, which of course placed me in the line of the Continental Army on the 26 th day of Sept. 1780. By the Act of Congress of the 21 st of the Succeeding October

18 the promise of Congress was made to the Officers then in service who should continue in it to the end of the war - Thus it appears that I was regularly in the service at the time the said Act was passed - - It therefore only remained to be in order satisfactorily to appear that I continued in the service to the end of the war - Those Officers who remained in camp at that period recd what was called Commutation Certificates - These are of no further use than Evidence of such continuance - The Subj of the Treas -ury asked me for that - my answer was that at the time the Army was disbanded, I was absent from the Army by permission, on account of ill health of course did not apply for, or receive those Certificates - he after wards enquired why I did not apply for them between the end of the war and the year 1795 - my answer was that, at this distance of time I had no distinct recollection that the subject ever passed through my mind from the close of the war until it was drawn to it by the Report of W. Mills of the Senate in the Session of 1826. on the subject of Revolutionary Officers - in last question of 6 th of Dec r . ult he enquired what had become of my Furlough, or leave of absence, mentioned in my communication of the 10 th of Sept. last - I answered that that as also my Commission signed by Samuel Huntington President of Congress, pursuant to the appointment I had recd from the Executive of the State of Massachusetts, had been lost, or mislaid -

While I heartily approve of an circumlocution 19 in the Secy of the Treasury in the exercise of the discretion delegated to him by the 4 th Section of the act of 1828 on this subject, yet after the lapse of half a century, where documentary evidence is lacking, or lost to, require clear and direct oral testimony to such facts as they contained, would in many cases, operate an in time prostration of the equity of the law itself, especially when it is well known that the soil has long since covered the bones of most of its dignitaries - for I did not know that a single Officer, or soldier of the Regt. to which I belonged was in present existence, tillo Mr. Sprague presented me a few days past, with the enclosed Affidavit - nor do I now well recollect the Affiant - and he seems to have known but little about the time of my entering the the Army - he seems to recollect me in Camp to the end of 1782 - this of itself substantiates my continuance beyond the period of signing the Preliminary articles of peace on the 30 th Nov. 1782, which in the opinion of the Committee before mentioned, of which Mr. Mills was Chairman had brought the war to an end -
I have enclosed the Commission, and the Affidavit of Mr. Abbot which I request you will have the goodness to present to the Secy of the Treasury, as I prefer communicating with the Head of the Dept t rather than with a pigeon hole - were I seeking a dossier instead of debt of blood, I should not have troubled you nor myself on the subject -

20 Altho I know that my having served without interruption from the loss of my home at Boston in 1775 to its restoration has no legitimate bearing on the present question, yet I do not wish to, nor will I deny myself the gratification derivable from that consideration. with great respect.
J. Withers
Hon. R. C. Massay

Re d 9 Feb 1831. Somerville Essex Co. Vermont July 27 th 1830. 25 Dear Sir, I address you as one of my old friends, altho' our acquaintance was but of few months standing; and it is now more than 48 years since you left us at Nelson Point. A period of time, which has swept off almost all our brother officers of the Revolution, - You and I are better spared - I feel thankful (and I presume you are not less so) to a kind providence for having been permitted to live to see thus far the progress effected by the efforts of those patriots, few of whom, can now answer to the call of the roll - those of the old 10 th Mass. Reg t I expect, are all gone except Capt n Emendon and Mr Woodard; - I see in a Boston paper that there only were present 18 Original members attended the meeting the Society of Cincinnati at the celebration of Independence this year - I have lived to see 71 Cold winters - You must have been several more - a share of public patronage such as modest justice of the proc d in Mass. New Hampshire and Vermont has been allotted me - I have now resided in Vermont almost 18 years, in the North Eastern Corner on the bank of the (American Nile) Connieticut River, - in the course of my life have experienced various turns of fortune - have raised a large family from two wives - one I now live with has shared my bed more than 40 years - few have had greater cause of thankfulness than myself having not had what I considered a sick day for 54 years -
Public politics is what I have never entered into but sparingly always considered it my duty to cast my vote for those men whom I thought possessed the most virtues and best talents - Much excitement exists in this part of the Country in respect, who shall be next President - My wish is that the best man may be elected by a fair majority of the people and I shall readily acquiesce in support of a good Government as I ever have done - I shall not tarry on this subject for if you ever remember me you will recoll ct I was not a

Scholar and I was not born an Author.
Pray my dear Sir will you answer this! tell me how you enjoy yourself, in your advanced age. likewise what prospect is there in your Territory for a young man of good morals, to get a comfortable living, that can bring six hundred dollars in cash with him - a letter from you would be read by me with much satisfaction - I obtained before that our acquaintance was but short - I assure you notwithstanding, that I have always thought of you in high esteem and as a talented gentleman.
Please to direct to me in Lemington - but mail your letter for Colbrook post office New Hampshire
I am dear Sir your old companion in Arms and sincerely yours in every respect Hon. Judge Withers.                                     Ebenezer Abbot
{ Rec d . 7 Augt. 1830 } { Ans d . 15 "       " }

Re: 85 Jan. 1831.
2363. 3 Dorothy 30 th Dec r 1830.
Sir.
In your note of the 6 th Inst. I am called on to assign the reason why I should not have applied for commutation between the close of the War and 1795 - I answer that at this distance of time, I have no distinct recollection that the subject ever passed through my mind from the end of the War until it was drawn to it by the report of Mr. Mills of the Senate of the U.S. in the Session of 1826. on the subject of Revolutionary Officers - The second inquiry is what has become of the furlough, or leave of absence, mentioned in my communication of the 10 th of Sept r last - to which I answer that that as also my commission signed by Samuel Huntington President of Congress, pursuant to the appointment I had rec d from the Executive of the State of Massachusetts have been lost, or mislaid.
Hon. S. D. Ingham -
I am, very Respectfully, James Withers

W Poughkeepsie } Revolutionary Claims July 19 1883
Hon. Samuel D. Hughes Secretary of the Treasury Washington

Re d 24 July 1830
2036
5
Poultney, Vermont July 19. 1830.
Sir, I have been waiting with much anxiety for the decision of the Department upon the application of Fanny Withnell for Revolutionary pay. The misadventure of my former letter requesting information, or the pressure of business in your office has probably prevented you from answering my request heretofore made. The further statement requested by your department was forwarded six or eight weeks since: I do not know whether you have received it. If not, will you please to inform me as soon as you can with convenience. If it has been received, I hope it will be satisfactory.
Your very obedt. Servt.
N. S. Sprague
Hon. Samuel D. Hughes Secy. of the Treasury.

Anthony Lichman Esq.
Treasury Dept

Recd Aug 27/1831.
4014-
Washington Aug. 26 1831
Sir,
With Judge Withersall, whose claim on account of his revolutionary services is before the Treasury Department, I have been long acquainted. He was an early resident in, if not a native of, Vermont, and held some of the most important offices in the State. He was a member of Congress, during the administration of Mr. Jefferson, and by him was appointed a Judge of the Supreme Court of Ohio. This office he held for many years, but eventually relinquished it, on receiving the appointment of Secretary of that Territory. From there he was removed, last year, but for causes, not at all affecting his character or conduct in life. He is a strictly honest man, and I am as sure, as I can be of any fact, which has not passed before my own eyes, that he is a revolutionary officer; and I have no doubt, but he is fully entitled

to the relief, he volunteers. It is necessary to his come fortable support in the machine of life.
Should a decision be made in his favour, I will thank you to send the paper to me.
Very respectfully,
Your obedient Servant.
Abby Dickinson Esq.

Act 1828 Settled at Treasury Cond with Act 1828 File #6556 C

Sterroin Aug. 6 th 1831.
Dear Sir,
The following is nearly a copy of a Statement, which Judge Withersall sent last winter to the late Hon. R. C. Mallary and which he wishes me to send to you and to request you to peruse it and to give him your aid in this business, the immediate and successful termination of which is so essential to his comfort and so justly due to his services. If however his claim should not be made successful by your interference, which event I cannot now anticipate, the burden of obligation felt both by himself and his friends will not be the lighter.
"Finding that the ax was laid at the root of my bread tree, my attention was drawn to the provisions of the Act of Congress of 1828, respecting the officers of the Revolutionary Army; and confident that my claim to its provisions was well founded in fact I took the preliminary steps to obtain the benefits of them by forwarding my declaration &c. These documents are now in the Sec y of the Treasury's possession. It is necessary here to state that at the time of my application my Commission signed by Samuel Huntington then President of Congress was mislaid or lost; but I then forwarded the warrant of an ensign which I had received from the Executive of Mass s dated the 26 th Sept r 1780, on which the Commission above mentioned was predicated and which shows the date of my rank as ensign and placed me as such in the line of the Army on the 26 th Sept r 1780.
By the Act of Congress of the 21 st October 1780 the promise of Congress was made to the officers then in service, who should continue in it to the end of the war. It appears from my Warrant and Commission that I was regularly in the service at the time the said act was passed. In order to entitle me to the benefits of the act of May 15 th 1828 it only remains to be shown that I continued in service to the end of the war. The Resolve of the 21 st Oct 1780 entitled those then in service, who would continue to the end of the war, to half pay during life. At the close of the war an act was passed giving to those entitled to the half pay, five years full pay which was called Commutation. Those who thought it an object to apply for the Commutation, did so and received their Commutation Certificate , which in case of an application like the one I now make, are of no other use than to show, that the person professing them, was entitled to them, and supplied for them, and the same are.

now evidence of his having continued in the Service to the end of the war.
The Secy of the Treasury asked for that evidence - My answer was that at the time the army was disbanded I was absent from Head-Quarters by permission on account of ill health and of course neither received nor applied for those Certificates. He afterwards inquired why I did not apply for these Certificates between the end of the war and the year 1795 - My answer was "that at this distance of time I have no distinct recollection that the Subject was passed thro' my mind from the close of the war until it was drawn to it by the Report of Mr. Mills of the Senate of the U.S. in the session of 1826 on the Subject of Revolutionary Officery". In his next and last inquiry (Decr. 6 th 1830) he wished to know what had become of my furlough, or leave of absence, mentioned in my communication of the 10 th Sept r last. I answered that, that, as also my Commission, signed by Samuel Huntington President of Congress before mentioned, "had been lost or mislaid".
While I heartily approve of the due circumpection in the Secy. of the Treasury in the exercise of the discretion delegated to him by the 4 th Sec n of the law of 1828 on this Subject: Yet, after the lapse of half a century, when documentary evidence is lacking or lost, to require clear and direct testimony to such facts as they contained or may be supposed to contain, would in many cases operate an entire prostration of the equity of the Law itself, especially when it is well known that the Soil has long since covered the bones of most of its defenders - As in my case I did not know that a single officer or soldier of the Reg t to which I belonged was in existence till Mr. Sprague presented me with the Affidavit of Judah Abbott which he had procured without my knowledge. Mr. Abbott seems to know little about the time when I entered the Army tho' he seems to recollect, during a portion of my service until 1782, to have been acquainted with me in Camp. This substantiates my continuance in the Army beyond the period of the signing the Preliminary Articles of Peace on the 30 th Nov. 1782, which in the opinion of the Committee, for which Mr. Mills was Chairman, had brought the war to an end. But I did continue in the Army until the Army was disbanded after the Peace of 1783, tho' it may be difficult for me to furnish positive proof of this fact. - Were I asking a favour, and not a d-

I should not have troubled you, nor my self on this subject: And altho' I know that my having served in the Revolutionary war, without interruption, from the first Campaign at Boston in 1775 to its termination, has no legitimate bearing on the present question; yet I do not wish to, neither will I, deny my self the gratification derivable from that consideration.

To
The Hon d Lewis Cass Secretary of War

Allowed
Joshua Brooks
letters 4936-4984.
Care of Robert Lucas
Piketon Pike Co. Ohio
them, was entitled to them, and supplied for them, and the same are.

J. L. Edwards Esq Commissioner of Pensions Sir,
Pension Agency Detroit August 22. 1844
In reply to yours of the 1st inst. I have to say that I have caused the information contained therein to be published in both of the newspapers printed in this city, with a request that it may be noticed in the country papers.
Amy Withersall Widow of James Withersall was paid at this office at the rate of 220 $ p. ann. from Jan'y 9. 1838 to Sept 4. 1841 under the act of July 7. 1838.
She was also paid at the rate of 240 $ p. ann. in conformity to another certificate, from Mar 4. 1836 to Jan'y 9 1838 less 110 $ previously paid her from Mar 4 to Sep 4. 1841.
She has also been paid under the act of Mar 4. 1843 at the rate of 240 $.
These three certificates have been returned with my vouchers to the 3 d Auditor's Office.
She wishes me to enquire whether she is not entitled to an additional sum of 20 $ p. ann. for the first named period to wit from Jan'y 9. 1838 to March 4. 1841.
I am Sir respectfully
Your ob t Servant
E. P. Hastings
Pension Agent

State of Michigan  County of Wayne 
On this 29 th day of August A.D. 1839 personally appeared before me the Undersigned one of the Justices of the Circuit Court of the County aforesaid Amy Withnell, to me the Undersigned Justice personally well known as the Widow of the late James Withnell deceased, — and being duly sworn doth on her oath depose & say that there is no record, either public or private to her knowledge or belief of her marriage with the said James Withnell, and she further saith that she is prevented by laidly infirmity from attending Court & in open Court making her Declaration for the purpose of obtaining the benefit of the provision of the Act granting half pay & pensions to certain Widows. —
Amy Withnell
Sworn to & subscribed  before me this day 29 th con  above written —  Cha s Moran
A. Justice Circuit Wayne County S. M.

State of Michigan, } ss. County of Wayne. }
I, Charles Pettier Clerk of said
County, do hereby Certify, that Charles Moraw, before whom the annexed affidavit was taken and whose signature appears to the same thereto was, at the date thereof, a Justice of the Circuit Court in and for said County — duly elected — and qualified according to Law, and that the Signature thereto, purporting to be his, I verily believe to be true and genuine.
In Witness Whereof, I have hereunto affixed the Seal of said County — and subscribed my name, at the City of Detroit, this Thirtieth day of August A. D. 1839.
Charles Pettier Clerk. DROST. ANSWERS Philip Pettier Clerk of Wayne County, Michigan.

J. L. Edwards Esq Commpt. of Pensions Sir
Pension Agency Detroit July 13. 1843
I forward herewith the first Pension certificate issued to Amy Witherell. The second is forwarded this day with my voucher to the 3 d Auditor. Her application for the benefit of the provisions of the act of March 3 d 1843 & for the additional payment of 20 $/pr. annum is on file in your office
I am Sir
respectfully your
obedient Servant
E. P. Hastings
Pension Agent

State of Michigan  p County of Wayne 
I Noah Priest now of the City of Detroit in the County aforesaid being duly sworn do depose & say, that I was well acquainted with the late James Withers deceased, & that I am well acquainted with Amy Withers his Widow, & that I was well acquainted with them both before their Marriage, and that they were lawfully married together according to the Laws of the State of Vermont at the Town of Fairhaven in the County of Rutland in said State on or about the Eleventh day of November (A. D. 1880) Seventeen hundred and ninety, (The exact day of the month I do not remember but of the month & year I am certain, I lived in their neighborhood at the time, and was married myself about the same period, which makes me recollect the facts more distinctly —
The said James Withers with his family moved to the State of Michigan, several years after said Marriage & I saw him & his said Wife at the City of Detroit in said State of Michigan occasionally til some time, in the year 1837. and I have heard and believe, that the said James Withers departed this life in the month of January, A D 1838 - and the said Amy Withers

is still his Widow & now resides in the said City of Detroit aforesaid - and further I do Depose & say that I was personally present at the Marriage of the said James Witherell & Amy Witherell & that the said Amy Witherell remains still the Widow of the said James Witherell & has never been married since the death of the said James Witherell
Noah Priest
State of Michigan } County of Wayne }
On this 28 th day of August AD 1839 personally came before me the undersigned Justice of the Peace for said County: the above named Noah Priest who made solemn oath that the foregoing affidavit by him subscribed, contains the whole truth & nothing but the truth And I do further hereby certify that the said Noah Priest is a credible Witness & that full faith & credit are due to his testimony Given Under my hand at the City of Detroit in said County the day & year above written —
Henry Chipman, A Peace Warrant Officer

State of Michigan, } ss. County of Wayne. }
I, Charles Peltier Clerk of said County, do hereby Certify, that Henry Crispman, before whom the annexed Affidavits were taken whose name appears to the jurats thereof was, at the dates thereof, a Justice of the Peace acting in and for said County — duly elected — and qualified according to Law, and that the Signature thereto, purporting to be his, I verily believe to be true and genuine.
In Witness Whereof, I have hereunto affixed the Seal of said County and subscribed my name, at the City of Detroit, this Thirtieth day of August A. D. 1839.
Charles Peltier Clerk J. ROSE, M.P. M.P. Clerk of Wayne County, Michigan.

State of Michigan } County of Wayne } ss I Thomas Palmer of the city of Detroit in the county of Wayne being duly sworn do depose and say that James Withnell, the late husband of Amy Withnell who has made or is about making application for the benefit of an act of Congress entitled "An act granting half pay pension to certain Widows," departed this life on the ninth day of January 1838, and I do further depose & say that the said Amy Withnell is as I believe prevented by bodily infirmity & age from attending in person her to make her declaration for the purposes of obtaining the benefit of the act aforesaid. —
Thos Palmer
State of Michigan } County of Wayne } ss on this 29 th day of August A.D. 1839 personally came before me the undersigned Justice of the peace for said County Thomas Palmer who being duly sworn made solemn oath that the foregoing affidavit by him subscribed contains the truth & nothing but the truth; and I do hereby further certify that the said Thomas Palmer is a credible Witness, and that full faith & credit are due to his testimony as such Witness.
Henry Shipman, J.P. M.C.

State of Vermont Rutland County
I, Jonathan Orms of the Town of Middlesex, in the said County and State aforesaid, of lawful age, being duly sworn do depose & say that I was a resident of the Town of Fairhaven in the said County on the eleventh day of November in the year Seventeen hundred & ninety, and that I resided there for sometime previous to said day & for many years thereafter that I was well acquainted with James Withnell late of the City of Detroit in the State of Michigan deceased, & with Amy Withnell his wife - and that I was present on the or about the said eleventh day of November Seventeen hundred & ninety at the marriage of the said James Withnell to the said Amy Withnell (then Amy Hawkins) in said Town of Fairhaven, & that they were then & there lawfully joined together according to the Laws of the State of Vermont, and that they continued to reside in said Town & State, for several years thereafter & until the said James Withnell was appointed by the President of the United States one of the Judges of the (then) Territory of Michigan & soon after which in the year Eighteen hundred & one he with his said wife & family removed to said Territory. And I have heard that the said James Withnell deceased sometime in the year Eighteen hundred & thirty eight.
Jonathan Orms

State of Vermont Rutland County ss On this fourteenth day of August A.D. 1839 personally came before me the undersigned Justice of the Peace in said Town of Fairhaven Jim & for said County Jonathan Orms who made solemn Oath that the foregoing affidavit by him subscribed contains the truth & nothing but the truth - And I do further hereby certify that the said Jonathan Orms is a credible Witness & that Full faith & credit are due to his Testimony Given under my hand & seal at Fairhaven in said County the day & year last above written - Joseph Adkins Justice of the Peace

State of Vermont Rutland County } ss
I Charles Hawkins of the Town of Fairhaven, in the state and county aforesaid of lawful age being duly sworn, do depose & say that I was a resident of the Town of Fairhaven, in said County on the eleventh day of November in the year Seventeen hundred & ninety and that I resided there for some time previous to said day & for many years thereafter that I was well acquainted with James Withnell late of the city of Detroit in the State of Michigan, deceased & with Amy Withnell his wife, & that I was present for
at the marriage of the said James Withnell to the said Amy Withnell (then Amy Hawkins) in said Town of Fairhaven & that they were then & there lawfully married together according to the Laws of the state of Vermont & that they continued to reside in said Town of Fairhaven for several years thereafter & until the said James Withnell was appointed by the President of the United States one of the Judges of the (then) Territory of Michigan soon after which in the year eighteen hundred & ten he with his said wife & family removed to said Territory And I have heard that the said James Withnell deceased some time in the year eighteen hundred & thirty eight.
Charles Hawkins

State of Vermont Rutland County 3 rd ss
On this fourteenth day of August A D 1839 Personally came before me the undersigned justice of peace in said Town of Fairhaven, in & for said county Charles Hawkins who made solemn Oath that the foregoing affidavit by him subscribed contains the truth & nothing but the truth & I do further hereby certify that the said Charles Hawkins is a credible Witness & that full faith & credit are due to his Testimony.
Given under my hand at Fairhaven in said county the day & year last above written.
Joseph Searns Justice of the Peace

STATE OF VERMONT. RUTLAND COUNTY CLERK'S OFFICE, ss.
I, Frederick W. Hopkins, Clerk of the County Court for the County of Rutland, do certify that Joseph Adams was at the date of the certificate to which this is annexed a Justice of the Peace within and for said County, duly commissioned: that his commis- sion is dated on the thirtieth day of October A. D. 1838, and will expire on the thirtieth day of November A. D. 1839; and I verily believe his sig- nature to the same is genuine.
In Testimony Whereof I have hereunto set my hand and affixed the seal of said Court at Rutland in said county this Sixteenth day of August A. D. 1839. F. W. Hopkins
And Michael his wife, is that I am Michael

Detroit Aug. 30 th 1839
Sir
I enclose the Declaration & certain affidavits in support of it, to obtain for Mrs Amy Withers, the benefit of the provisions of the "Act granting half pay and pension to certain Widows" to which by your letter of the 12 th Inst. I am informed she is entitled, provided she should furnish the required proof —
The proof of the service of her late husband will be found on file in the proper Department, as he was entitled to a pension, or half pay, under the act of the 15 th of May 1828 —
I Remain Respectfully yours &c
B. F. H. Withers

Recd. May 29. 1831
Single
Norman S. Sprague Esq.
Detroit
Michigan Territory
from self estate of Massachusetts 1831

Boston, Sec. Office, May 18. 1831.
Norman S. Sprague Esq.
Sir In reply to your letter of the 30th of April last, making enquiry respecting the appointment & service of Judge Withers as an Officer of the Revolutionary Army, I have to state that there are not in this Department any Books or Documents relating to service in the Revolutionary War later than the close of 1780. It appears by our Books that James Withers was commissioned as an Ensign in Tappan's Regiment in Sept. 1780, & was such at the close of the year, but beyond that period the account does not extend. Whatever documentary evidence exists as to the Service in '80 & '81, I should have supposed would be found, if any where, in the War Department at Washington. I heartily wish it were in my power to furnish

any assistance to the venerable Patriot of the Revolution, in obtaining his share — I will not say of the public bounty — but of the sacred debt due from the Country to the whole Body of Surviving Revolutionary Veterans — I subjoin my Certificate of such facts as appear from the books in this Office. It may possibly be of some service to him.
Respectfully, your old friend.
Edward D. Bass. Secy
—

Commonwealth of Massachusetts.
Secretary's Department; —
May 18. 1831.
I hereby certify, that it appears by the Army Books deposited in the Secretary's Office, that James Wetherell was commissioned as an Ensign in Col. Tappin's Regiment in the Continental Service, Sept. 26. 1780, & was still in service in the same capacity, Dec 31. 1780, beyond which time, the accounts in this Office do not extend. Edward D. Bangs, Secretary of the Commonwealth.
James Wetherell Ensign Col. Tappin's Regt. Mass. Line Sept 26 1780 Dec 31 1780

Amy Witherell Pinion Rapids act of 3 rd mch 1843-
Michin Mar 3 rd 1843 Amy Wetherell
$240 per an
E. P. Hastings Payt Detroit, Michin

State of Michigan County of Wayne ss On this twenty seventh day of March Eighteen Hundred and forty three Personally appeared before the undersigned a Justice of the Peace Amy Withwell a resident of Detroit in the County of Wayne aged about seventy years who being first duly sworn, according to law, did on her oath make the following declaration, in order to claim the benefits of the provisions made by act of Congress, passed on the 3 rd March 1843, granting pensions to widows of persons who served during the Revolutionary war. That she is the widow of Daniel Withwell who was an Ensign in the Revolution and that she received two hundred & twenty dollars per annum under act of 7 July 1838
She further declares she is still the widow.
Sworn to and subscribed on this 29 th day and year above written before me
J. H. Harris Justice Peace
Sworn to and subscribed before me Wayne Co. { ss Michigan
Amy Withwell

State of Michigan, } ss. COUNTY OF WAYNE.
I, Geo R Griswold Clerk of said County, do hereby Certify, that H. C. Harris was, at the date thereof, a Justice of the Peace in and for said County duly Elected and qualified according to Law, and that the signature, purporting to be his, I verily believe to be true and genuine.
IN WITNESS WHEREOF, I have hereunto affixed the Seal of said Circuit Court and subscribed my name, at the City of Detroit, this twenty ninth day of March A. D. 184 8
Geo R Griswold clerk G Griswold dep clk. Clerk of Wayne County, Michigan.

J. L. Edwards Esq. commssr. of Pensions Sir
Pension Agency Detroit April 7. 1843
Wharton { I forward herewith the application of Phoe- be Bates a Pensioner on the Roll of the Pennsylvania Agency for a transfer to this Agency.
I also forward an application of Nancy Witherell widow of James Witherell for a pension under the Act of March 3 d 1843. This pensioner presented me a certificate showing that she was entitled to payment under the act of July 7 1838 from March 4. 1836 to Jan'y 9. 1838 at the rate of 240 $ pr annum. Having been paid at this Agency from Jan'y 9. 1838 to September 4. 1841 at the rate of 220 $ pr annum. I have thought proper to sus- pend the payment and to enquire whether the amount paid her for the six months preceding September 4. 1841 should not be deducted. She also wishes me to enquire whether she is not entitled to 240 $ pr annum for the whole pe- riod.
Enc { I also forward a statement showing the amount of receipts and disbursements for the last quarter
I am Sir respectfully Your obedient Servant E. P. Hastings Pension Agent

J. L. Edwards Esq/ Commission of Pensions
Pension Agency
Detroit March 8. 1849
Sir I enclose the application of the Heirs of Amy Withersall deceased late a Pensioner on the Roll this agency for the amount due on the day of her decease
I am Sir respectfully
Your obedient Servant
E. P. Hastings
Pension Agent

Pension Agency
Detroit Nov r 5. 1842
J. L. Edwards Esq r Commissioner of Pensions Sir,
In reply to yours of the 27 th Ult o . I have to say that I forwarded the statements requested in your favor of the 10 th & 13 th several days since. The enclosed statements furnish the information.
I have reported three upon the rolls, under the act of July 1838. One of these is Mary Withersell who has been paid from Jan y 9. 1838 to Sept r 4. 1841. The second Mary Shipman has been paid from Feb y 17. 1838 to Sept r 4. 1841. Be pleased to inform me whether I shall pay them for the period of 5 years from the time they were placed on the Roll.
The third is Irene Davis whose certificate I return. It was designed I presume for Irene Dains Widow of Ephraim Dains who died in this County July 8. 1836. Some of the papers in reference to her application were transmitted by me. If correct please return me a Certificate for her.
There are two other persons upon my roll under this act who have not been paid in full. I have not reported them for the reason that I presume they are deceased
I am Sir respectfully your obt. Serv t : C. P. Hottings Pension Agent.

10 I know all men by these presents that I James Withnell of the Township of Hamtramck in the County of Wayne and Territory of Michigan do hereby constitute and appoint Norman S. Sprague of the City of Detroit in the County and Territory aforesaid my true and lawful attorney, with a power of substitution for me and in my name to receive from the United States the amount of pay now due me under the Act entitled "An act for the relief of certain surviving Officers and Soldiers of the Army of the Revolution", as an Ensign in the eleventh Regiment of the Massachusetts line of the Army of the Revolution.
In testimony whereof I have hereunto set my hand and Seal this 18 th day of March in the year 1830. James Withnell Signed and Sealed in presence of B. F. H. Withnell
Wayne County ss. Before me B. F. H. Withnell, a Justice of the Peace in and for the County aforesaid, personally came James Withnell, whose name is signed to the foregoing power of Attorney, and acknowledged that he executed the same for the purposes therein mentioned; and also declared that the said power of Attorney was not given by reason of any transfer, or of any attachment, levy or seizure, by any legal process whatever, of the pay therein authorized to be received, but that the said pay is intended to remain wholly to his personal benefit.
In testimony whereof I have hereunto set my hand this 18 th — day of March in the year of our Lord eighteen hundred and thirty.
B. F. H. Withnell F. J. McCall.

Territory of Michigan ss. To all to whom these pre- sents may come; I hereby certify that B. F. H. Withe- rell, before whom the within acknowledgement was taken, was at the time, a Justice of the peace in and for the County of Wayne in the Territory aforesaid, to all whose official acts and attestations as such Justice of the peace are due and ought to be given.
In testimony whereof I have hereunto set my hand and affixed the Great Seal of the Territory of Michigan this tenth day of March. in the year of our Lord one thousand eight hundred and thirty
B. F. H. Witherell Supt Mich. Territory.

Amy Woltherell Michigan
arrears, at 7. July 38 240 $ from March 4, '36 to 9 Jany 1838
W. S. Alison Prest.

\frac{20}{3.}
\begin{array}{r} 1-6- \\ 4. 0- \\ \hline \end{array}
\begin{array}{r} 240- \\ 120 \\ 80 \\ 3.66 \\ \hline 443 \end{array}
\begin{array}{r} 3.66 \\ 3.66 \\ 3.06 \\ 3.66 \\ 3.66 \\ 3.66 \\ \hline 21.96 \end{array}
Mr. John ...

State of Michigan, } County of Wayne } ss. day of March A. D. one thousand eight hundred & forty three before me a Justice of the Peace for said county Amy Withnell who being duly sworn states that she is the widow of James Withnell and that she received a pension at the rate of two hundred and twenty dollars per annum from the 9 th January A.D. 1838, on which day her husband died.
to 4 th March 1841 under act of July 1838 and that she now claims a pension from 4 th March 1838 to the period of her husband's death.
Subscribed before me 7 March 1843 Amy Withnell.
J. H. Harris Justice of the Peace
State of Michigan } George R Griswold Clerk County of Wayne } of said county do hereby certify that J. H. Harris whose name is attached to the above declaration was at the date thereof a Justice of the Peace in & for said county duly elected and qualified according to law and that the signature purporting to be his I verily believe to be true and genuine
In witness whereof I have hereunto affixed the seal of said county and subscribed my name at the City of Detroit this Seventh day of March A. D. 1843
George R Griswold Clerk W. L. M. B. Griswold Dep. Clerk

FREE
Hon. R. C. Maclay Member of Congress H.R. Washington City
up here in office

Re. 9 Feb 1831 Detroit Jan. 13 th 1831.
22
Sir,
I am requested to write you again about the good old Judge Revolutionary pay. I hope this is the last time the old gentleman will be obliged to trouble you. I trust you will have leisure to read this letter and to give such aid as you may think the case requires.
It is requested that you will be so kind as to give me a copy of the letter of the 13th inst. in reply to my letter of the 9th inst. I shall give you such facts in regard to the Judge's services as he has related to me and such others as I have gained from authentic sources. But first will give you a history of the application to the Treasury Dept t for his pay.
By the Resolve of the 21 st October 1780 it was stipulated that the officers who shall continue in the service to the end of the war shall be entitled to half pay during life to commence from the time of their reduction. The Act of the 15 th May 1828 gives to those officers now surviving who were entitled to the half pay under the Resolve of 1780 above mentioned, full pay for life to begin on the 3 rd March 1826. Under this act Judge Withnell made an application, nearly twelve months ago, for the full pay. The papers he presented to the Treasury Dept t were a commission a copy of which is herewith sent and a declaration such as had been prescribed by the Dept t stating the time he entered the service in what Line and in what capacity he served and that he continued in service until the end of the war. In this declaration he also stated that he did not receive the commutation which was tendered to the officers at the end of the war in lieu of the half pay.
The objection raised to the claim was that the reason why the commutation was not received by Judge Withnell was not stated. Judge Withnell in answer to this objection stated that he never applied for the commutation. The question was then asked by the Dept t why he did not apply for commutation; to which Judge Withnell answered that for several months previous to the disbanding of the army he was absent from Head Quarters on furlough and that being absent when the army was disbanded was probably the reason why he did not apply. The same objection was still urged by the Department and was last answered by Judge Withnell on the 3 rd Inst t by stating that he probably never thought of applying for the commutation. He might have stated further, and I urged him to do so, that the money of the government was at so great a discount when the army was disbanded that he might have supposed that if he received the commutation it would have been of little value, since he was obliged to pay 82 dollars on the day that he received his furlough for a parting draught for himself and one of his intimate fellow soldiers. As to the fact of the services of Judge Withnell during the whole period of the Revolution there can be no doubt. He entered the army in 1775. and was not discharged until after the peace. It is unnecessary for me to give you a history of the services of this worthy old man - You have been intimate with him for years, before I knew him and have often heard him tell of White Plains, Saratoga Valley Forge &c.
The commission as you see was given by the State of Massachusetts Bay. This was in accordance with the Resolve of the 8 th March 1779 which provides that all appointments of officers in the Continental Service by the respective States be in the first place by Warrant Certified in such manner as they shall severally direct to the Board of war, whereupon proper commissions shall be made out in the manner prescribed

in a preceding Section of the same Resolve. The Warrant of which you have been a Copy, the original is at the Treasury Dept., was dated the 26 th September 1780. The Commission which was issued by Congress according to the provisions of the above mentioned Resolve Judge Withnell cannot find. It is probable that as the above mentioned Resolve required all Commissions to be recorded, the Commission Judge Withnell received from Congress is now on record in the War Office. The Commission from the Legislature of Mass. gives Judge Withnell the office of Ensign in the Eleventh Regiment &c. The Commission which he received from Congress made him an Ensign in the Tenth . This was in consequence of the renumbering of the Reg ts of the Army according to the Resolve of the 3 rd October 1780 which also provided for the reduction of the army. Col. Tappan Reg t , which was the Eleventh before the Resolve of Oct. 3 rd 1780 and when the Commission, herewith sent, was issued, was made the Tenth by the new arrangement. In the declaration which Judge Withnell sent to the Treasury Dept. he did not state that he served from the date of his Commission received from Congress until the end of the war, in the Tenth , tho' this was the fact.
I herewith send you a copy of a letter from Josiah Abbott which shows that Judge Withnell was in the Service in the year 1782 more than 48 years ago. I wrote to Mr. Abbott some weeks since to request him to send me a Statement respecting Judge Withnell's Service, but have not received any answer from him. You will perceive that he states in his letter that but two other officers besides himself remain of the old Tenth and the residence of these two is not given.
State of } To James Withnell Esq r . Greeting: Mass. Bay } Reposing especial trust and confidence in your ability, courage and good conduct, We do by these presents con- stitute and appoint you the said James Withnell ensign in the Eleventh Regiment of Foot, one of the fifteen Battalions raised by this State to serve in the Continental Army, whereof Benjamin Tappan Esq r is Colonel.
You are therefore carefully and diligently to discharge the duty of an ensign in the said Regiment in all things appertaining thereto, observing such orders and instructions as you shall receive from the Colonel of said Regiment or any other your Superior Officers for which this shall be your sufficient warrant till you receive a Commission in manner and form pointed out by the resolve of Congress of March the 8 th and June 28 th 1779 - Dated at Boston this 26 th of September A.D. 1780 and in the fifth year of the independence of the United States of America
By order of the Committee John Avery D. Secy.
Jos. Powell President

I think that you will be able to remove all objections, which the Secy of Treasury may make to the Judys Claim. The evidence which the law requires is not defined but is only such as the Secy may deem sufficient. In some cases the testimony of persons to this effect that the applicant has been generally supposed to be a soldier of the Revolution has been received by the Secy. That Judge Withers was in the Army at an early period of the Revolutionary war is clear for by the law under which he received his appointment all appointments were made according to seniority. That he was in the army in 1780 appears by his Commission - That he was in the army in the year 1782 appears by Mr Abbott's letter and you, who will know the venerable old patriot, know that he was in the army, probably as he has stated. If you will go to the Department and see the Secy of the Treasury, state to him what you know of the good old man and get the matter settled you will confer a great favor on him.
Yours Respectfully
Norman S. Lynn,

Re d 2 Augt 1830
2056
4
West Poultney, Vermont July 27 th 1830
To the Hon. Samuel D. Ingham
Sir,
Your letter of the 16 th Inst r informs me that the Statement of James Withnell in regard to commutation which was last forwarded to your Department "contained no answer to your inquiry." The general terms in which the inquiry was made rendered it difficult for us to determine what particular form of answer you wished us to adopt. If you had inquired whether Judge Withnell applied for the commutation and was refused. We should have answered by a simple negative. If you had asked whether he made any application at all we should have answered by a simple negative also. We did not suppose that you asked for the private reasons which induced him not to apply for the commutation. I believe that Judge Withnell states in his answer that he was entitled to half pay (for life) under the act of 1780 - that he did not receive the commutation to which he would have been entitled had he consented to receive it. He made his statement as full as he could without going into the private reasons for not making an application for the commutation, which we did not suppose could be the object of your inquiry. If you will please to inform us what particular question you wish to have answered you will very much oblige your old Revolutionary friend.
Very Respectfully
Your ob t Serv t
Norman S. Sprague

Rec 10 Feby.
Dear
Mr. Ingham Secy Treasury

W. Feb 8, 1831
Sir,
After my address to you enclosing Mr Sprague's letter rec d the enclosed evidence - The pension law is not familiar to me - I know that Lady Withers is as pure a man - is reputed as gallant a soldier, of his rank, as ever lived -
Allow me to request that the enclosed may be considered
Very respectfully
Your ob t Serv t
R. Bellary
Hon ble
Mr Ingham
Secy (Pensions)

1864.
No of orig Paylt-1093 REVOLUTIONARY CLAIMS.
TREASURY DEPARTMENT.
24 April 1830.
James Witherell of _____ in the County of Wayne — in the State of Territory of Michigan has applied to the Secretary of the Treasury for the benefits of the act, entitled "An Act for the relief of certain surviving officers and soldiers of the army of the Revolution," approved on the 15th of May, 1828. He states that he was as an officer on the Continental line, and served as such to the end of the war,
at which period he was an Ensign in the Eleventh regiment of the Massachusetts line; and that he received commutation certificates for the five years full pay granted by the resolve of 22 March, 1783; and, further, that he has received as a pensioner since the 3d of March, 1826, Nothing. dollars, paid to him by the agent in the State of _____
The Third Auditor is requested to report how far these several statements are corroborated by the records in his office.
By order of the Secretary F. H. Dickinson.
TREASURY DEPARTMENT,
THIRD AUDITOR'S OFFICE,
24 th April 1830
It appears by the records in this office, that final settlement certificates have been issued for the commutation of five years full pay to _____ in the _____ line, amounting to _____ dollars.
It further appears that James Witherell not is now on the pension list of the _____ agency, and has been since the 3 rd March 1826 at the rate of  per month
The Revolutionary records in this office furnish no information whatever in relation to the services of Ensign James Witherell of the Massachusetts line - except that he appears to have entered the service as an Ensign in the 10 th Regiment of that line, on the 26 th September 1780.
John Hagner Aud
correct.

2 War Dept., Bounty Land Office April 30 th 1830
The name of James Withnell cannot be found on the list of Officers of the Massachusetts line, among those returned at the close of the War, as entitled to Bounty Land from the U. States, or, to whom a Land Warrant has issued
H. Gordon

Castleton Vt      Revolutionary Claims      June July 27      " "
Hon. Samuel D. D. D. D. D. Secretary of the Treasury Washington

J. Abbott's affidavits

34 I Josiah Abbot of Lemington in the County of Essex & State of Vermont, being now in my seventy second year of my age do testify and say, that whereas I gave my Affidavit some time about the last of December now last past, respecting my knowledge and acquaintance with James Witherell, in the years 1781. 2. & 3. then Ensign in the Massachusetts line of the Revolutionary Army. — In which grade of Ensign I was myself — I now further add, that at the time I made that Affidavit, I formed the idea, or gained the impression that Mr. Witherell retired from service in December 1782. or the first of January 1783. at the time the Ninth & Tenth Regiments of Massachusetts line were deranged or reduced in the other remaining eight Regts. which took place, while I was absent from Camp on furlough in the State of Massachusetts; — On a further investigation, of a daily journal which I then kept, and which I now refer to, I find Mr. Witherell was in service after the Cessation of Hostilities which took place the 19 th April A.D. 1783. which completed the eighth year of the War. — 'Tis true my journal I consider of a local nature, I record the passing events of the day, such as the day and hour of the news of peace arrived at our Camp, near New Windsor, on Hudson River which was on the 25 th March 1783. at ten O'clock M. — when & where I performed any Public duty, such as mounting guard, — as well, as when & where, I was detached on any other duty. and who were my daily Associates companions & etc — the long space of time now of forty eight years, has erased from my memory at a first thought, the names of many of my old "Companions in Arms" — but I find Mr. Witherell's name is recorded on my Journal as late as the 16 th day of May 1783. and presume to believe, that he continued in service till the during War men were disbanded, and the Massachusetts line were reduced from the 8 Regiments to 4 Regts. which composed the three years Men. which took place or about on the 13 th June A.D. 1783. — and I further declare, that I continued in service to the close of said last mentioned year, in the 2 d Mass Regt. commanded by Col. Sproat. — And that I have not now , any remembrance or record of said Mr. Witherell after the said last reform of the Massachusetts line mentioned above. Josiah Abbot
State of New Hampshire } Coos Co.
Colbrook Jan 16 th 1831
This day personally appeared before me Josiah Abbot and signed his name to the above affidavit in my presence and made solemn oath that the same is just & true Joseph Loonis Justice Peace

State of New-Hampshire - Lancaster Coos-County - July 4 th 1831.
To all to whom this may come - Be it known that I Samuel A. Pearson a Notary Public within & throughout the State of New-Hampshire aforesaid, duly appointed, commissioned & sworn do hereby certify under the oath of my said Office, that Joseph Loomis whose name is written on the other side of this sheet, is a Justice of the Peace within and for said County of Coos, duly appointed, commissioned and sworn, and acting as such, and that said signature is his natural genuine signature & ought to be received & have full faith & credit throughout the United States - I also certify that I am well acquainted with Josiah Abbott who made the foregoing affidavit, and consider him a person of truth and veracity - In testimony whereof I have hereunto set my hand & affixed my seal Notarial the 4 th of year above.
Sam. A. Pearson Not. Public

To
Lucius Lyon Esq o Washington City D. C.

Detroit Aug. 6 th 1831.
Lucius Lyon Esq r ,
Sir,
I yesterday received some additional evidence of Judge Witherell's claim for revolutionary pay and I hasten to avail myself of your kind offer to aid the old veteran in obtaining this debt from the Government.
The affidavit of S. Abbott, very unexpectedly received yesterday, will show most conclusively the title of the venerable Judge to the benefit of the Act of 15 th May 1828: But not anticipating what captious objection or scruple may arise, I have thought it best to have the subject of the claim examined and decided while you and Gov. Cass are in Washington; believing that you will see that it is fairly treated, and, if it is in your power, give such attention and assistance as will render it at once successful.
I have inclosed the papers to Gov. Cass fearing that you might not be in Washington. But if you receive this in Washington, as Gov. Cass will probably be much occupied in the War Department, I beg you to consult with him and make such disposition of the case as your discretion may direct. If any thing more is required you will no doubt be willing to make some such statement as I mentioned to you here, and procure one from Gov. Cass.
I wrote some time ago to Col. J. Watson upon this subject requesting him to look at the old documents at Washington in order to get more light upon the subject of the Judges Claim. It is probable that his labour, in so doing, would be lost, and I no longer think it necessary.
Most Respectfully
Your Ob t Serv t ?
Norman S. Sprague

Michigan Territory County of Wayne
I James Witherside aged
Seventy two years do upon oath testify & declare that I entered the service of the United States in the year 1795 in Capt. Moses Knapp's Company, in one of the Massachusetts Regiments in the line of that State, the name of the Col & the number of the Regiment (if at that time it had any number) I have now forgotten, That I continued to serve in that Regiment & in several others, under different Enlistments & under different Col's to wit Col Reed, Col Dupper & Col Shepard all of the Massachusetts line, until of the 26 th of Sept r 1780 at which time I was appointed an Ensign in the 11 th Massachusetts Regiment by the authority of the Council of Massachusetts, raised for the Centennial Service, and that on a re-numbering of the Regiments, the said Regiment was numbered 10 th & that I subsequently received a commission from Congress dated 18 th May 1781 giving me the rank of Ensign from the 26 th day of Sept r 1780 in said 10 th Regiment agreeable to my first appointment from the Council of Massachusetts, and that I continued to serve in said Regiment under said appointment till the end of the War. And I do further declare that I have never received a warrant for the bounty and promised to be on the part of the said United States, nor have I ever transferred or assigned any claim in any manner therefor. Subscribed before me this 20 th day of April A.D. 1832
James Witherside
R. H. Witherside
97 In presence of the above

Know all often by these presents that I James Withersell aforesaid do hereby constitute and appoint Warren D Sprague and Austin E. Irving & either of them severally to be my true & lawful attorney for me and in my name to demand, and receive from the Secretary of War of the United States a Warrant for the quantity of the hunting land due to me, as aforesaid, and my said attorney or either of them, are hereby fully authorized and empowered to appoint one or more attorneys under him or them, for the special purposes above mentioned — Witness my hand and seal at the City of Detroit this 4 th day of April at D 1832 —
Signed sealed and delivered in presence of J. H. Withersell
James Withersell
97
I Almon Dunbar aged thirty nine years do upon oath declare that I have read long herewithal with James Withersell subscribers to the foregoing declaration in my presence, & well know that he is the identical person he therein represents himself to be; and further I do believe he did perform the military service therein stated —
Almon Dunbar
Witness —
J. H. Withersell
Before me J. H. Withersell a Justice of the Peace for the County of Wayne in the Territory aforesaid personally appeared the above named James Withersell subscribed to the foregoing declaration and in my presence acknowledged the Power of Attorney thereto subscribed to be his free act & deed and likewise personally appeared Almon
Dunbar who both subscribed the above certificate of identity, both to me well known to be men of respectability & truth & made solemn oath to the deposition by them respectively subscribed this 4 th day of April at D 1832
J. H. Withersell
97
2nd New Magazine Court Jan 5

I Isaac L Rowland Clerk of the Court of Wayne in said Territory in Testimony that the above-mentioned B. H. Withers was a Magistrate duly qualified to administer oaths and take acknowledgements in the Territory of Michigan at the date of the foregoing acknowledgement & affidavit, and that his name there subscribed appears to be his usual signature. I have hereunto affixed the County Seal & subscribed my name and qualified at the City of Detroit in the County of Wayne in the Territory of Michigan this fifth day of April in the year of our Lord one thousand Eight hundred and thirty two —
Isaac L. Rowland Wayne County Clerk

15 I Josiah Abbot of Farmington in the County of Essex and State of Vermont now in my Seventy second year of my age testify and say, that in the year 1781 I entered the service of my country, as a Volunteer, and joined the 10 th Regiment in the Massachusetts line in the Revolutionary war. — then stationed at Pickett's — that soon after I was appointed Ensign in said Regiment, — and in the course of Autumn of that year, I became acquainted with James Witherell, then an Ensign in said line, the same who for many years has been Judge of the Supreme Court in the Michigan Territory. — My acquaintance with Mr. Witherell this year, was rather limited, owing to his being detached on command down at places, call'd Crompond, Croton River, & New Bedford, — these places, I believe were considered the line between our Army, and the British in New York City, — these places were frequently molested by Delancy's corps of Cowboys (so call'd) — I believe that I am not mis- taken, that Capt. Pritchard, a Lieut. Taylor, & Ensign Witherell, were selected as a corps of Officers, whose reputed character for Bravery, vigilance, alertness, and enterprise, made them the the most suitable to command on this station, then most others of equal grade, and I remember it to be said, that these Officers continued on the line several months at the particular request of Major Genl. Heath. — In the month of Jan y . 1782. I was sick with the small pox, — and for several weeks was confined to my quarters, — I will recollect that Mr. Witherell visited me, more then once, during my confinement — and the next summer viz. 1782 I find by a daily journal which I then kept, — and now refer to, that I had several sociable interviews, with Mr. Witherell and many other Officers. — And altho I continued to the close of the year 1783. — yet I am now unable to say at what period Mr. Witherell retired from service, — but upon the whole, I think that I am safe in saying that he left service at the close of 1782. at the time when the two Regts the 9 th & 10 th were reduced, which admitted the whole corps of Officers to retire out of the whole line, both, Field, Staff, & Platoon, at that time. — And I further state, that I was absent on furlough in Mass. from about the last of November 1782. to February 1783. — And that I been present in camp, at the time the reform took place, I might now be more certain of Mr. Witherell retiring at the time, — — as to the period, in which Mr. Witherell commenced his service, I have not any knowledge of, — except from what I may infer from an anecdote related to me by Major Mose Knapp, in Boston, at one of our anniversary meetings of the Society of Cincinnatia , about the years 1786. or 7. — I think Major Knapp stated, that in Encounter

Encounter with a party of British Dragoons at White Plains in 1777 if I mistak not, - and while he (Knap) was Capt. of a company in which this Mr. Witherell was Serjant, that he said he should have been Slaughter'd, had it not been for the extraordinary vigilance and Bravery of Serjant Witherell, who apprized him (Knap) of his eminent danger, he, and his whole company was in, - and by an instant exertion, extricated themselves from impending ruin. - I dont mean to be understood that I have made use of the same words that Major Knap did, but in substance the same -
Josiah Abbott
State of Vermont } Quilshall Dec 30th 1830 Essex County } Then personally appeared Josiah Abbott and subscribed his name to the above, & within a affidavit in me known and made solemn oath that the same contains the truth before me John Dage Justice Peace
State of Vermont } William Gates Clerk of Essex County } the County Court within and for the County of Essex and State of Vermont do certify that John Dage Esq. before whom the foregoing affidavit was taken & acknowledged and sworn to is and was at the day of the date thereof a Justice of the Peace. I have hereunto set my hand and affixed the seal of the said Court this 30th day of Decr 1830 WM Gates Clerk

SW11 Rev. Sec.
Pension Office:—
Will you kindly send me a copy of your records regarding the Revolutionary services of Samuel Dunn of Plymouth, Michigan. This is wanted for the records of the Louise P. Clark Chapter. Daughter of the American Revolution. Thanking you

Kindly address answer
To Miss Madeline King.
814 Jefferson Ave. E.
Detriot.
March 26. 16
Wickagreen
Also services of Col. James Withersall of Detriot.
and Gen. Hamtramck.
both Revolutionary Heroes—

Rec d 9 Feb 1831
Flora.
Mr Ingham
Suz Deaguy

Recd August 19 th 1831.
40B - 28
Detroin Aug. 6 th 1831.
To
The Hon ble Lewis Cass, Secretary of War,
Sir,
The inclosed affidavit of Mr Josiah Abbott was very unexpectedly received yesterday and I believe it brings Judge Withersell's case within the provisions of the Act of 15 th May 1828, under which he claims his pay for services in the revolutionary war. I think that all obstructions to the allowance of the Old Soldiers' claims are now cleared away; and believing that this subject will require your attention but for a single moment I avail myself of your kind offer to aid the venerable old patriot in procuring the allowance of the sacred "debt of blood" due him from his country.
The Certificate of the Secretary of the State of Massachusetts is also herewith inclosed. It is sent merely to show the Treasury Department that according to the request last made by the late Secretary or one of the Clerks of that Department we have applied to the Secretary of the State of Mass- for information - The certificate shows that we cannot gain any important information from that source.
The statements made by the Judge himself and herewith transmitted sets forth the nature of his claim and some of the difficulties he has met in endeavouring to establish it. The business was first committed to my charge and the only evidence furnished me was the warrant which the Judge mentions and his Declaration both now on file in the Treasury Department. Finding that the evidence was insufficient I began to inquire further. The Judge informed me that he once had a Commission signed by Sam l Huntington President of Congress and dated in the year 1781 and also a furlough from Gen l Washington himself given him just before the close of the war both of which he was fearful he had lost as he could not lay his hand

29 upon them. He looked over his old papers again and found the Parchment Commission but has never been able to find the furlough. He has still another appointment of Sergeant which he received in the early part of the war. I do not send this appointment, as it is connected with the subject of the claim now made only so far as it shows that Judge Withers entered the service in the beginning of the war and though there is his claim to the favorable consideration of the Government.
The affiant, Josiah Abbott, furnished, at my request in December last, a statement of his knowledge of Judge Withers as a soldier of the Revolution. It seems that upon examining his old journals he finds Judge Withers in the service at the close of the war and has voluntarily furnished this affidavit inclosed giving information that Judge Withers was in service much longer than would appear from his first affidavit.
Judge Withers has been in this remote section of the country nearly twenty four years and entirely separated from all his old "companions in arms". One year ago he did not know that a single officer or soldier of the Reg't to which he was attached was in existence - All except Mr Abbott and the venerable old Judge are (probably) under the soil now. In the letter which Mr Abbott wrote me inclosing his last affidavit he states that at the meeting of the Mass. Cincinnati on the 4 th ultimo only fifteen of the soldiers and officers of the Revolution attended and that forty years ago these meetings were composed of more than two hundred.
I think it will be in your power to close this business and give speedy relief to the good old man. I have inclosed a letter to Mr Lyon on this subject which I beg you to open if Mr Lyon is not in Washington.
With great esteem Your Ob't
And Serv't
Norman S. Sprague

Rec d 9 Feb 1831
2416
27
W. Feb 8 - '31
Sir.
Allow me, respectfully, to ask your attention to the claim of James Withers - an officer of the revolution. I know he is a good man - my predecessor from V t (now of Detroit). Of the legal- ity of his claim, I have no knowledge. The enclosed may be useful as reference. The evidence I presume is in your department. (The enclosed was no doubt dictated by him) -
A consideration is desired -
I have the honor to be your obedt servt
R. McAlister
Hon d
Mr Ingraham
Secy of Navy