Revolutionary War Pension and Bounty Land Warrant Application File W. 16355, for John Mc Nitt, Massachusetts

SERVICE
NUMBER
McNitt, John Patty
N 16355
CONTENTS

14541 New York
John McVitt Jefferson in the State of New York who was a private in the Comt- commanded by Captain Stewart - of the Regt. commanded by Col. Wells - in the - Mass line for 1 year 12 days
Inscribed on the Roll of New York at the rate of 41 - Dollars 33 Cents per annum, to commence on the 4th day of March, 1831.
Certificate of Pension issued the 30 th day of May 1833 - and sent to Nat. R. Johnson - Champlain Jefferson Co. N.Y.
Arrears to the 4th of March 1833 - $82.66 Semi-ant. allowance ending 4 th Sep 1833 - 20.66
$103.32
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded by George Taylor Clerk. Book E, Vol. 4, Page 67.

Albany 1930
Patty M c Nitt
Widow of John M c Nitt
who died on the 13. April 1835 of Jefferson Co, in the State of N. York who was a Private in the company commanded by Captain Stewart of the Reg t commanded by Col. Wiles in the Mass. line for 7. months & 24 days Mass.
Inscribed on the Roll of Albany at the rate of 26 Dollars — Cents, per annum, to commence on the 4th day of March, 1835. 13. April
Certificate of Pension issued the day of April 1838 and sent to A. Ely Watertown, N. York
Arrears to the 4th of March '38 75.77 Semi-annual allowance ending 1 st Sep. " 13.00
$ 88.77
{ Revolutionary Claim, Act July 4, 1836, Section the 3 — }
Recorded by D. Brown Clerk, Book A. Vol. 2 — Page 113

State of New York 3/1 Samuel McVitt Keeper of Peppercorn County 3/1 The United States Light House on Horn Island near Sackets Harbor Peppercorn Coun- ty and State of New York being duly sworn says that he is about 65 years old that when he was between six & 7 years old he went to live with his Uncle John McVitt and Aunt Patty his wife who then resided in the town of Rowe County of Hampshire now Franklin County Massachusetts - and that he resided with them at that place till he was 21 years of age and that he has been familiar with the family ever since that more than 30 years ago this deponent and his Uncle John moved from the State of Massachusetts into the County of Peppercorn and State of New York where they have both resided until his death and this deponent further says that he knows when they were married and thinks it was about three years before he went to reside with them says he did not know his aunt Patty the wife of his Uncle John until they were married but soon after he knew her to be the daughter of old Mr Michael Wilson & Mary his wife They lived in the same town & neighborhood and this deponent was familiar with both families until he came to re- side in this state - and further said and this deponent further says that he knows that his said Uncle John was a consid- -erable part of the time during the revo- -lutionary war a soldier in the Continental service and was at West Point a soldier in the U. S. service at the time of Reynolds Brewery -
Samuel McVitt
Sworn and subscribed This 15th day of December 1836 before me
Zeno Allen a Judge of Pepp. County Court 3/3
I certify that the above deponent is a high Honorable and a very credable person
Zeno Allen a Judge of Pepp. County Court -

State of New York
Jefferson County p.
I, Pelay Burchard Clerk of said County do hereby certify that Zeno Allen Esquire before whom the annexed affidavit purports to have been sworn was at the date of the same a Judge of Jefferson Common Pleas in and for the said County. Commissioned and sworn, and duly authorized to take the same. And further that I am well acquainted with his handwriting and verily believe his name subscribed to the same to be his proper hand writing and signature.
Witness my hand and Seal of said County this Twenty fourth day of December in the year One thousand Eight hundred and thirty six
P. Burchard Clerk

John McHitt
220 35
17 1/2

State of New York County of Jefferson ss
On this 26 -- day of January in the year of our Lord one thousand eight hundred & thirty three personally appeared before John Macomber Esq one of the Judges of the Court of Common Pleas for the County of Jefferson aforesaid John McVitt. a resident of Champion in the County of Jefferson & State of New York aged eighty three years, who being first duly sworn according to Law, doth on his oath make the following declaration in order to obtain the benefit of the Act of Congress passed June 7. 1832.
That he entered the service of the United States under the following named officers, and served as herein stated. That he entered the service of the United States as a volunteer about the middle of September 1776 under Capt. McLallin & served two months in Col. Mosely Regiment. The Regt. rendezvoused at a town below New Haven on the Sound between that & Horse- Neck . The name of the town he does not recollect but believes it was burnt the next year. That he marched from there to Horse Neck, and along the Sound by East Chester Church and joined the Army two or three miles north of Kingsbridge. The next morning after joining the Army there was a skirmish with the enemy at Frogs Point. Mosely's Regt. & two other Regts were called on & marched on towards Frogs Point. After they got about half way they received news that the enemy had gone and so returned & were dismissed for half an hour and was then to be ready to march to Frogs Point. At night Mosely's Regt. was ordered to march to Frogs Point as a Pickett guard. They intrenched on the Point and staid there until about 11 o'clock A.M. the next day, when they were relieved by Col. Prescott's Regt. and marched back to the Camp. The Army was commanded by Gen. Washington in person. After returning from Frogs Point staid about twenty four hours & then retreated back to Mile Square in the night and began a fort staid there nine or ten days & retreated to White Plains. While his Regt. lay at Mile Square he joined a Scouting company commanded Capt. Chapin

His Regt. was Stationed on the height of land about a mile & a half to the northeast of the plain. The army lay on the plain and round about. Capt. Chapin & his Company set out on a Scout the morning of the battle of White Plains. They marched to the four corners on the Plains, where they were met by an officer who ordered Chapin to halt. Chapin marched back a short distance & halted. Soon a Scout came up with twenty five prisoners, which Scout was dismissed and the prisoners placed under the charge of Capt. Chapin, who marched with them into the Scarsdale. Capt. Chapin's Company consisted of but twenty five, but he was reinforced after making a short detour by a company of 25 men. They were gone three days. Heard the battle before we have got to the river. When we got back our army have left the plain. The next morning after we returned the British army marched on to the plain. Staid one night, & the next morning marched off again towards New York.
The next morning after the British Army left the Plain Gen. Sullivan called for a Detachment of fifteen hundred men to go after Major Rogers & Coy, who commanded a party of Tories & Loyalists lay on the Sound. Capt. Chapin & his Company joined them. They were ordered to parade at Gen. Sullivan's quarters with two days provisions. Exercise all day & marched in the night. When they came where Rogers was supposed to be, it was found upon enquiry that he have broken up his camp and gone about an hour & a half before. Marched back to the camp the next day. Nothing more of consequence transpired until the time for which he volunteered - which was two months - was out.
He was dismissed not far from White Plains and got home the last of November.
Since the time John M'Kitt also further declared upon his oath as aforesaid that he entered the Service of the United States as a volunteer for six weeks the last days of February A.D. 1777 under Capt. Stewart & served in Col. Wells' Regt. That he marched directly to Scituate General St. Clair, Commander at Scituate was sent from the old fort to the north-west about two miles to a fort to keep Guard. Staid there until

his time was out - got home the last of April 1.12 And the same John McVitt further declares as aforesaid. That he was called out for six weeks the fore part of July 1777, soon after Ticonderoga was given up, to meet Burgoyne was commanded by Capt. Taylor. Belonged to Col. Wells' Regt. Requartered at the City of Hudson. Where they waited for the Regt. to fill up - Marched from the City of Hudson up through Stillwater & Saratoga, by Fort Miller to within about a mile and a half of Fort Edward and about a half a mile from the river. They were stationed there on a rise of ground - Staid there about a fortnight. And then retreated to Fort Miller. Staid there one night. & then retreated down the river to within about two miles of Saratoga. Crossed the river - there and staid all night & a part of the next day. A large picket guard was taken from our Regt. to stay all night. The remainder marched to Saratoga & were stationed at the mouth of Fish Creek. The next morning the guards left were rout- -ed by the British & Tories. The Indians waylaid the road, killed some and took a number of prisoners - Staid at Fish Creek ten or twelve days. The duty was scouting. Retreated from Fish Creek to Stillwater where his Regt. Staid until his time expired. The last of August General Schuyler commanded General St. Clair was with the army. 5. And the same John McVitt also further declares upon his oath as aforesaid - That he entered the service of the United States as a volunteer for three months in the year 1780. That he marched from Roe the first of July. That his place of rendezvous was Hudson. Marched from there to West Point where he was stationed for the whole three months. That he can not recollect the name of his Col. His Captain's name was Newcomb General Arnold commanded at the Station About a month after his arrival at West Point Gen. Arnold, ordered a large detach- -ment of men to go up the river to Cut- wood for timber. A short time after that

another detachment was sent down the river for a guard, (so it was said). That he was stationed at the Southern most fort as a guard when Arnold went off. Only a corporal & six men were stationed at each fort Gen. Washington arrived the same day that Arnold went off, & ordered out a picket of about forty men and a commissioned officer to each fort for a guard. His time was out a few days after the regular troops came on for winter quarters. That he got home the latter part of Oct. That he, the said John, also declares that he does not know of any person by whom he can prove the foregoing services. That he never recei- ved any written discharge. That he was born in the town of Palmer, County of Hampshire and State of Massachusetts the 25 th day of April 1749 That he has a record of his age in his Bible taken from the family record. He does not know where the family record is at this time That he was living in the town of Row in Hampshire County, & the State of Massachusetts at the several times that he entered the service of the United States above mentioned. That he removed from Row to the town of Cambridge in Washington County & State of New York in 1798 resided in that County five years, when he removed to the town of Champion then in the Co. of Oneida. Now Jefferson and the State of New York, where he has resided ever since and now resides. That the following named persons reside in his neighborhood & can testify as to his character for veracity, and their belief of his services as a Soldier of the Revolution. Mr. Isaac Hubbard, Dorastus Wait, Asahel Wilmott Esq. & Elisha Jones. He hereby relinquishes every claim to a pension or annuity except the present, and declares that his name is not on the Pension Roll of the Agency of any State Sworn and subscribed the John M c Whit day & year aforesaid before me J. M c Whit, Judge
We Nathaniel Dutton a clergyman, residing in the town of Champion, County of Jefferson and

State of New York, and Dorastus Wait residing in the same town of Champion aforesaid hereby certify that we are well acquainted with John McKitt who has subscribed & sworn to the above declaration; that we believe him to be eighty three years of age; that he is respected and beloved in the neighbourhood where he resides, to him been a Soldier of the Revolution, and we concur in that opinion Nathaniel Dutton Sworn & Subscribed the day Dorastus Wait & year aforesaid before me J. M'Namara, Judge
And I the said Judge do hereby declare my opinion, after the investigation of the matter, and after putting the interrogatories prescribed by the War Department, that the above named applicant was a Revolutionary Soldier, and served as he states And I the said Judge further certify, that it appears to me that Nathaniel Dutton, who has signed the preceding certificate is a clergyman resident in the town of Champion in the County of Jefferson & State of New York, and Dorastus Wait who has also signed the same is a resident of the same town, and is a credible person, and that their statement is entitled to credit J. M'Namara, Judge
And I the said Judge do further certify that John McKitt who has subscribed & sworn to the foregoing declaration is by reason of age and infirmary altogether unable to attend Court J. M'Namara, Judge

State of New York } Jefferson County } ss Samuel McKitt. The light House Keeper in the Village of Sackets Har- bor being duly sworn by the undersigned says that he is in about sixty one years of age says that when he this deponent was about six years of age his father died and he went in to the fam- ily of his uncle John McKitt to reside and he has since greatly heard him tell of his for - mer campaigns and relate many anecdotes of the transactions that he witnessed while in the service and that he this deponent well recollects the time that he went as a volunteer in the year 1780 this deponent does not recollect the year but well recollects the time when his uncle John went from home to go in to the war and also the time when he returned home. This depo- nent does not recollect the time he was gone from home but says it seems to him now that it was about six months and this deponent has no doubt but that the de- claration of the said John McKitt is true every word of it Samuel McKitt
Sworn and subscribed to be fore me this 5th day of July 1833-
Deno Allen Judge of Jefferson Pleas
I the said Judge do hereby declare my opinion is that the above deponent Capt Samuel McKitt is a respectable person and that his affidavit and word is and ought to be entitled to full credit
Deno Allen Judge of Jefferson Pleas

State of New York Jefferson County ss.
Office of the
I, Edyt Brachard Clerk of said County do hereby certify that John Macpherson and John Allen before whom the annexed affidavits were sworn to before me have been sworn to before me at the dates of the same Judges of the Court of Common Pleas in and for said County the same being a true copy of record, and that I am acquainted with the hand writing of the said Judges and verify believe the signatures purporting to be theirs are in their own proper hand writing: Witness my hand and Seal of Office this 6th day of February 1833
of Common Pleas in and for said County the same being a true copy of record, and that I am acquainted with the hand writing of the said Judges and verify believe the signatures purporting to be theirs are in their own proper hand writing: Witness my hand and Seal of Office this 6th day of February 1833
J. Brachard Clerk

State of New York
Jefferson County ss. On this 20 th day of December 1836 personally appeared before the Hon. Calvin M c Knight First Judge of Jefferson Common Pleas, Patty M c Kitt, widow of John M c Kitt a resident of the town of Champion in the County of Jefferson and State of New York age a living eight years last July, 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 4. 1836. That she is the widow of John M c Kitt, who was a private in the militia in the war of the revolution, the history of whose services and the evidence of the same, were sent to the pension office when he obtained his pension and to which she refers. She further declares that she was married to the said John M c Kitt in the town of Rowe in the State of Massachusetts on the 14 th day of January 1777 by the Rev. Mr. Jones a presbyterian Clergyman then settled in that place; that her husband, the aforesaid John M c Kitt died on the 13 th day of April 1835; and that she has remained a widow ever since that period, as will more fully appear by reference to the proof sent annexed.
Sworn and subscribed to her Patty + M c Kitt mark
this 20 th day of December 1836
before me Calvin M c Knight first Judge of S d County Courts
I certify that by reason of bodily infirmity the above named Patty M c Kitt cannot write - and also for the same reason it would be difficult for her to attend the court
Dec. 20 1836
Calvin M c Knight first Judge of S d County Courts

January the 3 d 1838
PA Bradford & Canton township
I Noah Wilson of the Township of Canton in the County of Bradford State PA (aged seventy six years) do certify that in the year Seventeen hundred and seventy seven that I Resided in the township of Rowe. in the State of Massachusetts and that on or about the fourteenth day of January of said year, I was present at the Marriage of John Mc Nitt to Patty Wilson my sister, and said then Married by the Reverend Cornelius Jones Minister of the same Lord's at the town of Lareda. and in said state of Massachusetts. and that the said John Mc Nitt did enter the service of the United States the Spring following. said Marriage and continued in said service until the next winter following, and I think that he joined the Army at White Plains and further south not Noah Wilson
Bradford County ss
Personally came before me a Justice of the Peace in and for said County of PA Noah Wilson Esq of the township of Canton in the County aforesaid and being on his solemn Oath saith that the above Deposition is true according to the best of his knowledge and belief
Witness my hand and seal at Canton this 3 d day of January A d 1838
David Palmer

Deposition of Noah Wilson
State of Pennsylvania Bradford County ss
I J. C. Powell Prothonotary of the Court of common Pleas of Bradford County do certify that David Palmer is a Justice of the Peace in and for Said County duly commissioned and qualified and to continue during good behavior and that the within signatures purporting to be his are genuine.
In testimony whereof I have hereunto set my hand and Official Seal this fourth day of January One Thousand Eight hundred and thirty Eight
for Joseph C. Powell Deputy A. S. Chamberlin J. P.

22635 John McVitt Jefferson county New York
Nat M Johnson Champion N. York
Ms. B. 1. 10 No. 2

WAR DEPARTMENT,
Pension Office,
Sir:
The evidence in support of your claim, under the act of June 7, 1832, has been examined, and the papers are herewith returned. The following is a statement of your case in a tabular form. On comparing these papers with the following rules, and the subjjoined notes, you will readily perceive that objections exist, which must be removed, before a pension can be allowed. The notes and the regulations will shew what is necessary to be done. Those points to which your attention is more particularly directed, you will find marked in the margin with a brace, (thus: { ). You will, when you return your papers to this Department, send this printed letter with them; and you will, by complying with this request, greatly facilitate the investigation of your claim.
A Statement, shewing the Service of John M'Vitt, Jefferson Co New York
   Period when the service was rendered. Duration of the claimant's service. Rank of the claimant. Names and Rank of the Company officers under whom he served. Names and Rank of the General and Field officers. Battles in which the applicant was engaged. Country through which he marched. Place of abode when he entered the service, and age at the present period. Evidence by which the declaration is supported.   Years. Months. Days.     Volunteer 1776 2 private Capt M c Callie Col Moseby New Haven 83 tradition   do 1777 6 12 Capt Stewart Col Melis Horse neck Hampshire Map.   1 12 Capt Taylor Col Wells East Chester   Volunteer 1780 3 Capt Newcomb Col not recollects White Plains   7 24 Saratoga Mile square   Ticonderoga   Roe   Hudson   Stillwater   Saratoga  
I am, respectfully,
Your obedient servant,
J. L. EDWARDS, Commissioner of Pensions.
M. B. no Noes

REGULATIONS UNDER THE ACT OF JUNE 7, 1832.
The following regulations have been adopted:
This law has been construed to extend, as well to the line, as to every branch of the Staff of the Army, and to include under the terms "Continental Line," "State troops," "militia," and "volunteers," all persons enlisted, drafted, or who volunteered and who were bound to military service, but not those who were occasionally employed with the army upon civil contracts, such as Clerks to Commissaries and to Store Keepers, &c. Teamsters, Boatmen, &c. Persons who served on board of Private Armed Vessels are also excluded from the benefits of the law, as well as persons who turned out as patrols, or were engaged in guarding particular places at night, and were not recognized as being in actual military service.
Four general classes of cases are embraced in this law:
 1. The Regular Troops.  2. The State Troops, Militia, and Volunteers.  3. Persons employed in the Naval service.  4. Indian Spies. 
As rolls of the regular troops in the Revolutionary War exist in this Department, all persons, claiming the benefit of this law as officers, non-commissioned officers, musicians or privates, will in the first instance, make application by transmitting the following declaration, which will be made before a Court of Record of the County where such applicant resides. And every Court having by law a seal and Clerk is considered a Court of Record.
DECLARATION,
In order to obtain the benefit of the Act of Congress of the 7th of June, 1832.
State, Territory, or District of } ss. County of }
On this _____ day of _____ personally appeared (a) before A. B. a resident (b) of _____ in the county of _____ and State, Territory or District of _____ aged (c) _____ years, who being first duly sworn, according to law, doth on his oath make the following declaration, in order to obtain the benefit of the provision made by the act of Congress, passed June 7th, 1832. That he enlisted in the Army of the United States in the year (d) _____, with _____ and served in the _____ (e) regiment of the _____ line, under the following named officers:
[Here set forth the names and rank of the Field and Company Officers; the time he left the service; (and if he served under more than one term of enlistment, he must specify the particular period, and rank and names of his officers;) the town or county and State in which he resided when he entered the service; the battles, if any, in which he was engaged, and the country through which he marched. [This form is to be varied so as to apply to the cases of officers and persons who belonged to the militia, volunteers, navy, &c.]
He hereby relinquishes every claim (f) whatever to a pension or an annuity, except the present, and he declares that his name is not on the Pension Roll of any Agency in any State, or (if any) only on that of the Agency in the State of _____
Sworn to and subscribed the day and year aforesaid.
A. B.
[And then will follow the certificate of the Court.]
And the said Court do hereby declare their opinion (g) that the above named applicant was a revolutionary soldier, and served as he states.
I _____ of the Court of _____ do hereby certify (h) that the foregoing contains the original proceedings of the said Court in the matter of the application of _____ for a pension.
In testimony whereof I have hereunto set my hand and seal of office (i) this day of _____ &c.
If, on examination of the proper record the names of applicants, making such declaration, cannot be found, they will produce such proof as the rule given in note (j) points out.
Every applicant who claims a pension by virtue of service in the State Troops, Volunteers or Militia, except those who belonged to the New Hampshire Militia and State Troops of Virginia, will make and subscribe a declaration similar to the foregoing, with the following additions, viz:
(k) We, A. B., a Clergyman, residing in the _____ and C. D. residing in (the same) _____ hereby certify, that we are well acquainted with _____, who has subscribed and sworn to the above declaration; that we believe him to be _____ years of age; that he is reputed and believed, in the neighborhood where he resides, to have been a soldier of the Revolution, and that we concur in that opinion.
Sworn and subscribed the day and year aforesaid.
[And then will follow the certificate of the Court.]
And the said Court do hereby declare their opinion, after the investigation of the matter, and after putting the interrogatories prescribed by the War Department, that the above named applicant was a Revolutionary Soldier, and served as he states. And the Court further certifies, that it appears to them that A. B.
who has signed the preceding certificate is a clergyman, resident in the _____ and that C. D., who has also signed the same is a resident in the _____ and is a credible person, and that their statement is entitled to credit.
I, _____ Clerk of the Court of _____ do hereby certify that the foregoing contains the original proceedings of the said Court, in the matter of the application of _____ for a pension.
In testimony whereof, I have hereunto set my hand and seal of office, this _____ day of _____ &c.
Every applicant will produce the best proof in his power. This is the original discharge or commission; but if neither of these can be obtained, the party will so state under oath, and will then procure, if possible, the testimony of at least one credible witness, stating in detail his personal knowledge of the services of the applicant, and such circumstances connected therewith, as may have a tendency to throw light upon the transaction.
If such surviving witness cannot be found, the applicant will so state in his declaration (l) and he will also, whether he produce such evidence or not, proceed to relate all the material facts, which can be useful in the investigation of his claim, and in the comparison of his narrative with the events of the period of his alleged service, as they are known at the Department. A very full account of the services of each person

will be indispensable to a favorable action upon his case. The facts stated will afford one of the principal means of corroborating the declaration of the applicant, if true, or of detecting the imposition, if one be attempted; and unless, therefore, these are amply and clearly set forth, no favorable decision can be expected. All applicants will appear before some Court of Record in the County, in which they reside, and there subscribe and be sworn to, one of the declarations above provided, according to the nature of his case.
The Court will propound the following (m) interrogatories to all applicants for a pension, on account of service in the Militia, State troops, or Volunteers, except the Militia of New Hampshire and the State troops of Virginia.
 1. Where and in what year were you born?  2. Have you any record of your age, and if so, where is it?  3. Where were you living when called into service; where have you lived since the Revolutionary war, and where do you now live?  4. How were you called into service; were you drafted, did you volunteer, or were you a substitute? And if a substitute, for whom?  5. State the names of some of the Regular Officers, who were with the troops, where you served; such Continental and Militia Regiments as you can recollect, and the general circumstances of your services.  6. { To a Soldier. } Did you ever receive a discharge from the service, and if so, by whom was it given and what has become of it? { To an Officer. } Did you ever receive a commission, and if so, by whom was it signed, and what has become of it?  7. State the names of persons to whom you are known in your present neighborhood, and who can testify as to your character for veracity, and their belief of your services as a soldier of the Revolution. 
The Court will see that he answers to these questions are embodied in the declaration, and they are requested to annex their opinions of the truth of the statement of the applicant.
The applicant will further produce in Court, if the same can be done, in the opinion of the Court, without too much expense and inconvenience to him, two respectable persons -one of whom should be the nearest clergyman, if one lives in the immediate vicinity of such applicant, who can testify, from their acquaintance with him, that they believe he is of the age he represents, and that he is reputed and believed in the neighborhood to have been a Revolutionary soldier, and that they concur in that opinion. If one of these persons is a Clergyman, the Court will so certify, and they will also certify, to the character and standing of other persons, giving such certificates.
The traditional evidence of service is deemed very important, in the absence of any direct proof, except the declaration of the party. And the Courts are requested to be very particular in the enquiry whether the belief is general, and whether any doubts have ever existed upon the subject.
Applicants unable to appear in Court by reason of bodily infirmity, may make the declaration before required, and submit to the examination, before a Judge or Justice of a Court of Record of the proper county, and the Judge or Justice will execute the duties, which the Court is herein requested to perform, and will also certify that the applicant cannot, from bodily infirmity, attend the Court.
Whenever any official act is required to be done by a Judge or Justice of a Court of Record, or by a Justice of the peace, the certificate of the Secretary of State or Territory, or of the proper Clerk of the Court or County, under his seal of office, will be annexed, stating that such person is a Judge or Justice of a Court of Record, or a Justice of the Peace, and that the signature annexed is his genuine signature.
No payments can be made on account of the services of any person, who may have died before the taking effect of the act of June 7, 1832; and in case of death subsequent thereto, and before the declaration herein required is made, the parties interested will transmit such evidence as they can procure, taken and authenticated before a Court of Record, showing the services of the deceased, the period of his death, the opinion of the neighborhood respecting such services, the title of the claimant, and the opinion of the Court upon the whole matter.
[a] The declarant must appear in open Court, unless prevented from doing so by reason of bodily infirmity; in which case the declarant will follow the rule laid down for his guidance.
[b] The declarant must make his declaration in the county where he resides. If he should fail to do so, he must assign a sufficient reason for not conforming to the rule.
[c] The age of the claimant must invariably be mentioned.
[d] The declarant must mention the period or periods of the war when he served.
[e] Every continental officer or soldier must give the name of the Colonel under whom he served; otherwise a satisfactory examination of the claim cannot be had. Every claimant must state, with precision, the length of his service, and the different grades in which he served, in language so definite as to enable the Department to determine to what amount of pension he is entitled. In a case where the applicant cannot, by reason of the loss of memory, state precisely how long he served, he should amend his declaration by making an affidavit in the following words:
"Personally appeared before me, the undersigned, a Justice of the Peace, &c. A. B. who, being duly sworn, deposeth and saith, that, by reason of old age, and the consequent loss of memory, he cannot swear positively as to the precise length of his service; but, according to the best of his recollection, he served not less than the periods mentioned below, and in the following grades:—For _____ year _____ months, and _____ days, I served as a _____. For _____ months and _____ days, I served as a _____; and for such service I claim a pension."
It is important, in all cases, to determine with precision the period for which each applicant served, and the particular rank he held, as the law directs the pension to be paid according to the grade of the pensioner and the length of his service. The use of the phrase about three or four months , is too indefinite, and all such qualifying expressions are objectionable. Some persons who apply for pensions merely state that they served two years in the militia, &c. without specifying the tours, the names of the officers, and other particulars respecting their service. This form of a declaration is highly objectionable. It must, in every case, be clearly shown under what officers the applicant served; the duration of each term of engagement; the particular place or places where the service was performed; that the applicant served with an embodied corps called into service by competent authority; that he was either in the field or in garrison; and for the time during which the service was performed, he was not employed in any civil pursuit.
[f] The law makes the relinquishment indispensable.
[g] The opinion of the Court is always required.
[h] The Clerk must give his certificate in every case.
[i] The Clerk must affix his seal, and if it has no device or inscription by which it can be distinguished from any other seal, or if he has no public seal of office, the certificate of a Member of Congress, proving the official character and signature of the certifying officer, should accompany the papers.
Mode of authenticating papers.
In every instance where the certificate of the certifying officer who authenticates the papers is not written on the same sheet of paper which contains the affidavit, or other papers authenticated, the certificate must be attached thereto by a piece of tape or narrow ribbon, the ends of which must pass under the seal of office of the certifying officer, so as to prevent any paper from being improperly attached to the certificate.
Proof of Service.
[1] In a case where the name of the applicant is not found on the records of the Department, he must prove his service by two credible witnesses who are required to set forth in their affidavits the time of the claimant's entering the service, and the time and manner of his leaving the same, as well as the regiment, company, and line to which he belonged. The magistrate who may administer the oaths must certify to the credibility of the witnesses, and the official character and signature of the magistrate must be certified by the proper officer, under his seal of office.
[2] The notes from [a] to [i] are all equally applicable to the cases of Militia men, Volunteers and State Troops. The proof required by rule in note [j] applies to continental troops only.
[k] This traditional evidence is indispensable in militia cases.
[l] If a witness cannot be found, the declarant must state the fact.
[m] The answers to the interrogatories must all be written, and sent to the War Department, with the declaration.
Full Brantford

information as contained in his (or his widow's) application for pension on file in this Bureau. John Merrill Med File 13353
   DATES OF ENLISTMENT OR APPOINTMENT. LENGTH OF SERVICE. RANK. OFFICERS UNDER WHOM SERVICE WAS RENDERED. STATE.   CAPTAIN. COLONEL.     Sept 1776 1 mo. Pvt. St. John Howland Mass.   Feby 1777 6 mos. Stewart Wells   July 1777 2 mos. Saylor Wells   1780 3 mos. Swamp  
Battles engaged in, ✓
Residence of soldier at enlistment, Rose Hampshire Co. Mass.
Date of application for pension, Jan 16 1836
Residence at date of application, Champlain N.Y.
Age at date of application, born at Peter Hampshire Co. Mass. Apr 25 1749
Remarks: Dec 15 1836 -
Soldier married at Rose Mass. Jan 14 1777, Polly daughter of Michael and Mary Wilson. She was allowed pension on an application presented Dec 20 1836 while a resident of Champlain N.Y. aged 78 years.

1909 aug 5 High. to Mrs. O. L. Steele. V.P.M. 1912 aug 8 High. to Mrs. T. T. Carpenter V.P.M.
Rev WIDOW, &c.
File No. 16355 Kitty M rs . Pitt Wid of John M rs . Pitt Prim Rev War
Act July 4 th 1836
Index: Vol. M , Page 24
[Arrangement of 1870.]

✓ New York
Patty McNeill
Scarsdale —
the letter to Adriel Bly 20 Mar '37 — do. to Jane Aug. 26. 1837

New York - Albany Agency
John McNeill on the roll under the act of June 7 th 1832 at the rate of $41.33 per ann - to what time paid?
Yours &c R. Luce
John Henry Esq.
3 rd Auditor's Office
Dec r 13 th April 1833 paid to that period L.H.

Aug 26
Conns.
Ed. Edwards Esq Commissary General Washington
Mr. M. C. Meigs
Q.M. Dept.

Watertown August 20. 1837
Sir I address you on the subject of Mrs Patty McVitt's claim to a pension —
By your letter of the 20 th March past, you argued the want of evidence of the marriage of Mrs Taylor. I enclose you the letter of the Town Clerk of Rowen to show that no such evidence exists — By the same letter you argue in fact even the evidence of some one who saw them married — this in my opinion is an unreasonable requirement — and if persisted in must in many instances defeat the inten- tion of the law made for the benefit of the widow. Reasonable evidence, & such as would satisfy a judge or jury in a common law case ought to be had — In the case of Mrs McVitt, you have already better evidence than that of any witness who merely saw them married — because it would be difficult for any one to remember with certainty such an event so as to be able to give the exact date — it took place too long ago — Samuel McVitt swears that she was already married, when he went to live with his brother Asahel McVitt & that he was then six or

Seven years old & that he is now sixty five years old - this corroborates the evidence of Mrs McMillt who says she was married in Jan 1777 - The town Clerk of New Bedford thinks some persons now living there who fully believe that she was married about that time - I trust that upon a further examination of Samuel McMillt's affidavit it will be satisfied of the date of the marriage -
Yr obed Servt Admiral Ely
See also my letter of June 18

Mar 30
Mr Lance Compt
In. at.
Betty Wright
Edwards Esq Commissary of Pensions Washington

Watertown N.Y.
March 23. 1838
Sir
Allow me to call your attention to the claim of Mrs. Patty, widow of John McVitt - In your letter March 20. 1837 you observe that the aforesaid John McVitt was allowed a greater pension "than the widow now at the Department will justify" - "In 1777 it was alleged that he served six months in Capt. Stewart's Company; that time was inadvertently admitted as six months too." You also objects "that the date of the Marriage is not satisfactorily made out" -
I sent to you under date of the 15 th Inst. last the affidavit of Noah Wilson brother of Mrs. McVitt, who therein made oath that he was present at the Marriage Jan'y 14. 1777 - this I presume will settle the date of Marriage - He also in his affidavit says that the said John McVitt went into service the next Spring & thought he joined the Army at White Plains & remained in the service until the following Winter - This I think ought
over

to be satisfactory in regard to the six months service in 1877 -
Mrs. McVittie is very anxious to know the result of her application. It is now 15 months since she made her application, and more than two, since Mr. Wilson's off- was sent to you -
Your immediate atten- tion is requested by Yr. ob. serv-
Admiral Ely
J. L. Edward Esq. Secy of Penins Washington

1013 Jan 22. N.Y. C. D. C. P. B. v Patty Mcnitt
L. S. Edwards Esq Com. of Pensions Washington

Watertown New York Jan'y. 15. 1838
Sir
I enclose herewith the affidavit of Noah Wilson which I trust will be satisfactory inasmuch as it goes to the date of the marriage of Patty (widow of John McVitt) - In your letter of 20 th March 1837 on this case you say "that on an examination of the papers of the claimant's husband he was allowed a pension for more than the evidence now in the (Department) will justify. In 1777 it was alleged that he served six months in Capt Stewarts Company, that term was inadvertently admitted as six months."
The evidence of Mr Wilson herewith submitted shows that the said John McVitt was married 14 Sep 1777 & the next spring went into the service of the U. States & continued therein until the next winter. As this is the time objected to as allowed without evidence I trust the objection will now be removed & Mrs. McVitt receive the same pension, which was allowed her husband. As this case has been delayed a long time I ask for your immediate attention to it.
Yr ob. Servt
J. L. Edwards Esq
Admiral Ely

Room 42 July 178
183
Adnel Bly Esq Walton Jefferson Co N. York

Roxbury July 13 th 1837
Sir
Your letter of the 25 th June was received the 4 th Inst, in which you request a copy of certain Records supposed to be in the Town Clerk's office — The Town of Roxbury was incorporated in the year 1785, previous to that it was called Mansfield, Nathan Foster was chosen the first Town Clerk who held the office two years, from that time until 1809 that office was held by several persons, all of whom have been dead several years, I was chosen Town Clerk in 1809, and have held that office ever since eight then years —
There never has come in to my hands any Records previous to the Incorporation of the Town, and I know of none in existence, I understand by some of our aged Inhabitants that it is supposed there were records of the 'plantation of Mansfield' and that they went into the hands of Nathan Foster the first Town Clerk but what ever became of them no one knows, he removed from here thirty years ago I believe to Roxford NY & has been dead twenty years or more — whether he destroyed them or carried them off is not known —
I have conversed with the senior Inhabitants that resided here at the time you refer to they mention John M c Witt & his wife & suppose they were married about that time but have found no one who saw them married nor could testify to any thing which would be of service —

Any service which I could render to enable the widow to obtain a pension would be cheerfully performed Respectfully Yours &
Solomon Root, Town Clerk of Braintree
Admiral Ely Esq.
I enclose the B. Bill as I have been to no expense

Mar 14
L. L. Edwards Esq
Commission of Pensions
Washington

Watertown March 6 1837
Sir
On the 24 th December last I sent you the declaration of Mrs Patty Mc Kitt for a Pension in case the act of July 1836
She is very desirous that her case should be decided
Yr obed serv Admiral Ely
J. L. Edwards Esq Washington

Watrous Dec. 24. 1836
Sir
Hewith you will receive the application of Mrs. Patty M c Witt of Champion Ldg. Co. N. York for a pension under the act of July 1836 with the proof of marriage and of service by her deceased husband after her marriage. He was a pensioner under the act of June 4. 1832 - and his Pension Certificate returned to the Agency office soon after his death - She refers to the evidence given on his application for a pension in your office in order to ascertain the amount of his service -
Yr obed Servt
Harriet Ely
Hon J L Edwards Com r of Pensions

V 1913 Mrs. Patty McKim Admiral Ely Watertown N. York Agent
Admitted Private no 7 & 24 aug 1
Pursuant to communc 13. April 1835
A. Ely Esq Watertown New York

State of New York Jefferson County
Personally appeared before the Subscriber first Judge of Jefferson Common Pleas Noah McVitt of Champion to me well known to be a credible person who being sworn according to Law doth depose and say, that he was well acquainted with John McVitt of Champion & his wife - that the said John McVitt was a pensioner of the United States under the act of June 1832 and that the said John McVitt died on the 13 th day of April 1835 and that his said wife still lives in Champi- on and has remained the widow of the said John McVitt ever since his death. Sworn and subscribed to the 20 th day of December 1836 before me
Noah McVitt
Calvin M c Knight first Judge of Jeff. County Courts
State of New York Jefferson County
I, Henry Burchard Clerk of said County do hereby certify that Calvin M c Knight Esquire, whose name is subscri- bed to the above affidavit and before whom the same was sworn to before me, was at the date of the same first Judge of Jefferson County Courts Commissioned and sworn and duly authorized to take the same, and further that I am well acquainted with the hand writing of said Judge, and may be- lieve the signature to the same is genuine. Given un- der my hand and seal office this twenty fourth day of

December in the year of our Lord Eighteen hundred and thirty six
F. P. Marchand (clerk)

RECORD DIVISION.
Department of the Interior, BUREAU OF PENSIONS.
Briefed by L. D. L.
Claim No. _____
Certificate No. _____
Claimant _____
Soldier John McWitt
Service Mass.
Additional Service Rev. War
No _____ claim, State records _____, 190_____
No claim, combination records _____, 190_____
REMARKS:
No claim except W. # 16355

per Ear 305 S. Holden St.
Warrensburg, Mo.
July 28, 1909.
Pension Office
Washington, D.C.
Sir:- Please give me the Revolutionary War record of John McNeill who enlisted in a

Massachusetts company. He after wards lived in New York. He was a "minute man".
Mrs. O. L. Houts

Aug 4. 1912
Pension Dept., Washington D. C.
Dear Sirs
Can you please give me information and dates of enlist- ment also place of birth of one John McNutt, McNutt or McKnight , who enlisted

from the state of Mass., and was in the Revolutionary war. He died 1835 at Champion. Jefferson Co., New York, and was a pensioner. His wife Patty Wilson McKitt drew the pension until her death in 1848. I wish this

information to complete the records for the D. A. R. Society.
Very truly yours.
Mrs W. F. Carpenter, Governor,
83 Clinton St., N.Y.