Revolutionary War Pension and Bounty Land Warrant Application File R. 6001, for John Kitts, New York

SERVICE
NUMBER
New York
Kitts, John
R 6001
CONTENTS

13. 216 John Nils
✓ Declaration

State of New York Lewis County
On this eighteenth day of September in the year of our Lord One thousand eight hundred and thirty two - personally appeared in open court before the Judges of the Court of Common Pleas of the County of Lewis now sitting John Kitts a resident of the Town of Lewisville in the County of Lewis and State of New York aged thirty 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
He entered the service in the year 1775, in the New York Militia as a Corporal and served as such for the three first years of the war that he was then appointed a Sergeant which duty he performed till the end of the war - That he served under Captain Andrew Wimpel in the Regiment commanded by Colonel Frederick Fisher until May, 1780, when Capt. Wimpel deserted to the enemy and Colonel Fisher was wounded and scalped.
That he then served under Minard W. Quackenbush Captain - and Colonel Verdu as Colonel until the close of the war - That he was in actual service at least three or four months in each year though he cannot state the time of entering and leaving the service in each instance as he was called out a number of times every year, for eight years, and he is confident that he served in all not less than two years under the officers above mentioned -
That he served as a volunteer - That the services above mentioned were performed on the Mohawk River in the State of New York.
That he had no documentary evidence to establish his claim -
That he resided at the time of entering

the services above mentioned in the Town of Johnstown Montgomery County New York
He hereby relinquishes every claim whatever 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
John his X Ritts mark
Sworn to & subscribed the day and year aforesaid Carlos Pease Clerk
We John Blodgett a Clergyman residing in the Town of Lowville in the County of Lewis and of the Sacred Plead Ministry Certify that we are well acquainted with John Ritts who has subscribed and sworn to the above declaration that he believes said Ritts to be seventy three years of age that said Ritts is respected and beloved in the neighborhood where he resides to have been a soldier of the Revolution and that he concur in that Opinion -
Sworn to & subscribed the day and year aforesaid Carlos Pease Clerk
John Blodgett Jacob B. [?]
And the said John Blodgett declares his Opinion after the investigation of the matter and after putting the interrogatories presented by the War Department that the above named applicant was a

Revolutionary War and served as the States: and the Court further certifies that it appears to them that John Bodger who has signed the preceding affidavit is a clergyman resident in some town of Louisiana and that Jacob Bochart who has also signed the same is a resident of some town of Louisiana and is a credible person and that this Statement is entitled to credit
I Carlos P. Sevil clerk
of the Court of Common Pleas of the County of Breis do hereby certify that the foregoing contains the original proceedings in the matter of the Application of John Bodger for a Pension
In testimony whereof I have hereunto set my hand & seal of my office this twentieth day of September One thousand eight hundred & thirty two
Carlos P. Sevil Clerk

State of New York
Lewis County - ss. On the Twenty Sixth day of September 1832 before me Charles Reed a Justice of the Peace of the said County personally appeared Abraham Conyne aged Sixty nine years a resident of Lowville Lewis County who being first duty sworn according to law does declare and say that he is well acquainted with John Kitts of Lowville aforesaid and did know him in the time of the Revolutionary War that he believes said Kitts to be Seventy three years of age and that he is known to said Kitts entering the service of the United States in the commence of the War in the New York Militia under Captain Andrew Wempel in a Regiment Com= manded by Colonel Frederick Fisher and that he did duty in said Regt more or less every year as a Cor= poral untill the year 1780, when Cpt. Wempel De= scerted to the Enemy and Col. Fisher was disbanded Scalpt said Kitts then served under Mynard M. Mackin= bush Capt. and Volkerst Veeder Coll. and served as a Sergent in said Regt more or less every year during the war and believe said Kitts served more than two year in said Regt during the war
Abm Conyne
Lewis County ss. I hereby certify that the above named Abraham Conyne to me known as a man of truth and veracity personally appeared before me and made oath to the truth of the above affidavit
Charles Reed Justice in

State of New York
Glens Falls Lewis County
I certify that Dexter Rice esq whose name appears within as a subscriber of the name was on the date mentioned by him as such a subscriber of the name in and for said County dwelling in said County due Commission and sworn and further that I am well acquainted with the hand writing of said Dexter and justly believe the signature Dexter Rice subscribed within to be his own proper hand writing - In testimony whereof I have hereunto set my hand and affixed the Seal of said County this 28 th day of September 1832
Carlos P. Record Clerk

State of New York
Lewis County - ss. On the Twenty Sixth day of September 1832 before me Shaster Reed a Justice of the Peace of the said County personally appeared Abraham Conyne aged Sixty nine years a resident of Lowville Lewis County who being first duty sworn according to law does declare and say that he is well acquainted with John Kitts of Lowville aforesaid and did know him in the time of the Revolutionary War that he believes said Kitts to be Seventy three years of age and that he knows to said Kitts entering the service of the United States in the commencement of the war in the New York Militia under Captain Andrew Wempel in a Regiment Com- manded by Colonel Frederick Fisher and that he did duty in said Regt more or less every year as a cor- poral until the year 1780, when C. Wempel de- serted to the Enemy and Col Fisher was disabled and sculpt said Kitts then served under Mynard W. Dyckman bush Capt and Volkerst Veeder Coll. and served as a Sergent in said Regt more or less every year during the war and believe said Kitts served more than two years in said Regt during the war
Abn Conyne
Lewis County ss. I hereby certify that the above named Abraham Conyne to me known as a man of truth and veracity personally appeared before me and made oath to the truth of the above affidavit
Shaster Reed Justice in

Date of New York
Clerks Office Lewis County
I certify that Thaxter Rice esq whose name appears within as a Justice of the peace was on the date mentioned by me as such a Justice of the peace in and for said County dwelling in said County duly Commissioned and sworn and further that I am well acquainted with the hand writing of said Justice and justly believe the signature Thaxter Rice subscribed within to be his own proper hand writing - In testimony whereof I here hereunto set my hand and affixed the Seal of said County this 28 th day of September 1832
Carlos P. Peck Clerk

State of New York Lewis County 3.11
Personally appeared before me the undersigned a Justice of the Peace of Lewis in said County John Kitts a resident of said town aged Seventy four years in December last 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 at least One year I served in the New York militia as a Corporal
For at least One Year I served in the militia aforesaid as a Sergeant and for such service I claim a pension;
And this deponent further saith that he performed the above service under the following officers. Colonel Robert Under  Fredrick Fisher Captain Andrew Wimpel, Lieutenant Minard M. Luackenbach, Ensign Garret Van Bracklin; until the year 1780. When he served under the following officers Volbert Vreder Colonel, Minard M. Luackenbach Capt., Henry Fonda Lieutenant. John Kitts
I hereby certify that the above named John Kitts personally appeared before me and made oath to the truth of the above affidavit this 9th day of May 1833 and I further certify that I am personally acquainted with the said John Kitts and believe him to be a person of truth and veracity
Orin Nelson Justice Peace

Clerks Office Linn County Ia
I Carlos D. Scott Clerk of said County do hereby certify that Gerrit Walther Esq. whose name appears within as a Justice of the peace was on the day of the date of the within certificate a Justice of the peace in and for said County dwelling in said County duly commissioned and sworn and further that I am well acquainted with the hand writing of said Justice and truly believe that the signature Gerrit Walther hereina- within to be his own proper hand writing Given under my hand and seal of office this 20 th day of May 1833
Carlos D. Scott Clerk

13.279 John Kitts
suspended
5.
P. 359.
29 Apr. 33
L. Knox Lowville N. Y.

BRIEF in the case of  John Kitts  of Lowville in the State of N. York  (Act 7th June, 1832.)
 1. Was the declaration made before a Court or a Judge? open court  2. If before a Judge, does it appear that the applicant is disabled by bodily infirmity?  3. How old is he? 73 years  4. State his service, as directed in the form annexed. 
   Period. Duration of Service. Rank. Names of General and Field Officers under whom he served.   Years, Months, Days. As a Gen.     In 17  Service Not Stated With Sufficient precision to Comprehend its actual extent . alleges that, he is confident he served in all not less than two years   
 5. In what battles was he engaged? None Stated  6. Where did he reside when he entered the service? Johnstown N. York  7. Is his statement supported by living witnesses, by documentary proof, by traditionary evidence, by incidental evidence, or by the rolls? Traditionary evidence, and one living Witness  8. Are the papers defective as to form or authentication? and if so, in what respect? they are duly Authenticated 
I Certify that the foregoing statement and the answers agree with the evidence in the case above mentioned.
W. Gordon Examining Clerk.

July 22, 1937
XXXXXXXXXXXXXXX
Mr. Albert M. Rung 820 North 16th Street Harrisburg, Pennsylvania
JOHN KITTS Revolutionary War BA-J/LMHF:MLB
Dear Sir:
Reference is made to your letter in which you request the Revolutionary War record of Caleb Armitage, and photostatic copies of papers on file in a claim for pension which, you state, was made by one John Kitts who was born in 1762 in Bedford County, Pennsylvania, served in the Revolutionary War, was greeted with cheers by Congress in Washington, D. C., in February, 1870, when he stated that he had never requested a pension but, because of his circumstances at that time, was forced to do so.
There is no claim for pension on file based upon service in the Revolutionary War of a Caleb Armitage, nor is there a claim for pension on file in this office which was made by a John Kitts as described above.
Reference to an old volume which contains a list of private claims presented to the House of Representatives of the United States, from the 32nd to the 41st Congress, inclusive, discloses that one John Kitts presented to the House of Representatives a claim for Revolutionary War pension in the 41st Congress, 2nd and 3rd Sessions, which transactions were recorded on pages 312 and 318 of the House Journal; that the claims were referred to the Committee on Revolutionary War Pensions, number of the Bill 1192, also, that the Committee was "discharged" and the papers "laid on the table". The volume referred to above does not show any subsequent action in the matter.
No papers in the transactions were filed in this office.
Very truly yours
A. D. HILLER Executive Assistant to the Administrator

6001.
P. O.
John Hill
Service: _____
REJECTED
Enlisted: _____, 18
Discharged: _____, 18
Rejected + Suspended Pensions
Application filed: Page 127- _____, 18
Reason for suspension - Details of each term, duration, Alleges: period - grade - localities + officers required:
Re-enlisted: _____
Attorney: _____
P. O. _____
_____ Recognized. _____ Contract.
_____ Cert. of Dis. Searched for _____, 18

13.279

BRIEF objections to the admission of Pension Claims, of which those answered in the negative, in red ink, will apply to the claim of John Kitts which require further proof or explanation.
I. Does the declaration show where the applicant resides? yes II. Did the declarant make the declaration in the county where he resides? yes III. If the applicant did not make the declaration in the county where he resides, is there any reason assigned for his not doing so? IV. Has the declarant mentioned the period or periods of the war when he served? Not definitely V. * Has he mentioned 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? No Date, length, and grade of each term of service, with names of officers under whom rendered required VI. Has he given the names of the officers under whom he served, in conformity with the regulations? No VII. Has he made a relinquishment of every claim to any other pension than the one under the Act of June 7, 1832? yes VIII. Has the Court given their opinion? yes IX. Has the Clerk given his certificate? yes X. Is the Clerk's seal affixed? And if so, has it a device or inscription by which it can be distinguished from any other seal? yes

XI. Has the applicant obtained the evidence of a clergyman and another respectable citizen as to their belief respecting his age and the general belief in his neighborhood relative to his revolutionary service? yes
XII. If the clergyman's affidavit has not been produced, is there any reason assigned for not obtaining it?
XIII. If the applicant has no documentary evidence, and has not obtained the testimony of at least one living witness, has he stated in his declaration that such proof cannot be had?
XIV. † If the applicant's name is not found on the rolls of military service, has he produced a witness or witnesses as to his service?
If he has produced direct proof as to service, has the magistrate who administered the oath, certified to the credibility of the witness or witnesses? Yes
Has the proper officer certified to the official character and signature of the magistrate as the regulations direct? Yes
XV. Does it appear from any of the papers that the witness was in such a situation, or of such an age, as to have a personal knowledge of the applicant's service? yes
XVI. Are the papers authenticated as the regulations direct? yes
XVII. Are the seven interrogatories prescribed by the War Department answered satisfactorily? And, if not, which of them is not so answered?
EXPLANATORY NOTES.
QUERE V. 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 duty 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 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.
QUERE XIV. Proof of Service.
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 claimants 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.
QUERE XVI. 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 paper 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.
In every case where the clerk of the court, or other certifying officer, 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.

New York
Rev. C.
John Kitts suspended
See letter to
L. Knox
9 August '33.
6001
Act of June 1832