Revolutionary War Pension and Bounty Land Warrant Application File R. 1220, John Brittain, N.C.

SERVICE
N 6
Brittain, John Mary
NUMBER
R 1220
CONTENTS
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State of North Carolina
On this 26 th day of March, in the year 1852 personally appeared before Ormond Cherry a Justice of the Peace in and for the County of Pitt in the State aforesaid Mary Brittain a resident of the County of Pitt and State of North Carolina aged eighty eight years, who being first duly sworn according to law doth on her oath make the following declaration in order to obtain the benefits of the provision made by the act of Congress passed on the 3 rd of March 1843 granting pensions to widows of persons who served during the Revolutionary War. That she is the widow of John Brittain who was a Revolutionary Soldier: but she cannot state the Regiment or Corps to which he belonged except what appears, by the accompanying proofs and certificate: That she was married to the said John Brittain about the year One thousand seven hundred and eighty six, certainly before the year One thousand seven hundred and ninety and she cannot state the time with more precision because the record of me was made of the marriage has been destroyed or lost: That her husband the aforesaid John Brittain died about the year One thousand eight hundred and twenty eight she cannot state the precise time as she has no record thereof: and that she has remained a widow ever since that period as will more fully appear by reference to the proofs hereto annexed: and that she has never received any pension.
Sworn to and subscribed before me on the day and year first above written and I hereby certify that I am personally acquainted with the said Mary Brittain, that she is a respectable old lady, quite aged.

and the reputation generally is that she is as old as she says: that she is the widow of John Brittain: that he was a Revolutionary soldier and I believe the facts set forth in her declaration above are correct.
her Mary X Brittain mark.
Ormond Cherry J.P.
State of North Carolina To all to whom these presents shall come
I Henry Sheppard Clerk of the Court of Pleas & Quarter Sessions for the County aforesaid do hereby certify that Ormond Cherry whose genuine sig- nature is appended to the foregoing certificate is and now at the time of executing the same an acting Justice of said Court and is duly authorized to administer oaths &c.
Witness Henry Sheppard Clerk as aforesaid at office in Greenville This 27 th day of March A. D. 1852 H. Sheppard Clerk

State of North Carolina
On this 26 th day of March in the year 1852 personally appeared before me Ormond Cherry a Justice of the Peace in and for the County of Pitt in the State aforesaid George Brittain a resident of the County of Pitt and State of North Carolina aged Seventy five years on 10 th day of June next who being first duly sworn according to law doth on his oath declare and say: that John Brittain formerly of this County was a brother of this Deponent and was born about nineteen years before this Deponent: the said John was born as this Deponent was informed by his parents the same month (June) that this Deponent was born (the day this Deponent cannot state) nineteen years before this Deponent: this Deponent during the Revolutionary war was too young to recollect more but little about it; but he has always heard from the family and the people generally that the said John Brittain served for some time in the Revolutionary War: that the said John after the close of the Revolutionary war some time married Mary Sepons the present Mary Brittain the widow of the said John Brittain: this Deponent cannot state with precision the date of said marriage but by a calculation from the age of the oldest son of the said John Brittain and the Deponent's own age he thinks the marriage took place about the year One thousand seven hundred and eighty six: he is satisfied it took place before the year One thousand seven hundred and ninety: Deponent believes at the said marriage he was between eight and nine years of age: This Deponent was born in Hertford County and so was the said John; after his marriage some time he removed to Pitt County and some time after that this Deponent married and removed to Pitt also and since the said removals this Deponent and the said John have

lived neighbors to each other until the death of the said John which took place as well as this deponent recollects either in the year 1828 or 1829. That the said Mary Brittain is the widow of the said John Brittain and has continued a widow ever since the death of the said John. and that she is about the age of Seventy eighty years according to the best information and belief of this deponent. ( "Seventy" erased and "eighty" interlined before signing )
Sworn to and subscribed before me the day and year first above written and I certify that I am well acquainted with the deponent George Brittain that he is a respectable old gentleman of this County: and I believe the facts he has deposed to are correct.
his George X Brittain mark.
Ormond Cherry J.P.
State of North Carolina } Pitt County — } ss.
I Henry Sheppard Clerk of the Court of Pleas & Quarter Sessions for the County and State aforesaid do hereby certify that Ormond Cherry Esq. whose signature appears to the foregoing affidavits of Mary Brittain and George Brittain is an acting Justice of the Peace in and for the County and State aforesaid duly commissioned and qualified to administer oaths, and that the said signature purporting to be his is genuine.
In witness whereof I have hereunto subscribed my name and affixed the seal of my court and county this 27 th day of March 1852. H. Sheppard Clerk

Acts of July 14, 1862, and March 3, 1873.
1220
RECEIVED
P. O. May V Brittain
Service: _____
Enlisted: _____, 18 .
Discharged: _____, 18 .
Application filed: _____, 18 .
Alleges: _____ ✓ _____
Re-enlisted: _____
Attorney: _____
P. O. _____
_____ Recognized. _____ Contract.
_____ Cert. of Dis. Searched for _____, 18 .

No 3.
Mary Brittain widow of John N.
Asa Briggs 7 July 82 Est. Hon. Ed. Stanley 20 Sept 52 " " " 20 Jan 33
1st July 1838

We the undersigned do hereby certify that we are well acquainted with George Brittain Senior Hill, and Silas Gray, and Samuel Perkins, and they are very Respectable Persons in their neighbourhood and entitled to credit. given under our hands, in the County of Pitt and State of North Carolina the 1 st day of Feb. 1853
By W. H. Perkins B. F. Elam
W. H. Perkins S.P.
Amos Cherry S.P.
The above signature of Mr B. F. Elam is mine; the others I believe to be true signatures Feb: 14 th /53. Ed. Smith

State of North Carolina { Comptroller's Office
I William J. Clarke, Comptroller of Public Accounts in and for the State aforesaid, do hereby certify that, it appears of record in my office, among the payments made by said State to sundry persons for Military services in the Revolutionary War, as follows, to wit:
John Brittain
Book AM, No. 16, page 25. £7 S10 o specie
" No. 90 " 1 £3 S16 o — "
" " 26 " 67 £6 S15 o — "
The following payments to J. Brittain
Book No. 10 page 8 £14 S8 o specie.
" " " 46 £5 S8 o — "
In testimony whereof I have hereunto subscribed my name and affixed my seal of office this 26th. day of March A. D. 1852.
Wm J. Clarke Compt l

108 Hon. Ed. Stanley
Wm Lloyd Hon. Edw. Stanley Washington D.C.

265
Pension Office
Sep 20 1852
Sir
I have the honor to enclose the letter of Esq. Briggs Esq and to inform you that the objection urged against the admission of the claim of Mary Brittain widow of John M c . insofar on the ground that the declaration was  it was made before a Justice of the Peace was improper, — but the objections, that the marriage is not established and that her husband has not been identified with the soldier admitted to have performed service, were well taken — The best possible evidence of marriage, that is Record, must be furnished, or the Office must be satisfied that it can not be furnished. There is no Certificate of the Clerk of the County in which she was married, either to show the date of that event or to show that he has no evidence of it. If there is no family Record of the marriage, there may be a Record of the births of children, which will be re- quired. — When the Office is satisfied that

266 evidence of this grade can not be obtained. Then Parol testimony will be received, but it is not sufficient that the witnesses swear that the marriage took place on a given year. They must show how they recollected the date, now the only witness in this case is confident they were married in '86 because he is about the  age of one of her children is about his own age - and he is 75 years old. This is too vague and uncertain to be received as testimony to fix the date of the marriage - Then the proof of service is not so good, the above witness is the only one introduced, He was not born when the service was performed, and only has has heard it - always said that Mrs Brittain was a soldier of the Revolution. Rep-utation of service is good to corroborate state-ments made by the parties, but where a decla-ration is made so many years after the right to a pension accrues, and then without being able to give the names of any officers, under whom he served or Companies or Reg-iments in which he served, service and simply furnish-ing a Comptroller's Certificate, upon which the declaration is founded, it is necessary that these points be clearly es-tablished, before such a claim can be admitted - (over)

Asa Briggs July 7, 1852

Pension Office 35 July 7 1882
Sir
The informal Declaration of Mary Brittain widow of John of N. C. for the benefit of the act of 3 rd March 1843 has been received and filed. I observe that it was made before a Justice of the Peace. The Department can not consider a declaration so made, unless the applicant is too infirm to appear in open court, and in that case the declaration so made must be approved by a court of Record. She must furnish some Record proof of marriage, she has no family Record, but the clerk of the County in which she was married, probably, can furnish proof as to the date of that event, if he can not, parol testimony will be received, but the witness must show how they recollect when the marriage occurred, she must also # show that she is the widow of the identical John Brittain, who performed the service shown by the comptroller's certificate.
Mrs. Briggs 65 Williamsboro N.C.

Williamston N.C. April 2. 1852
To the Commissioner of Pensions Sir
I herewith transmit the declaration of Mary Brittain for a pension with the affidavit of George Brittain and the certificate of Wm J. Clarke Esq r Comptroller which I suppose will be amply sufficient to procure a pension as desired, I have prepared the papers at the request of Mrs Brittain and as she is a very old lady, that her last days may be made pleasant by the bounty of the Government which she has heretofore declined to ask you will please decide on her application at the earliest day and direct to me at this place
Very respectfully Yr obt servt.
Asa Biggs

AR Dec. 17 1852
Sir You will much oblige me, if you will read this letter & when you have examined the case referred to, inform me what is the condition of it & what more is to be done by the widow referred to obtain the relief wanted.
Please inform me fully that I may transmit your answer to Mr. Brittain - I will thank you to return the enclosed with your answer -
Yours respectfully &
Mr. Heath Censor of Pensions
Ed. F. Smith

HR Feb. 14 th /58
Sir I transmit several papers relating to the claim of Mrs. Brittain for compensation for services of a Rev. Soldier. It is the same case about which I called on you & Mr. Cole, a week or two since.
Please acknowledge the receipt of these & enclosed papers; and at an early day inform me whether this additional testimony is not sufficient to obviate the objections you urged -
Yrs respectfully &
Edw. Stanley
J. E. Heath Esq. Clerk of Pensions

North Carolina Pitt County
Dec the 9 Day 1852
Mr Edward Stanly I take the present opportunity to inform you that I am well and I hope that these lines will find you; in saying the same blessing. Mr Stanly when you were in the of Washington N.C. you remember I went to see you about getting a pension for my grandmother Mary Britton for grandfather John Britton's services in the revolution war and you told me if I would write and remember you of it you would attend to it for me if you will I will satisfy you the reply has been made by Mr Biggs the old lady is very old and kneady and I should be glad you would do the best you can for her, besides we will satisfy you and if that prove false will not anger I want you to write and let me know what proof I shall have to make and instruct me how to proceed I had rather you would urge that on if you can for proof is bad to make that far back I want you to urge it on as fast as possible the old lady is between 85 and 90 on the rise and soon must depart from this earth in the silent tomb and rest in Abraham's for ever and I want her receive the benefits of it if she can while her on earth I want you to send me an once as soon as possible Believe me Mr Stanly to be John W Britton your most sincere friend N.C. Pitt Co Greenville

AN ACT granting a pension to certain [widows of] Revolutionary soldiers.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the widow of any person who served in the War of the Revolution in the manner set forth in the act approved the seventh day of June, eighteen hundred and thirty-two, entitled "An act supplementary to the act for the relief of certain surviving officers and soldiers of the Revolution," and whose widow, in virtue of an act approved the seventh day of July, eighteen hundred and thirty-eight, entitled "An act granting half pay and pensions to certain widows," and an act approved the twenty-third day of August, eighteen hundred and forty-two, amendatory thereof, and a resolution approved the sixteenth day of August, eighteen hundred and forty-two, entitled "A resolution declarative of the Pension Act of July seventh, eighteen hundred and thirty-eight," received, or is entitled to an annuity or pension for the term of five years from the fourth of March, eighteen hundred and thirty-six, shall be entitled to receive the same annuity or pension which she received or is entitled to receive, under said acts or said resolution, or either of them, for and during the further term of one year, from the fourth day of March, eighteen hundred and forty-three, or during such portion of said term as said widow shall survive, subject in all respects, however, to the rules, limitations, and conditions, in and by said acts and resolution made and approved.
Sec. 2. And be it further enacted, That the sum of three hundred and eighty thousand dollars be, and the same is hereby appropriated, out of any money in the Treasury not otherwise appropriated, to pay the annuities or pensions in and by this act granted.
JOHN WHITE,
Speaker of the House of Representatives.
WILLIE P. MANGUM,
President of the Senate pro tempore.
APPROVED 3d. March, 1843.
JOHN TYLER.
PENSION OFFICE,
March 9, 1843.
In order to carry into effect the foregoing Act, the applicant who may claim a pension, must make a declaration under oath before some magistrate in the county where she resides , which declaration must be duly authenticated. The official character and signature of the magistrate must be certified by the proper officer under his seal of office, and the magistrate must certify that the declarant is personally known to him.
J. L. EDWARDS,
Commissioner of Pensions.
DECLARATION.
In order to obtain the benefits of the Act of Congress of the 3d March, 1843, granting pensions for one year to certain widows who have received pensions under the act of July 7, 1838.
State [Territory or District] } ss. of } On this
_____ day of _____ personally appeared before the _____ of the
A. B., a resident of _____ in the county of _____
aged _____ years, who being first duly sworn, according to law, doth on her oath, make the following declaration, in order to obtain the benefits of the provision made by the act of Congress, passed on the 3d March, 1843, granting pensions to widows of persons who served during the Revolutionary war.
That she is the widow of _____ who was a [here insert the rank the husband held in the army, navy or militia, as the case may be, and the regiment, corps or vessel in which he served, and the annual amount of the pension which she received under the act of July 7, 1838.]
She further declares that she is still a widow.
Sworn to and subscribed on the day and year above written before
Many persons make enquiries as to the provisions of the acts of 1832, 1838, and 1842, above referred to; long letters are written and numerous questions are propounded, most of which are unnecessary. One answer is sufficient for all such enquiries; and it is simply this:—If the widow has obtained the benefits of the law of July 7, 1838, she is entitled to the provisions of the law of March 3, 1843, and not otherwise.
The marriage of the widow after the death of the husband for whose services she claims, is no bar to her claim under the law of 1838, provided she is a widow when she makes application for the pension; and notwithstanding the husband may have drawn a pension after the 7th July, 1838, she may also draw a pension under the law passed on that day, provided she was married before 1794. No widow is entitled to the benefits of the acts providing for the widows of Revolutionary officers and soldiers, if the husband did not serve at least six months. Two years service entitles the claimant to the maximum allowance, and six months service to the minimum allowance.

State of South Carolina Pitt county Personally appeared before me Sibella Gray and after being duly sworn on the Holy Evangelist of Almighty God deposed and saith that agreeably to the record of her age that she was eighty one last march and that she has been acquainted with John Brittain and his wife Mary from the year ninety one she knows those parties by the birth of one of her children born in that date and Mrs Brittain having twins children the same year she does not know any thing of their marriage as Mrs Brittain and wife moved to this neighborhood about that time though always recognized by the neighbours as man and wife
Taken and subscribed before me Sibella his Gray in the said county of Pitt the 1 st day of February 1853 W. H. Perkins J. P. etc
State of North Carolina Pitt County } I Henry Sheppard Certify that the Court of Pleas & Quarter Sessions for the county aforesaid do hereby certify that W. H. Perkins whose genuine signature is appended to the foregoing affidavit is and was at the time of executing the same an acting Justicial of said Court duly qualified and authorized to admin- ister oaths Given under my hand & Seal of Office at Greenville this 9 th day of February A D 1853 W. H. Sheppard Clerk

state of North Carolina Pitt County
Personally appeared before me Benj. F. Eborn one of the justices of the Peace in and for said County of Pitt. Samuel Perkins and after being duly sworn on the Holy evangelist of Almighty God, deposeth Saith, that agreeable to the record of his age he will be seventy Three Years old the 2 nd day of Feby 1853. and have been acquainted with John Brittain and his Wife Mary. the said Brittain moved into the neighbourhood of My Father when I was quite a small boy. I dont know any thing of their Marriage but they were always recognised as Man and Wife in the neighbourhood till the death of said Brittain which was in the Year 1827. or in 1828. I have heard said John Brittain frequently speak of being in the Revolution war but do not recollect of hearing him speak of the officers he was under
Taken before me in said County of Pitt the 1 st day of Feby 1853. and subscribed
Benj. F. Eborn
L. Perkins
State of North Carolina,
Pitt County I, Henry Sheppard Clerk of the Court of Pleas & Quarter Sessions for the county aforesaid, do hereby certify that Benj. F. Eborn whose genuine signature is subscribed to the foregoing affidavit is and was at the time of executing the same an acting Justice of said County, duly qualified and authorized to administer oaths Given under my hand Seal of Office at Greenville this 9 th day of February A D 1853
H. Sheppard Clerk

State of North Carolina Pitt County
Personally appeared before me Benjamin L. Elborn one of the Justices of the Peace in and for said County Mrs. Honor Hill and after being duly sworn on the Holy Evangelist of Almighty God, deposeth and saith, that agreeably to the record of her age that she was sixty seven Years old last June, and that she was well acquainted with John Britton and his wife Mary. I do not know any thing about their Marriage, but they lived in the neighborhood of my Father and they were always recognised by the neighbours as far back as I can recollect as Man and Wife. I have frequently heard my Father Christopher Crandall and the said John Britton speak of being soldiers in the revolutionary war but does not recollect of hearing them speak of the officers that they were under Further this deponent saith
Taken and subscribed before me in the said County of Pitt Feb. 1 st . 1853.
Benjamin L. Elborn
his Honor Hill mark
State of North Carolina
Pitt County
3 L Henry Sheppard Clerk
of the Court of Pleas & Quarter Sessions for the County aforesaid do hereby certify that Benj L. Elborn whose genuine signature is appended to the foregoing affidavit is and was at the time of executing the same an acting Justice of the Peace and his acts are entitled to credit as such,
Given under my hand & Seal of Office at Greenville this 4 th day of February A D 1853
H. Sheppard Clerk

State of North Carolina Pitt County
Personally appeared before me Benjamin T. Eborn one of the justices of the Peace in and for said County. George Brittain and after being duly sworn on the Holy Evangelist of Almighty God, deposes and saith, that agreeably to the record of his age he was twenty five Years old last June, and that he has seen the Family Bible of John Brittain in which the said John Brittain recorded the Births of his children, the following are the dates of the Birth of a part of his children viz. Cullen Brittain born November 25, 1787. James and John Brittain (twins) born May 15, 1791. Miles Brittain born August 1, 1793. That he was John Brittain's Brother, and was well acquainted with his said Brother John Brittain hand writing, and that the record of the Births of his children were in his own hand writing.
Taken and subscribed before me in the said County of Pitt the 1 st day of Feby 1853.
Benj. T. Eborn J.P.
George Brittain
State of North Carolina
Pitt County } To Henry Sheppard Clerk of the Court of Pleas & Quarter Sessions for the County aforesaid do hereby certify that Benj. T. Eborn whose genuine signature is appended to the foregoing affidavit is and was at the time of executing the same an acting Justice of said Court duly authorized and empowered to administer oaths.
Given under my hand Seal & Office at Greenville this 9 th day of February A D 1853
H. Sheppard Clerk

HR [Signature]
J. E. Heath Esq
Council of Pension
Windsor Building
Mr Britton
Mr Cole will please Mr ingines of the British make claim for Restoration 2

Washington 20 Jan/53
Sir,
My constituent Mr Britton visits Washington City, to ascertain when he may expect action on the case of Mrs Britton now pending before you. He is not a man learned in the transaction of such business. I request therefore that you would do me the favor to enable him Britton at an early day to learn whether his presence here is necessary, & when he may hope for an answer & what if anything he can do while here to aid you in the in —

verj'ation of the case —
I will call soon & see you
relative to this matter —
Yours respectfully &
Edt. Smith
Jan. 5. 1883
Consumers of Pearls
Winder Building

Case of Mrs Brittain Report to John W Brittain Greenville Pitt Co N.C.

Hon E. Stanley Jan. 4 th 1853

162 Pension Office January 20, 1853
Sir,
Agreeably to your request, I enclose herewith, a copy of my letter of the 20 th Dec r last, relating to the claim of Mary Brittain, widow of John Brittain, for a revolutionary pension.
Until the evidence required by this letter is furnished, no farther action can be taken in the premises.
Wm E. Stanley W of R
Rev