Revolutionary War Pension and Bounty Land Warrant Application File S. 10116, John Chittam, N.C.

SERVICE
NUMBER
16
Whittam, John or Whittim
S 10116
Carded
CONTENTS

North Carolina Act 30. April, 1816.
Dead. See letters to Aug. 27. 1829. & Sep
John Chittim
Pseud. John Chittam
Militia - Battle of Kings Mountain. and Oct 25th
Revolutionary War. N.C.
Disability certif. - vague.
Testimony date of, Jan'y 27 th 1815.
Enquiry of some of the North Carolina Delegation of degree of disability -
\frac{3}{4} of a Pension
allowed commencing
on 1 st Jan'y.
1815 - 8 Apr. 1816.

Original Claim.
UNITED STATES.
North Carolina DISTRICT, Ss.
Exhibit A
I, Henry Potter Judge of the DISTRICT COURT of the United States of America for the North Carolina District, BY AUTHORITY of an act of Congress, passed the 25th day of April, 1812, entitled, "An Act to revive and continue in force an Act to provide for persons who were disabled by known wounds received in the Revolutionary War, and for other purposes," —DO HEREBY ESPECIALLY AUTHORISE AND COMMISSION
William Wilson of the county of Lincoln and District of North Carolina aforesaid to take all evidence pursuant to the rules and regulations of the said act for substantiating the claim of John Chittim of the town of Lincoln County aforesaid in the county of _____ and district of North Carolina aforesaid to be placed on the Pension List of the United States by reason of known wounds received in said war, or since, (as prescribed in the 4th section of "an Act concerning invalid pensioners," passed the 25th of April, 1808,)—while in the actual service of the United States, and in the line of his duty. And when the same shall be completed, to return the evidence, affidavits, certificates and proceedings had hereupon, together with this commission, to the Secretary for the Department of War.
Given under my hand and seal at Raleigh the first day of December in the year one thousand eight hundred and fourteen .
H. Potter D.M.S. etc.

Increase of Pension.
UNITED STATES.
DISTRICT, Ss.
To Doctor
of
and Doctor
of
in
said District.
Pursuant to an Act of Congress of the United States, passed the 25th of April, 1812, entitled "An Act to revive and continue in force an act to provide for persons who were disabled by known wounds received in the Revolutionary War, and for other purposes"—You are hereby appointed and authorised to examine
who is
inscribed on the Pension List of the United States, and is claimant for an increase of pension conformably to the 5th section of the act of the 10th of April, 1806, revived as aforesaid; and you are to report in writing and on oath or affirmation your opinion of the nature of his disability and in what degree it prevents him from obtaining a subsistence by manual labor; and in your proceedings in the premises you are to be regulated and governed by said act.
Given under my hand and seal at
this
day of
in the year one thousand eight hundred and

McCuting.

State of North Carolina Lincoln County } John Chittim claimant for a pension in consequence of a wound Received from the common enemy during the Revolutionary War
In pursuance of the annexed commission I have proceeded to take evidence as therein directed, being as follows (Viz) Colonel Frederick Hambright Deposeeth and saith that he commanded a Regiment of Militia in the American Army at the Battle on Kings Mountain the seventh day of October 1780. where Colonel Ferguson was defeated, that the aforesaid John Chittim was a Soldier in said Regiment and that he then and there received a Gunshot Wound from the common Enemy that the Ball entered his right Breast and came out near the point of the Shoulder blade; and further said Deponent saith that said Regiment was not enrolled for any particular time, but had been raised for the purpose of opposing the said Colonel Ferguson and his Majesties forces — and further said Deponent saith not
Sworn to and Subscribed before me this 27 th day of January A.D. 1875
Frederick Hambright Col
W. H. Wilson Commr.
Doctor William Maclean doth hereby certify that he saw the said John Chittim on the Battle ground at Kings Mountain the next morning after the Battle in his wound which he then and there received in the Battle where Colonel Ferguson was defeated and that the said Chittims wound was a Gunshot Wound and that the Ball Penetrated the Breast between the Superior and second rib on the right side of the thorax at the most convex part fracturing each of the bones a little, and passing out behind the Shoulder through the Scapula near the inferior angle — (Turn over)

and that he attended the said Chittim as a Surgeon chiefly during his recovery, and has known and attended to him ever since that he then did live, and ever since has continued to reside in the County of Lincoln and State of North Carolina that his Occupation is that of a Farmer, and that he has been by his wounds disabled from hard labour and of late years from almost all labour being confined to bed for three or four months in each year in consequence of a Defluxion of humors upon his Lungs from the wound there received; and further the said Deponent doth testify that the said John Chittim was disabled by the said described wound from performing Military duty from that time during the revolutionary war
Sworn to & Subscribed before me this 27 th day of January AD 1815
W m McLear D r
W m F. Wilson Comm ee
John Chittim The claimant on Oath saith that the reason why he did not sooner apply for a pension was, that after his wound was cured he was in hopes it would never again trouble him and that he was much disposed to endeavour to support himself without a pension, that he sometimes had it in view to make Application but never until now had an Opportunity which enabled him to effect his purpose, and that his sufferings of late years have been so great, and his expense considerable, that he is compelled now to apply to his country for Assistance. And further said Deponent saith that he is not now, nor ever has been on the pension list of any State
Sworn to and Subscribed before me this 27 th day of January AD 1815
John Chittim
W m F. Wilson Comm ee

State of North Carolina Lincoln County
I William S. Wilson do hereby certify
That the foregoing Testimony was closed before me on the 27 th day of January A.D. 1815. That all the witnesses therein named are persons whose testimony is intitled to full credit
And also that the said Doctor William Maclean is a Physician of extensive practice and highly Reputable in his profession
Given Under my hand this 27 th day of January A.D. 1815.
W. S. Wilson
It is my Opinion and the Opinion I believe of all who are acquainted with Mr. Chittims case that considering the great degree of disability that he labours under, the sufferings and expense he has sustained, that back pay should of right be allowed him, or a very liberal allowance for the time to come
Jany 27 th 1815
W. S. Wilson

RULES AND REGULATIONS
FOR
SUBSTANTIATING CLAIMS TO A PENSION.
Vid.  "An act to provide for Persons who were disabled by known wounds received in the revolutionary war," passed the 10th of April, 1806, revived and continued in force for six years longer, by an Act of the 25th of April, 1812.
"Sec. 2.  And be it further enacted, That in substantiating such claim, the following rules and regulations shall be complied with; that is to say: all evidence shall be taken on oath or affirmation, before the Judge of the District, or one of the Judges of the Territory in which such claimant resides, or before some person specially authorised by commission from said Judge.
"Decisive DISABILITY, the effect of a known wound or wounds, received while in the actual service and line of duty against the common enemy, during the Revolutionary War, must be proved by the affidavit of the commanding officer of the regiment, corps, company, ship, vessel or craft, in which such claimant served; or of two other credible witnesses to the same effect, setting forth the time when, and place where, such known wound or wounds were received—and particularly describing the same.
"The nature of such DISABILITY, and in what degree it prevents the claimant from obtaining his subsistence, must be proved by the affidavit of some reputable Physician or Surgeon , stating his opinion either from his own knowledge and acquaintance with the claimant, or from an examination of such claimant on oath or affirmation, which when necessary for that purpose, shall be administered to said claimant by said Judge or Commissioner. And the said Physician or Surgeon, in his affidavit, shall particularly describe the wound or wounds from whence the disability appears to be derived.*
"Every claimant must prove, by at least one credible witness, that he continued in service during the whole time for which he was detached, or for which he engaged, unless he was discharged, or left the service in consequence of some derangement of the army, or in consequence of his disability resigned his commission; or was after his disability in captivity or on parole, until the close of the Revolutionary War. And in the same manner must prove his mode of life and employment since he left the service, and the place or places where he has since resided, and his place of residence at the time of taking such testimony.
* RESOLVED,  by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary for the Department of War, return to the respective District Judges, the names of all such persons, as have been transmitted to him by the several District Judges pursuant to the Act for the Regulation of Claims to Invalid Pensions, and in whose cases the examining physicians have neglected to specify the ratio of disability; together with such defective returns of physicians. And the said District Judges, respectively, shall forthwith cause the examining physicians to specify the several rates of disability which have been so neglected; or, in case of sickness, death, or removal of one or both such physicians, to make new appointments, and cause the several rates of disability to be specified, and by the said physicians returned to them as soon as may be; of which they shall make return to the Secretary of War, &c. &c. &c.
Vid.  Law of the 18th April, 1796.—Laws of the U. S. Vol. 3, page 374.

"Every claimant shall by his affidavit give satisfactory reasons why he did not make application for a pension before, and that he is not on the pension list of any state ; and the Judge or Commissioner shall certify in writing, his opinion of the credibility of the witnesses , whose affidavits he shall take, in all those cases, where by this act it is said the proof shall be made by a credible witness or witnesses. And also, that the examining Physician or Surgeon is reputable in his profession ."
"SEC. 3. And be it further enacted , That the said Judge of the District, or person by him commissioned as aforesaid, shall transmit a list of such claims, accompanied by the evidence, affidavits, certificates and proceedings had thereon in pursuance of this act, noting particularly the day on which the testimony was closed before him , to the Secretary for the Department of War," &c. &c. &c.—"And it shall be the duty of the Judge or Commissioner aforesaid, to permit each claimant to take a transcript of the evidence and proceedings and respecting his claim, if he shall desire it, and to certify the same to be correct."
"SEC. 5. And be it further enacted , That an increase of pension may be allowed to persons already placed upon the Pension List of the United States, for disabilities caused by known wounds received during the Revolutionary War, in all cases where justice shall require the same: Provided , That the increase, when added to the pension formerly received, shall in no case exceed a full pension."
"Every invalid making application for this purpose, shall be examined by two reputable Physicians or Surgeons, to be authorised by commission from the Judge of the district where such invalid resides; who shall report in writing, on oath or affirmation, their opinion of the nature of the applicant's disability, and in what degree it prevents him from obtaining a subsistence by manual labor , which report shall be transmitted by said Physicians or Surgeons, to the Secretary for the Department of War," &c. &c. &c.
Extract from an Act of Congress of the 25th of April, 1808, entitled "An Act concerning Invalid Pensioners."
"SEC. 4. And be it further enacted , That any officer, non-commissioned officer, musician or private, who has been wounded or disabled since the Revolutionary War, while in the line of his duty, in the actual service of the United States, whether he belong to the Military Establishment or to the Militia, or any volunteer corps, called into service under the authority of the United States, may be placed on the Pension List of the United States, at such rate of compensation, and under such regulations as are prescribed by the act, entitled "An Act to provide for persons who were disabled by know wounds received in the Revolutionary War," passed April the tenth, one thousand eight hundred and six."

John Chittum Inv d N. 6 o to what time and at what rate last paid
Q o — Paid to September 1817. no evidence of a transfer. — p o at 6 o 11 d

Reuben
10116
✓ INVALID.
Ans. Oct. 25: 96
File No. 10.116
John Chittam
John Chittam
Dis. New War.
Act: _____
Index:—Vol. 1 , Page 65
[Arrangement of 1870.]