Revolutionary War Pension and Bounty Land Warrant Application File R. 5059, Thomas Hitchings, Mass.

SERVICE
NUMBER _____
Mass.
Witchings, Thomas Ruth
Pl. 5059
CONTENTS

15.089 Massachusetts
Thomas Hitchings
of Saugus in the State of Massachusetts who was a Private in the Company commanded by Captain Hooker of the Regt commanded by Col. Putnam in the Mass line for 7 mos & 16 days
Copies made
72 Eper
Inscribed on the Roll of Massachusetts at the rate of 24 Dollars — Cents per annum to commence on the 14th day of March, 1831.
Certificate of Pension issued the 25 day of May 1833 and Nat Jenijn Mortico Solano Mass
Arrears to the 14th of March 1833 $48.00 Semi-ant. allowance ending 4 Sept " 12.10 $60.10
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded by W. H. Atkinson Clerk. Book 6 Vol. 2 d Page 39

BRIEF in the case of Thomas Wetherings  of Lancaster in the State of Massachusetts  (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? 70 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.     Act. 6 In 1779 — 1 16 Private Gen. Washington Col. Greenleaf   June 1780 5 20 Gen. Howe Col. Pitcairn  
 5. In what battles was he engaged? None  6. Where did he reside when he entered the service? Lynn  7. Is his statement supported by living witnesses, by documentary proof, by traditionary evidence, by incidental evidence, or by the rolls? Rolls —  8. Are the papers defective as to form or authentication? and if so, in what respect? Correct 
I Certify that the foregoing statement and the answers agree with the evidence in the case above mentioned.
Nicholas C. Atha Examining Clerk.
23. 33  67  24. 00

To the Hon. Third Auditor Treasury Department Washington D.C.
Having been duly appointed Attorney for Edward and Rosewell Hitchings of Sargus (formerly Lynn) Essex County, Massachusetts, (Sons of Thomas and Ruth Hitchings) to make application for any arrears of back pay or pension due them on account of the services of their late Father in the Revolutionary War, I would respectfully state that said Thomas Hitchings was a pensioner on the Massachusetts Roll and died February 14 th 1839. His widow Ruth made application for a pension but it was suspended as I understand for want of evidence. She died November 1 st 1843. Having been married previous to the year 1794 as will appear by the accompanying certificate, I would respectfully ask that the Rolls may be examined and that they may receive any amount that may be due them under the pension laws.
Elijah P. Robinson
Attorney
Sargus Center, Mass. March 24 th 1862.

Know all Men by these Presents
That we Roswell Hitchings and Edward Hitchings of Saugus in the county of Essex and Commonwealth of Massachusetts, sons of the late Thomas Hitchings of said Saugus in behalf of ourselves and the other heirs of said Thomas Hitchings have constituted, and do hereby constitute Elijah P. Robinson of said Saugus our attorney irrev- ocable, for us and in our name, to demand and receive from the Govern- ment of the United States any amount of Pension or increase of Pension or back pay that may be due our late Father for service in the Revolutionary War, to give all necessary receipts and discharges

therefor, to appoint an attorney or attorneys under him for said pur- pose; and to do all things in the premises which are or may be necessary.
Witness our hands and seals this twenty fifth day February A.D. 1862
Witnesses
John A. Nicholson Lizzie M. Hitchings
Rowell Hitchings Edward Hitchings
State of Massachusetts.
County of Essex.
Personally appeared the above named Rowell and Edward Hitchings and subscribed and acknowledged the foregoing power of Attorney to be their free act and deed this twenty fifth day of February A.D. 1862.
Geo W. Fairbanks Justice of the Peace

City of Lynn March 22 nd 1869.
The following is a true copy from the Records of the Town of Lynn vol. 5 - page 88 - viz:
"Thomas Hitchings and Ruth Burckstead Both of Lynn was married by Mr. Reobey Jany 10 th 1787."
Attest
Byron H. Jones City Clerk
Commonwealth of Mass. County of Essex } ss.
March 22 nd 1869. Then Byron H. Jones made affirmation that he is the city clerk of the city of Lynn, and that the foregoing is a true copy from the Records of said city - before me J. B. Newhall Just of Peace

The undersigned citizens of Sangus County of Essex Commonwealth of Massachusetts depose and say that they are acquainted with Roswell and Edward Hitchings and know them to be the sons of Thomas and Ruth Hitchings
They further depose and say that they are not interested in the result of the claim made by said Roswell and Edward Hitchings for the back pay and pension due Ruth Hitchings on account of the service of Thomas Hitchings in the War of the Revolution
James Root
Jona Newhall
Commonwealth of Massachusetts Essex ss.
Personally appeared the above named James Root & Jona Newhall and made oath to the truth of the affidavit by them above subscribed this Sixth day of March AD 1862.
Before me Geo W Fairbanks Justice of the Peace

wealth of Massachusetts.
Secretary's Office, Boston, March 28 th 1862
I Hereby Certify, That at the date of the attestation hereto annexed T. D. Newhall and Geo. W. Packard
were Justices of the Peace for the County of Essex in the said Commonwealth, duly commissioned and constituted: and that to their acts and attestations, as such, full faith and credit are and ought to be given, in and out of Court.
In Testimony of which, I have hereunto affixed the SEAL OF THE COMMONWEALTH, the date above written.
Alvan Mason.
Secretary of the Commonwealth.

Eliza P. Robinson Atty. Sayus Centre Mass. March 28 th 1862.
To heirs of his widow, Martha H. respectfully ref d to the Com t of Pensions 3 d Auditor's Off ce March 28 th 1862 a J. ... Auditor
Claim of Edward Rowell. Witlings for arrears of pension d g their father Col d Genl. pensioner Mass. roll -
Rec d March 28 th 1862. Ack d some say pension of Mr. Witlings paid in full to the date of his death The claim of Mrs. Randall

Commonwealth of Massachusetts Secretary's Department.
Boston, March 24 1862.
I hereby certify that the death of Ruth Hitchings (widow) at Saugus Nov-11 th 1843. appears on the return of Benjamin F. Newhall Clerk of Saugus made to this Department for the year ending May 1 st 1844.
Witness the Seal of the Commonwealth hereunto affixed date first above written
Oliver Magney Secretary of the Commonwealth

I Zaccheus N. Stocker Esquire of Saugus in Essex County in Massachu- setts, being duly sworn, do on oath de- clare that I am legal Guardian of Ruth Hitchings of Saugus, a person now compos mentis: - that the said Ruth Hitchings is now living and is the same person whose application for a pension was placed on file in the Pension office in 1839
I pray that a pension may be allowed her under the Acts of July. 7. 1838 and Augt. 23. 1842
Zaccheus N Stocker
Massachusetts Essex ss:
Augt. 12. 1843 Subscribed & sworn to by said Stocker who is well known to me.
Richd. D. Webb. Just. Peace
Augt. 12. 1843 The said Webb is a Justice of the Peace & the above is his signature.
Garritt S. Tilton Clerk.

Declaration
in order to obtain the benefit of the Act of Congress of the 7th July 1838 entitled An Act granting half pay & pensions to certain widows. State of Massachusetts Essex County ss:
On this first day of October 1839 personally appeared before the Honorable Daniel A. White Judge of Probate for the County of Essex, Ruth Hitchings, a resident of Saugus in the County of Essex aged 72 years 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 7, 1838 entitled "An Act granting half pay and pensions to certain widows": That she is the widow of Thomas Hitchings who served as a soldier in the Revolutionary War and was placed on the Pension list Roll of the Massachusetts Agency under Act of 1832
She further declares that she was married to the said Thomas Hitchings on the tenth day of January in the year one hundred eighty seven: that her husband the above named Thomas Hitchings died on the fourteenth day of February 1839: that she was not married to him prior to his leaving the service but the marriage took place previous to the first of January seventeen hun- dred and ninety four viz. at the time above stated.
Ruth Hitchings mark
Sworn to and subscribed on the day and year abovenwritten Before
D. A. White Judge of Probate

Commonwealth of Massachusetts Essex ss. Lynn March 7 th 1839
Extract from the Records. { "Thomas Hitchins and Ruth Burchsted both of Lynn was married by Mr. Roby on the Tenth day of January A.D. one thousand Seven hundred and eighty seven."
I Thomas Bowler Clerk of the Town of Lynn in the County of Essex & Commonwealth of Massachusetts, hereby certify that I have the custody of the Records of said Town, and that the above extract is a true Copy thereof with the exception of the date, which is expressed on the record in fair legible figures as follows.
[January 10. 1787]
Thomas Bowler Town Clerk of Lynn
I Thomas Bowler above named, depose and say that I am Clerk of said Town of Lynn, and that I have the custody of the Records of said Town, and that the foregoing extract from said Records is a true copy thereof, (with the exception above named) as Certified by me.
Thomas Bowler Town Clerk
Sworn before me J on th Little { Justice of the Peace.

I Zacharus W. Stocker & Ruth Stocker, both of Saugus in Massachusetts on oath testify That we were well acquainted with Thomas Hitchings late of Saugus and know that he died there on the fourteenth day of February 1839, and that Ruth Hitchings who is now applying for a Pension is his widow, and she has not been married since his decease.
Zacharus W. Stocker
Ruth Stocker
Eysea/s: Octr. 1. 1839
Then said Zacharus W. Stocker and Ruth Stocker who are credible witnesses made oath that the above affida- vit by them subscribed is true
Before Rev. Merrill
Just. Peace

COMMONWEALTH OF MASSACHUSETTS.
ESSEX, ss.
I, JOHN PRINCE, Clerk of the Court of Common Pleas, within and for the County of Essex, do certify, that Hon. D. A. White is Judge of the Court of Probate within and for said County. That
Benjamin Merrill & John Tuttle Esquires, are Justices of the Peace, within and for said County, and that their signatures hereon are genuine.
WITNESS MY HAND, and the Seal of said Court of Common Pleas,
October 1. A. D. 1839.
John Prince Clerk.

V059
W K 6187
Ruth Hitchings, widow Thomas - Mass.
Act 7 July 1808

1053 Thomas Hitchings
Please address reply to Geo. Merrill Salem

Declaration in order to obtain the benefit of the Act of Congress, passed June 7, 1832.
STATE OF MASSACHUSETTS: COUNTY OF ESSEX, ss.
On this second day of October A. D. 1832, personally appeared in open court, before the HONORABLE DANIEL APPLETON WHITE, Judge of the Court of Probate for the County of Essex aforesaid, now sitting, Thomas Hitchings , a resident of Saugus , in the County of Essex and State of Massachusetts, aged 70 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 in Oct. 1779 at Lynn he voluntarily enlisted and served one month & sixteen days as a Soldier in Capt. Addison Richardson's Company in Col. J. Gerrish's Regiment of Massachusetts Militia and marched to Albany to reinforce the Continental Army and was honorably discharged at Greenbush:
That in June 1780 he at Lynn voluntarily enlisted & served six months in Capt. Hooker's Company in Col. Rufus Putnam's Regiment in the Massachusetts line on the Continental Establishment: he marched first to Head Quarters at Westpoint and then down the North River and was honorably discharged at Westpoint: —
He had a written discharge that he has lost it: he has no record of his birth: he was born in Lynn, part of which is now called Saugus: and has always resided there: he is known to Abijah Green Esq. & other citizens of Saugus: he was born in 1762: —

Commonwealth of Massachusetts.
Secretary's Office, Aug. 16 1832.
I hereby Certify, That, from an examination of the Books and Documents, relating to Military Services in the War of the Revolution, which remain in this Department, it appears that the name of Thomas Fitchins is borne on a roll of Capt. Addison Richardson's Company, in Col. Jacob Gerrish's Regiment, as a reinforcement to the Continental Army — and he is therein stated to have served one month, sixteen days from Oct. 16. 1779.
Also on a roll of the six months men for the Town of Lynn raised to reinforce the Continental Army in 1780 — on which he is stated to have served five months & twenty days from June 27. 1780 — Edward D. Farnsley

And the said Court hereby declares its opinion, after the investigation of the matter, and after putting the interrogatories prescribed by the War Department, that the abovenamed applicant was a Revolutionary Soldier, and served as he states. And the Court further certifies that  who has signed the preceding  Certificate, is a Clergyman resident in  and that the said  who  has also signed the same is a Magistrate resident at  and is a credible person and that  their statement is entitled to credit.
D. D. Smith Judge of Probate.
I, NATHANIEL LORD Junior, Register of the Court of Probate for the County of Essex aforesaid, do hereby certify that the foregoing contains the original proceedings of the said Court in the matter of the application of Thomas Hitchings for a pension.
IN TESTIMONY WHEREOF I have hereunto set my hand and seal of office this second day of October , A. D. 1832.
Nath. Lord Jr.

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. Thos. H. H. H.
Sworn to and subscribed the day and year aforesaid
Dr. A. White
JUDGE OF PROBATE.
We, [Signature] a clergyman, residing in [Signature] aforesaid, and [Signature] Esquire, a magistrate, residing in [Signature] aforesaid, do hereby certify that we are well acquainted with [Signature] who has subscribed and sworn to the above declaration; that we believe him to be [Signature] 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.
Subscribed and sworn to before

Saugus Center Mass. April 26 th 1862
Sir
I had the honor to address a letter to you the first of the current month in relation to the application which I made as Attorney for Roswell and Edward Hitchings, heirs of Thomas & Ruth Hitchings, to which I have received no reply. The vouchers in the case were transferred to your Department by the Third Auditor as he informed me by letter some time in March.
Will you have the kindness to have the examination made and adjudicated upon as soon as practicable and oblige
Yours Respectfully
To
C. P. Robinson
Hon Joseph H. Barrett Commissioner of Pensions Washington D. C.

Salem, Mass'tts, Aug t 15, 1843
James D. Edwards Esq e Com r Pension, Sir,
I inclose the Applications of Widows
1. Sally Mann, 2. Mary Thompson, 3. Ruth Hitchings by leg l Guardian.
The application of the latter, made after the decease of her husband, is on file, with the proofs.
I am very respectfully Y r Ob t Serv t
James Merrill
35 27 9

Hutchins

Salem, mass s , Oct. 2, 1837
James L. Edwards Esq r . Comr.
Sir,
I send herewith the application of Mrs Ruth, widow of Tho s Hitchings dec d .
Please reply to
Yours obed t Serv t .
Br d Merrill

Seagus Center Mass. May 24 th 1862
Sir
Sometime in March of the current year I forwarded to the Third Auditor papers and vouchers in the case of Ruth Hitchings and was informed by him that they were handed over to your Department with whom I was to correspond touching the application in question. I have since written twice to your Department and have received no answer.
Will you have the goodness to inform me if my application as attorney for the heirs of Thomas and Ruth Hitchings is on file and what progress has been made;
To Hon. Jos. H. Barrett Commissioner Pensions Washington D.C.
Respectfully yours Elijah P. Robinson Attorney for heirs Thomas & Ruth Hitchings

Mr. Drury, Rev. Co.
Ruth Helchings
Not on Reef
Wid. of Thomas - Maf - sus 38
E. B. Robenson - Maf -

Saugus Center Mass.
Aug. 22, 1862
Sir
Pardon me for again calling attention to the case of Ruth Hitchings. I received a letter from your Department May 27 th saying it would shortly be acted upon and reported to me. Trusting it may receive your attention speedily I remain,
Respectfully Your Ob. Serv.
Elijah P. Robinson.
To Hon. Jas. H. Barrett, Commissioner of Pensions Washington. D.C.

Sturges Center Mass. April 1 st 1862
Sir
I received a letter from the Third Auditor March 28 th informing me that he had passed over to your Department the application and vouchers which I had forwarded as Attorney for the heirs of Thomas Hitchings and Ruth Hitchings his widow on account of Rev. Services. It appears that Ruth Hitchings made application in 1843 and the case was suspended for want of evidence
It appears to me upon a cursory examination that the act of Cong. passed Feby. 2 d 1848. extends the provisions of the act of July 7 th 1838. to include those widows of Rev. pensioners who were married previous to 1794. Without attempting however to put any construction upon this or any law which may come within your peculiar province to decide upon, I respectfully ask an examination of this case in order that the heirs of said Thomas and Ruth may receive any amount that may be due them under the pension laws.
Respectfully
Elijah P. Robinson Attorney for the Heirs of T. & R. Hitchings
To the Hon. Commissioner of Pensions Washington. D.C.

Senate Chamber
26th Dec 1862.
Sir:
I have the honor to ask your attention to the enclosed letters from E. P. Robinson Esq of Boston, and to ask that his request may receive such consideration as appears to be due to the matter.
You may send to him through me any communication you have to make upon the subject. I am Sir
Your obedient servant
Charles Sumner
The Honorable
The Commissioners of
Pensions

Genl Wm Lee Acting Comr of Pensions
Benjamin Merrick, Esq. Salem, Massachusetts.

War Department, Pension Office,
Novr 25. 1839.
Sir,
The law granting pensions to widows passed July 7. 1838, provides for those only whose husbands died prior to the passage of the act. It appears that Thomas Hitchings died in February 1839. His widow, therefore, Rutha Hitchings, is not entitled under the provisions of the law. Her papers are placed on file.
I am respectfully, Your obt. servt.
G. W. Clegg
Benj m Merrill, Esq. Salem, Massachusetts.

Thomas Hutchings
Private of Mrs H. C. Day Adm'd
Pay n  Merrill Salem Mass

BRIEF objections to the admission of Pension Claims, of which those answered in the negative, in red ink, will apply to the claim of Thomas Hutchings Sargus Wm which require further proof or explanation.
I. Does the declaration show where the applicant resides? x II. Did the declarant make the declaration in the county where he resides? x 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? x 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? x VI. Has he given the names of the officers under whom he served, in conformity with the regulations? x VII. Has he made a relinquishment of every claim to any other pension than the one under the Act of June 7, 1832? x VIII. Has the Court given their opinion? x IX. Has the Clerk given his certificate? x 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? x

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? 111 XII. If the clergyman's affidavit has not been produced, is there any reason assigned for not obtaining it? h u 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? Has the proper officer certified to the official character and signature of the magistrate as the regulations direct? 121 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? XVI. ‡ Are the papers authenticated as the regulations direct? 121 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 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 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 shewn 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.

6187 - Feb 1838 - Mass. Ruth Hitchings, widow of Thomas - Rejected. Let to B. Merrill 25 Nov 1839 - to same Nov Let. to E. P. Robinson Sept 16, 1862. " Mrs Charles Sumner Jan 6, 63 Act 7th July 1838

P. O. _____
Service: _____
Enlisted: _____, 18 .
Discharged: _____, 18 .
Application filed: _____, 18 .
Alleges: _____
Re-enlisted: _____
Attorney: _____
P. O. _____
_____ Recognized. _____ Contract.
_____ Cert. of Dis. Searched for _____, 18 .
REJECTED
5059 P. O. _____ M. H. Hutchings Service: widow of Thomas

BOUNTY LAND WARRANT RECORD CARD*
NAME Hitchins, Caleb GRADE Private LINE Delaware
WARRANT NUMBER 10780 ACREAGE 100 ISSUED April 15, 1799 To not shown
*The information concerning the issuance of warrants carded on this form is found in volumes 2 to 4 of "Land Warrants Issued Prior to 1800" which are registers of bounty land warrants issued to non-commissioned officers and privates under congressional resolutions of September 16, 1776, and subsequent dates. Other records relative to the applications for warrants appear to have been destroyed in the War Department fire of November 9, 1800. Information concerning warrants surrendered to the Federal Government is to be found in General Land Office records in The National Archives.

BOUNTY LAND WARRANT RECORD CARD*
NAME Hitchins, Major GRADE Private LINE Delaware
WARRANT NUMBER 10777 ACREAGE 100 ISSUED April 15, 1799 to not shown
*The information concerning the issuance of warrants carded on this form is found in volumes 2 to 4 of "Land Warrants Issued Prior to 1800" which are registers of bounty land warrants issued to non-commissioned officers and privates under congressional resolutions of September 16, 1776, and subsequent dates. Other records relative to the applications for warrants appear to have been destroyed in the War Department fire of November 9, 1800. Information concerning warrants surrendered to the Federal Government is to be found in General Land Office records in The National Archives.