Revolutionary War Pension and Bounty Land Warrant Application File R. 11,512, Benjamin Wilber, Mass. Vt.
Page 1

(3 - 1776)
SERVICE
Mass
Vt.

Willber, Benjamin
or 
Willber

NUMBER
R. 11.512

CONTENTS
Page 2

Benjamin Wilber
Act 1832,
N. York

[crossed out "Special
LPN']

[Perfected LPN]

ASL Markland
Page 3

State of New York
County of Cattaraugus
Be it Known that on this 9 day of December A. D. 1852 before me, the undersigned, a Justice of the Peace in and for the County and State aforesaid, personally appeared Church Wilber & Hannah Wilber, residents of Sugartown in said County, and made oath according to law that they are the legal heirs
of Benjamin Wilber who was a Soldier in the war of the Revolution, and who has heretofore made application for the benefit of
the Pension Act of ____.
That they are directly interested as claimants in said pension and makes this affidavit to be filed with such additional evidence or arguments as my Agent may use in prosecuting said claim.
Countermanding and revoking all Power of Attorney, and authority heretofore given, I hereby constitute and appoint C. W. BENNETT, of Washington City, my true and lawful Attorney, to prosecute the claim of Benjamin Wilber for
any amount of Revolutionary Pension, or increase of Pension that may be due; and I hereby authorize my said Attorney to examine all papers or document in relation to said claim on file in the Department at Washington City, or elsewhere, to file additional evidence or arguments, and to receive for my exclusive benefit, the certificate which may be issued for said claim, which certificate I wish made payable at the Washington City D. C. Agency, to appoint one or more substitutes for him for the purposes herein expressed, and to do all things that I might or could do where I personally present. hereby ratifying and confirming all that my said Attorney and Agent shall lawfully do in the premises.

Church Wilber
Hannah Willer

Sworn to, Subscribed and Acknowledged before me the day and year above written, 
 and I hereby certify that I believe the said Church Wilber & Hannah Wilber
to be directly interested in said claim as set forth, and to be the identical party
therein alleged.
George W. Gillet Justice

State of New York
County of Cattaraugus
It is hereby Certified, that satisfactory evidence has been Exhibited before me, Deputy Clerk of the Court of said County that Church Miller & Hannah Miller are the parties who have sworn to, and acknowledge the foregoing declaration and power of attorney are the children of the reputed soldier of aforesaid. I further certify, that George W Gillett, Esq. before whom the preceding affidavit and power of attorney were made and acknowledged, was, at the time of so doing, a Justice of the peace, in and for said county, and that the signature purporting to be his, I believe to be genuine.
In testimony whereof, I have here on to set my hand and fixed my seal of office this 9th day of December 1852
[illegible-Robert?] Dep. Clerk
of the court of said County
(Clerk of Court.)



1. Claimant's name or names in full 2. Post Office address 3. “That he is  identical man”, or "that he or she is the legal heir of the identical man," &c. &c. 4. Leave this line blank. 5. “He is”, “she is “ or “they are” 6. Revolutionary soldier’s full name.  7. Claimant’s Signature. 8. Claimant’s name. 9. Magistrate's signature. 10. ”Identical”, ”widow of," or “child of."-11. Magistrate's name. 12. Clerk's signature.
N. B. Should two or more heirs join in the foregoing, the plural should be substituted for the singular number.
Page 4

State of New York  
Cattaraugus County On this 30th day of January 1834
personally appeared in open Court before
the Judges of the Court of Common Pleas
of said County now sitting Benjamin Wilber a resident
of the town of Ellicottville in the County of Cattaraugus
aforesaid and 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 7th 1832. That he
was born in the town of Little Compton and State of Rhode
Island in the year Seventeen hundred and fifty.
That in the forepart of January 
1775 when residing in the town of Rochester County of 
Plymouth and State of Massachusetts he volunteered as a
private in the Malitia in a company organized and commanded
 by Captain Clap in Colo. Cotton’s Regiment. This
company considered themselves rather a minute men
but were daily drilled expecting every day to be marched
did no labor other than exercise excepting were several
time marched as far as Roxbury and in the vicinity 
of Boston, Massachusetts on alarms but was engaged in
no battles. He was thus employed and continued in
the service at least three months and received no
written discharge.
In December 1776 was drafted for three months as a private in
 Captain Cotton's
Company of Malitia in Colo Sprout’s Regiment, Massachusetts,
then living in Rochester, Massachusetts. He with the Company
were marched to Bristol, Rhode Island and were there employed
in guarding the shores of Bristol and the vicinity, 
where the British were hovering round and were daily
attempting to plunder and carry of the Stock & provenance of
the Country. That he served the full time of three months
& received no written discharge.
In the month of February 1777 when living in Rochester
he was drafted a private in Captain Parker's Company
command by Colo. Sprouts Regiment of Malitia of
Massachusetts and was marched with the Company
Page 5

through Providence to Obdikes Newtown North Kingston
and the neighborhood, in Rhode Island where they were
employed in guarding the shores for two months
and dismissed but had no written discharge, nor
was he in any Battles.
In the fall of 1780 he believes & he thinks in September
 when he lived in Barnard
Windham County Vermont he volunteered with several
others from that town and went to the assistance of
the inhabitants and malitia of Royalton Vermont
(a town adjoining or near Barnard), where the Indians
were committing their depredations on the inhabitants
by murdering or taking them prisoners. And then
served sixteen days but do not recollect what officers
he served under except for Colo. [Sprout] but was himself
 requested to command a company for the time as officers
 were scarce but claims nothing more than a private, as he had no
commission. He had no written discharge.
That he has no documentary evidence of his service
in the Revolutionary Army.  That he has taken every pains
he thought reasonable to find out some person living who
could certify to his service but has not been able to, 
nor does he know of any person living who can
testify to his service in said Army. That he does hereby
relinquish 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. That from
old age and the consequent loss of memory he is
unable to state the precise time of entering or leaving the
service nor all the Officers with whom he was
acquainted in the service but remembers well the
several times he served and the length thereof. That he
was born in Little Compton R I, removed to Rochester,
Massachusetts from thence to Barnard, Vermont
where he has resided since the Revolution untill
he removed to Ellicottville, New York when he now resides.
Page 6

That Daniel Huntly and Elisha Johnston of
Ellicottville my neighbors can testify as to my
character
Benjamin Willber

Subscribed & Sworn in open court before Israel Day a Judge

State of New York
Cattaraugus County ss
 We David Huntly and Elisha Johnston
Residents of the town of Ellicottville County
aforesaid and Sylvester Cowles Minister of the
Gospel in the same place do hereby certify that we are
well acquainted with Benjamin Willber who has
subscribed and sworn to the above declaration. That
we believe him to be Eighty three years of age.  That he is
 a credible person & his statement is entitled to full credit. 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. 
Daniel Huntly 
Elisha Johnson
Sylvester Cowles

Sworn and subscribed this 31 day of January 1834 in
open Court before me
Israel Day a Judge

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
Daniel Huntly & Elisha Johnston who have also signed
the same are residents in the town of Ellicottville and
Sylvester Cowles is a clergyman in said town of
Ellicottville and all of them creditable persons and that 
their statements are entitled to credit.
B Chamberton
Israel Day
Thos J Wheeler
Dan Allen

Judges of said Court of Common Pleas
Page 7

State of New York
Cattaraugus County  I John W Staunton Clerk
of the Court of Common Pleas do
hereby certify that the foregoing
contains the original proceeding
of the said Court in the matter
of the application of Benjamin
Willber for a pension. Witness my
hand and seal of office this 1st day of July 1834 Jn W. Staunton Clk

State of New York  
Cattaraugus County ss
Personally appeared before me the undersigned aJudge of the Court
 of Common Pleas in and for the
County aforesaid Benjamin Willber who being duly sworn deposeth &
saith that in the year 1775 while living in Rochester County of Plymouth and 
State of Massachusetts, he volunteered in the Malitia State troops for three
months under Captain Clap in Colo Cotton’s Regiment. This was when
enemy were expected to Boston Roxbury and the vicinity: That he
was for the three months, every day answering to the roll call and 
and to attend to drilling as continental Soldiers usually do, and did
other business, except when called from that place with the
Company on alarms which were as near as I can remember
as follows being ordered he, with the company went to Roxbury
near Boston where they were gone at least two weeks. Again
soon after was ordered and went with the company to the County
of Boston where he was gone at least 12 days and another time
went with the company and was gone fifteen days in
the county of Boston and Roxbury and we were called out
to go to Boston and started but was ordered back, after five
days absence. This much he is certain he was in actual
service and think he was out some little more but cannot
tell how much therefore cannot state - He further
States he was a private only.
Benjamin Willber

Subscribed and sworn before me this 12th day of May 1834.
Israel Day

State of New York
Cattaraugus County ss
 I John W Staunton Clerk of the court of Common Pleas do hereby
Certify that Israel Day before whom the within affidavit
purports to have been made was at the date of the same a
Judge of the Court of Common Pleas in & for the said County, and that I am well
acquainted with his hand writing and verily believe his name dated
to the above affidavit to be in his own proper hand writing and signature.

Witness my hand and seal of Office this 17th day
May A.D. 1834
John W Staunton Clerk

[vertical text] 
30.440

Please return this to T. J. Williams
Ellicottville P.O. N. Y.
Page 8

New York
Benj Wilber
Revo’y.
Suspended
See let to
T. J. Williams May
28. 1834.
1152
Act 7 June 32
Page 9

[crossed out-”Act of July 3, 1873 and March 3, 1873.”]
REJECTED
11.512 AWD
P. O. 
Benjamin Wilber
Service:
Enlisted:-
Discharged: Aug. 25, 1906
Aug.
Application filed:
Alleges:
Re-enlisted:-
Attorney:-
P. O.

Recognized. 
Contract
Cert. of Dis. 
Searched for
Page 10

30.440
Benjamin Wilber
New York

Return’d

T. J. Williams Esq
Ellicottville
N. York
Page 11

WAR DEPARTMENT,
Pension Office,
18 April 1834
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 subjoined 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 Benjamin Wilber
Duration of the
claimant's service.
Rank of
the
claimant.
Names and rank of the Field officers
under whom he served.
Age at present,
and place of abode
when he entered
the service.
Proof by which the declaration is supported.
I am, respectfully
Your obedient servant,
JAMES L. EDWARDS,
Commissioner of Pensions
The claimant should State have long he was in
Actual Military Service during his first tour.
See Note A.
Page 12

2
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, mucicians 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
and State, Territory or District
of
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, &
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.
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 days 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.
1
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
Page 13

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 the 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.
proof, except the declaration of the party. And the Courts are requested to be very particular in the
inquiry 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.
&
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.
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.
 The age of the claimant must invariably be mentioned.
 The declarant must mention the period or periods of the war when he served.
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 – years
-- 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 yours
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 tiers 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.
The law makes the relinquishment indispensable.
The opinion of the Court is always required.
The Clerk must give his certificate in every case.
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.
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.
The notes from a to i are 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. 
This traditionary evidence is indispensable in militia cases.
If a witness cannot be found, the declarant must state the fact.
The answers to the interrogatories must all be written, and sent to the War Department, with the declaration.