Revolutionary War Pension and Bounty Land Warrant Application File S. 6,373, Joseph Wheeler, Mass. N.H.
Page 1

(3 - 1776)
SERVICE
Mass.
N. H.
Wheeler, Joseph
NUMBER
S. 6.373
carded
CONTENTS
[Blank]
Page 2

Massachusetts 15478

Joseph Wheeler

of Essex in the State of Mass who was a Pri in the Company commanded by Captain Bell of the Regt commanded by Col Gerrish in the N Hamp* line for 6 mos

*N.H. and Mass. June 10, 1914
Records completed [SR?]

Inscribed on the Roll of Massachusetts  at the rate of 20 Dollars -- Cents per annum, to commence on the 4th day of March 1831.

Certificate of Pension issued the 15th day of June '33 and sent B. Merrill Salem Mass

Arrears to the 4th of March '33 - -  40
Semi-anl. allowance ending 4 Sept - 10
[total] $50

{Revolutionary Claim, Act June 7, 1832.}

Recorded by Wm Miller Clerk
Book E  Vol.12  Page 92
Page 3

Massachusetts 15.478
-
Joseph Wheeler
of Essex in the State of Mas.tts
who was a pri: in the company commanded by 
Captain Bell of the Reg.t commanded by 
Col. Gerrish in the New Hamp:*
line for 6 mos.
*N. H. and Mass. June 13, 1914
Records completed [Illegible]

Inscribed on the Roll of Massachusetts
the rate of 20 Dollars - Cents per annum,
to commence on the 4th day of March, 1831.

Certificate of Pension issued the 15th day of June '33
and sent B. Merrill
Salem Mass

Arrears to the 4th of       March '33 -   40
Semi-anl. allowance ending 4 Sept "    10
                                                             $50

Revolutionary Claim,
Act June 7, 1832.
Recorded by
Wm Miller Clerk,
Book e  Vol. 2  Page 92

75 Essex
Page 4

Joseph Wheeler
21806
Reply to
Brig. Merrile
Salem
Mass tts
Page 5

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, Joseph Wheeler
a resident of Salem, in the County of Essex and State of Massachusetts, aged 71 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 the summer of 1777 at a place called Fairlie in the New Hampshire Grants, since the State of Vermont, he enlisted as a substitute for his uncle Benjamin Hammond
who had been drafted in a company of New Hampshire Militia under Capt. Bell, he thinks that was his name, the Colonel's name he cannot recollect, and marched from
that place to Saratoga in New York:  was stationed at that place, & Albany, and Greenbush and served three months and
at the expiration thereof was discharged at Greenbush:-- he now resides at a great distance from Fairle [Fairlie] and knows not of the existence of any of his fellow soldiers on that campaign :
That in the beginning of July 1779 in Essex County in Massachusetts he again enlisted as a volunteer in Capt. Benj. Peabody Company in Col Gerrish's Regiment of Massachusetts Militia and served more than three months to the 10th Octr [Oct.] 1779 on North River and was at the end thereof discharged at Greenbush:
From loss of memory and great age he cannot state more precisely his time of service or other circumstance he served three months in 1777 and at least three months more
in 1779:
That he was born at Marblehead in 1762 and moved with his uncle to Danvers in 1775 and thence with him to Coos at a place called Fairlie and in two years after returned to Danvers and there lived 14 years and ever since at Salem.  He never had a written discharge or certificate of birth.  He is well known to Hon Leverett Saltonstall & Col Fras Peabody & others.
Page 6

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.
[signed] Joseph Wheeler

Sworn to and subscribed the day and year aforesaid
[signed] D A White  JUDGE OF PROBATE.

We Rev. Charles W. Upham a clergyman, residing in Salem aforesaid, and Leverett Saltonstall Esquire, a magistrate, residing in Salem aforesaid, do hereby certify that we are well acquainted with Joseph Wheeler, who has subscribed and sworn to the above declaration; that we believe him to be 71 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.
[signed] Charles W. Upham    Leverett Saltonstall 

Subscribed and sworn to before
[signed] Benj. Merrill   Just. Peace
Page 7

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 above named applicant was a Revolutionary Soldier, and
served as he states.  And the Court further certifies that Rev. Charles W. Upham who has signed the preceding Certificate, is a Clergyman resident in Salem and that the said Leverett Saltonstall who has also signed the same is a Magistrate resident at Salem and is a credible person and that
their statement is entitled to credit.
D A White Judge of Probate

[SEAL]

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 Joseph Wheeler for a pension, and that Benjamin Mervill is a Justice of the Peace in and for said County duly qualified and his signatures on the annexed depositions are
genuine.

IN TESTMONY WHEREOF I have hereunto set my hand and seal of office this second day
of October A. D. 1832.
Nath. Lord jr.
Page 8

21806

Joseph Wheeler

Mass


Admit (as illegible]
6 mos. $20.00


B. Merrill
Salem 
Mass
Page 9

BRIEF in the case of Joseph Wheeler
Co of Essex
in the State of Mass
(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?  71
4. State his service, as directed in the form annexed.
Period.
N H. Militia
Summer - In 1777 substitute
July         -     1779 enlisted

Duration of Service.
Years,
[Blank]
[Blank]
Months,
3
3
Days,
Rank.
As a
Private
Private
5. In what battles
3
3
Names of General and Field Officers
under whom he served.
Cap Bell     Col forgotten
Cap Peabody    Col Gerrish
5.  In what battles was he engaged?   None
6.  Where did he reside when he entered the service? Fairley N.H.
7.  Is his statement supported by living witnesses, by documentary proof, by traditionary evidence, by incidental evidence, or by the rolls?  traditionary   three Living witnesses
8.  Are the papers defective as to form or authentication? and if so, in what respect?
one witness Credible  and two not

I certify that the foregoing statement and the answers agree with the evidence in the case above
George Payton
Examining Clerk.
Page 10

I Daniel Needham Esq. of Lynnfield on oath testify that in 1780 Joseph Wheeler, now of Salem served three months in summer in Capt. B. Peabody's Regiment in Col Wade's Regiment of Massts .Militia
I was Sergeant of that Company
[signed] Daniel Needham

State of Massachusetts Essex County ss:  Aug. 10. 1832
Then the said Daniel Needham Esq. a credible & disinterested witness subscribed and made oath to the above before 
[signed] Benj. Merrill   Just. Peace
Page 11

Jos. Wheeler
Page 12

Rev War
6373
INVALID
File No. 6373
Joseph Wheeler
Privt Rev War

Act: June 7, 1832.
Index: - Vol. [M] , Page 403
[Arrangement of 1870.)
Page 13

21806

Joseph Wheeler



B. Merrill
Page 14

BRIEF objections to the admission of Pension Claims, of which those answered in the negative, in red ink, will apply to the claim of Joseph Wheeler, which require further proof or explanation.

I. Does the declaration show where the applicant resides? Yes

II. Did the declarant make the declaration in the county where he resides? yes 

III. If the applicant did not make the declaration in the county where he resides, is there any reason assigned for his not doing so? [blank]

IV. Has the declarant mentioned the period or periods of the war when he served? Yes

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? Yes

VI. Has he given the names of the officers under whom he served, in conformity with the regulations? Yes

VII. Has he made a relinquishment of every claim to any other pension than the one under the Act of June 7, 1832? Yes

VIII. Has the Court given their opinion? Yes

IX. Has the Clerk given his certificate? Yes

X. Is the Clerk's seal affixed? And if so, has it a device or inscription by which it can be distinguished from any other seal? yes
Page 15

2
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?
XII.  If the clergyman's affidavit has not been produced, is there any reason assigned for not obtaining it?
XIII.  If the applicant has no documentary evidence, and has not obtained the testimony of at least one living witness, has he stated in his declaration that such proof cannot be had?
XIV.  If the applicant's name is not found on the rolls of military service, has he produced a witness or witnesses as to his service?
If he has produced direct proof as to service, has the magistrate who administered the oath,
certified to the credibility of the witness or witnesses?   yes
Has the proper officer certified to the official character and signature of the magistrate as the regulations direct?   yes
XV. Does it appear from any of the papers that the witness was in such a situation, or of such an age, as to have a personal knowledge of the applicant's service?   yes
XVI.  Are the papers authenticated as the regulations direct?   yes
XVII. Are the seven interrogatories prescribed by the War Department answered satisfactorily? And, if not, which of them is not so answered?  yes
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 [deposes] 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.
Page 16

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 [shown] under what officers the applicant served; the duration
of each term of engagement; the particular place or places where the service was performed; that the applicant served with an embodied corps called into service by competent authority; that he was either
in the field or in garrison; and for the time during which the service was performed, he was not employed in any civil pursuit.

QUERE XIV.  Proof of Service.
In a case where the name of the applicant is not found on the records of the Department, he must prove his service by two credible witnesses, who are required to set forth in their affidavits the time of the claimants entering the service, and the time and manner of his leaving the same, as well as the regiment, company, and line to which he belonged.  The magistrate who may administer the oaths
must certify to the credibility of the witnesses, and the official character and signature of the magistrate must be certified by the proper officer, under his seal of office.

QUERE XVI. Mode of authenticating papers.
In every instance where the certificate of the certifying officer who authenticates the papers id 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.
Page 17

I Daniel Needham Esquire of Lynnfield 
aged 71 years on oath testify
That I know that Joseph Wheeler, now of Salem,
served  three months in Capt Peabody's Company in Col. Wade's Regiment at Westpoint 
I was Sergeant of that company then.
We enlisted together in Massachusetts.
We served three months in Peabody's Company.
Daniel Needham

And I, William Reed of Salem, on oath testify
that I know that Joseph Wheeler, of Salem, served three months in Capt Peabody's Company in Col. Wade's Regiment at Westpoint.
Wm Reid
State of Massachusetts Essex: Au,t [Aug't] 11, 1832 Then
the above named Needham and Reid subscribed & swore oath to the above before B Merrile Justice Peace 
They are credible and disinterested witnesses
B Merrile Justice Peace
Page 18

I. Betsy Winchester, of Gloucester in Massachusetts, age 59 years, on oath testify
That early in my life I resided with my father
Capt. Benj Hammond at Fairlie in Vermont, then a new Country: my father removed from Marblehead to Danvers and then to Fairlie: I remember that Joseph Wheeler now of Salem went to Vermont with my father and lived 
in the service of my father: my mother was his
aunt; I recollect that some time in the 
Revolutionary War, the exact year I cannot state, Joseph Wheeler went out in the service as a soldier instead of my father.  He was absent, 
I would think, near three or four months.  He afterwards returned to live with my father.  I have often heard my father and mother talking of his the said Joseph going out as a soldier at that
time
Betsy Winchester
  
State of Massachusetts Essex : Sept. 10, 1832
Then the said Betsy Winchester a credible and
disinterested witness, subscribed and made
oath to the above affidavit before
B Merrill Jus. of Peace