Revolutionary War Pension and Bounty Land Warrant Application File S. 11768, Benjamin Wheeler, Mass. Vt.
Page 1

Wheeler, Benjamin
Service
Mass
Vt
Number S 11768
carded
Page 2

24.103
New York
Benjamin Wheeler
16 [illegible] in the State of New York
who was a Drummer &c. in the Comp commanded by Captain Gardner of the Rgt commanded by Col. Putnam in the Mass line 
for 6 months Private $23
6 months Drummer $20
$43
Mass and Vt
Records completed. May 12 1958
Inscribed on the Roll of New York
at the rate of 42 Dollars 00 Cents per annum
to commence on the 4th day of March, 1831.
Certificate of Pension issued the 30 day of Oct.
1833 and sent to L. Gibbs
Madison -
Arrears to the 4th Sept 33 $105
Semi-anl. allowance ending 4 M. 34 21
$126
Revolutionary Claim,
Act June 7, 1832.
Recorded by Go. C. Stiles Clerk
Book E Vol. 4 Page 40
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Benjamin Wheeler's
Declaration
For a Pentian
Levi Gibbs his atty
19685
On Roll of Putnams
Reg 18 July 80
for 6 mo.
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State of New York
Madison County SS
On this Eighth day of October 1832 personally
appeared before the Judge of the Court of Common Pleas and
General Sessions of the [illegible] of the County of Madison aforesaid
Benjamin Wheeler a resident of the Town of Cazenovia County
of Madison & State of New York aged seventy years the first
day of April last, who being 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.
1st That he was born the first day of April in the year 1762
in the Town of Greenwich County of Hampshire and State of
Massachusetts, and then resided until he was a few months
more than twenty four years old; from thence he moved to
the Town of Chesterfield in the State of New Hampshire where he
resided about thirty years; from thence he moved to the Town of
Cazenovia County of Madison & State of New York when he
has[illegible] since lived. 
2) In June (the day of the month declarant cannot recollect) 1780,
he entered the service of the United States as a volunteer soldier into a
Company commanded by Gardner Capt. Cooper Lieutenant and
Eoivett Ensign (given Names of said officers not remembered) fifth Company fifth Regiment of the Massachusetts line. The Regiment, at that time,
was commanded by Rufus Putnam Colonel, Lieut Col. Newell and
Adj't Trotter (given names not recollected) Brigadier General's name was Nickerson. Declarant enlisted in the Town of Greenwich in
the State of Massachusetts for the term of six months, from Greenwich
he marched to Belchertown and was 
inspected ; from thence to Springfield and again inspected; from thence in the most direct route
to West Point in the State of New York and there again inspected; from West Point he went to Peekskill on the East side of the river Hudson, and afterwards crossed the River back again at Kings Ferry;
from thence to [illegible] when he was stationed about one month
at or near a place called Dobbs Ferry when we erected a Fort. from 
thence he marched to Hackensack in the State of New Jersey and remained there but a short time; from thence returned to West Point and
was there stationed until he served out his six month Enlistment
and was discharged. He had a written discharge signed by Lieut
Cooper. Declarant has lost his discharge.
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As early as the first of May (the day of the month he does not recollect)
in the year 1781 declarant enlisted at Chesterfield now New Hampshire as a volunteer Drummer into a Company of Vermont State
troops for the term of six months. The company was commanded
by Capt John Pratt
Col Lunt and Cook Ensign (first names
declarant does not remember) he marched from Chesterfield
up the River about 25 miles through Westmorland, Walpole
and Charleston then crossed the River into Vermont to Springfield
and marched in a North Westerly direction through Cavendish, 
Shrewsbury, Rutland to Castleton when he joined Col.
Fletchers Regt to which he was attached about three months
his business was scouting and watching the Tories and Indians
who were very troublesome. The Company and this declarant with
the rest were then detached from Col. Fletchers Regt and marched
to Skenesborough (now White Hall in New York) and there joined
Col Walbridge's Regt to which he was attached there months
he was employed in keeping guard, in scouting parties and
watching to Tories & Indians and carrying off Tories wives
Children & some of their effects. Headquarters were at Castleton
about three months, having served out his enlistment he was
discharged, at this time declarant did not have a written discharge, can assign no reason at this time why he had not.
Declarant has no documentary evidence, and knows of no person, whose
testimony he can procure (other than the testimony of Asa Harris which
is herewith transmitted) who can testify to his service.
Declarant has a family record which he verily believes to be true
and according to that he was as above stated 70 years old the 1st
day of April last, he had a written discharge but it is lost.
Declarant is well known to Isaac Morse, Marvel Underwood, Allen Dryer Esq, David Smith & Jonathan Smith who can
testify to his veracity and their belief of his services as a soldier of
the revolution
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Declarant 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.
Benj Wheeler
Sworn & Subscribed, the day & year aforesaid
A. S. Sloan Clk

We John Peck
a Clergyman residing in the town of
Cazenovia and Marvel Underwood residing in same place hereby certify
that we are well acquainted with Benjamin Wheeler who has subscribed and sworn to the above declaration; and that we believe him
to be 75 years old the first day of April last; that he is reputed and believed, in the neighbourhood where he resides, to have been a Soldier of
the revolution and that we concur in that opinion.
John Pack
Marvel Underwood
Sworn and subscribed, the day and year aforesaid,
A.S. Sloan Clk

And the said court do hereby declare their opinion, after the investigaation of the matter, and after putting the interrogatories prescribed
by the War Department, that the above applicant was a revolutionary soldier and served as he states. And the Court further certifies
that it appears, to them that John Peck
who has signed the
preceding certificate, is a clergyman, resident in the town of Cazenovia and that Marvel Underwood who has also signed the same is
a resident in the town of Cazenovia and is a credible person and that their statement is entitled to credit.
I Andrew S. Sloan, Clerk of the Court of Common Pleas of
the County of Madison & State of New York do hereby certify
that the foregoing contains the original proceedings of the said
Court in the matter of the application of Benjamin Wheeler
for a pension
In testimony whereof I have hereunto set my
hand & seal of office this 9th day of October
of
in the year Eighteen hundred and thirty two
A.S. Sloan Clk
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19685.
Benjamin Wheeler
Madison Co
New York
C. M.
Admitted
Private [illegible]
Drummer [illegible]
12
Levi Gibbs Esq.
Madison Co
New York
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WAR DEPARTMENT,
Pension Office,
183
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 Wheeler Madison Co
New York
[table below]
Period when service was rendered | Duration of the claimant's service. | Rank of the claimant | Names and Rank of the Company officers under whom he served. | Names and Rank of the General and Field officers. | Battles in which the applicant was engaged. | Country through which he marched. | Place of abode when he entered the service, and age at the present period. | Evidence by which the declaration is supported.
June 1780 | 6 months | Priv | Cap. Gardner| {Col Ru Putnam} {L. Col Newell} {Gen. Nickerson} | None | N. York N. Jersey | 70 years Greenwich Mass. | One witness. He knows of no other.
May 1781 | 6 months | Drummer | {Cap. Pratt} {Lt Cole} | {Col Fletcher} {Col Walbridge} | | Vermont | |
I am, respectfully,
Your obedient servant, 
J. L. EDWARDS,
Commissioner of Pensions
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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, musicians 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
County of 
On this  [blank] day of [blank] personally appeared (a) before 
A.B. a resident (b) of [blank] 
in the county of [blank]
and State, Territory or District pf [blank] aged (c) [blank] 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 provion made by the act of Congress, passed
June 7th, 1832. That he enlisted in the Army of the United States in the year (d) [blank], with [blank] and served in the [blank]
(e) regiment of the [blank] 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 enered 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, &c.]
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.
I [blank] of the Court of [blank] do
hereby certify (h) that the foregoing contains the original proceedings of the said Court in the matter of the application of [blank] for a pension.
In testimony whereof I have hereunto set my hand and seal of office (i) this [blank]
day of [blank] &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 [blank] and C. D. residing in (the same)
hereby certify, that we are well acquainted with [blank], who has
subscribed and sworn to the above declaration; that we believe him to be [blank]
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 day 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 [blank]
and that C.D., who has also signed the same is a resident in the [blank]
and is a credible person, and that their statement is entitled to credit.
I. [blank] Clerk of the Court of [blank] do hereby certify that the foregoing
contains the original proceedings of the said Court, in the matter of the applicacation of [blank] for a pension.
in testimony whereof, I have hereunto set my hand and seal of office, this [blank] day of [blank] &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
alleged service, as they are known at the Department. A very full account of the services of each person
Page 10

3
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 he 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.
The traditionary evidence of service is deemed very important, in the absence of any direct
proof, except the declaration of the party. And the Courts are requested to be very particular in the
enquiry 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.
[a] 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. 
[b] 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 eh rule. 
[c] The age of the claimant must invariably be mentioned.
[d] The declarant must mention the period or periods of the war when he served.
[e] 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 ____ 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 that 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 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.
[f] The law makes the relinquishment indispensable.
[g] The opinion of the Court is always required.
[h] The Clerk must give his certificate in every case.
[i] 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.
[j] 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 claimant's 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 all 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. 
[k] This traditionary evidence is indispensable in militia cases.
[l] If a witness cannot be found, the declarant must state the fact.
[m] The answers to the interrogatories must all be written, and sent to the War Department, with the declaration.
Joseph Rowen Ex ck
Page 11

Rev War

11768
INVALID
Fil No. 11,768
Benjamin Wheeler
Drummer Rev. War

Act June 7 '32
Index: vol. A, Page 404

[Arrangement of 1870]
Page 12

State of New York
Jefferson County SS
Personally appeared before the subscriber a justice of the Peace in and for said County Asa Harris Champion to me well known a man of truth and veracity, who first being duly sworn according to law doth depose and say that he is 68 years old, that he is well acquainted with Benjamin Wheeler of Casenovia Madison County N.Y. That said Wheeler and this deponent both enlisted in Chesterfield New Hampshire then claimed by Vermont in the Company of Capt. John Pratt, Col. fletcher's Regt., Vermont State Troops. That said Wheeler enlisted in said company a Drummer for six months and serve as such in said company the whole period this deponent was a private in said Co. the enlistment took place in april or may 1781 or 1782 cannot be positive which. the Regt. was part of the time commanded by Col. Fletcher and a part of the time by Col. Waldbridge.
Marched to Castleton when was the head quarters of the Regt. & then stationed about three months and was chiefly employed in scouting parties. then marched to Stearsborough now White House when we were employed keeping guard & in scouting parties till the six months had expired when said company was dismissed and further saith not.
Asa Harris
Sworn and subscribed to this 17th day of September 1832 before me
Danl. Lee Justice of the Peace
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State of New York
Jefferson County Clerk's Office SS
(county seal)

I, Peleg Burchard, Clerk of said county, do hereby certify that Daniel Lee Esquire whose name is subscribed to the proof (or acknowledgement-crossed out) of the annexed affidavit was at the time of taking such proof (or acknowledgement crossed out) a Justice of the Peace in and for said county, commissioned and sworn, and duly authorized to take the same. And Further, That I am well acquainted with his hand writing, and verily believe his signature to the said Proof (or acknowledgment crossed out)  is genuine.
In Testimony Whereof, I have hereunto set my hand, and affixed the seal of said county, at Watertown, the 17th day of September 1832.
P. Burchard Clerk
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This Certifies that Thomas Farr of Martinsburgh in the County of Lewis and State of New York am acquainted with Benjamin Wheeler of the town of Cazenovia county of Madison & State aforesaid and am knowing to his being in the Revolutionary war for the period of six months which I verily believe to have been in the year 1781 and under the following named officers viz Capt. John Pratt, Lieutenant Cole, and Ensign Cook and that the company to which he belonged (and of which he was a Drummer) was attached to a Regiment of Vermont troops commanded by Col. Fletcher and that he was subsequently transferred to a Regiment of the Vermont line commanded by Col. Walbridge with whom he remained until he was dismissed.
Thomas Farr
Sworn to and subscribed this 15th Sept. 1832
((illegible) Collins a Justice of Peace
Page 15

State of New York
Madison County ss
Personally appeared before me, the undersigned, a Justice of the Peace of the town of Cazanovia and County of Madison aforesaid Benjamin Wheeler of said town & county 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 services, but according to the best of his recollection he served not less than the periods mentioned below and in the following grades: For six months in the year seventeen hundred and eighty I served as a private in a company commanded by Gardner Capt. Cooper Lieut. Evrett Ensign (given names not remembered) fifth Company fifth Regiment of Massachusetts line commanded by Rufus Putnam Colonel- I entered the service in the year 1780 as a volunteer-For six months in the year 1781 I served as a Drummer, the company was commanded by John Pratt Capt., Cole Lieut.  and Cook Ensign (first names not remembered) a part of the time the company to which I belonged was attached to Colonel Fletcher Regiment, the residue of the time to Col. Walbridges Regiment, the first six months I was in the field, the other six months I was in Garrison. I enlisted for the last six months I was not employed in any civil pursuit and for such services deponent claims a pension. Deponent Resided in Greenwich when the war commenced and did not move from there till it was over and further deponent saith not.
Benjamin Wheeler
Sworn & Subscribed before me this 31st day of July 1833
Allen Dryer Justice of the peace

I do certify that I have been acquainted with Benjamin Wheeler a number of years & that he is a man of truth and veracity.
Allen Dryer, Justice of the peace
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State of New York
Madison County Clerks Office SS
I Andrew S. Sloan, Clerk of the said County do certify that Allen Dryer before whom the within affidavit purports to have been sworn and also whose name appears to the within certificate was at the date of the same, one of the Justices of the Peace in and for the said county. And that I am acquainted with his hand writing and verily believe his name subscribed to the said affidavit and certificate to be his property hand writing and signature.
Witness my hand and seal of Office this 10th day of August 1833.
A. S. Sloan, Clk