Revolutionary War Pension and Bounty Land Warrant Application File W. 22556, Jacob Homer, Mass. Sea Service
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SERVICE     NUMBER
Mass Sea Service   Homer, Jacob  N. 22556
                               Wellington, Elizabeth
                                Former Widow.
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866
Massachusetts
Elizabeth Wellington
widow of Jacob Homer, Jr.
who served in the Revolutionary war, as a Seaman
Inscribed on the Roll at the rate of 76 Dollars~Cents per annum, to commence on the 4th day of March, 1848.
Certificate of Pension issued 26 day of July 1848 and sent to G.S. Bulfinch Boston Mass
RECORDED on ROLL of Pensioners under act February 2, 1848, Page 172 Vol. 2
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COMMONWEALTH OF MASSACHUSETTS
Secretary's office, October 7th, 1842
    I hereby Certify That at the date of the written attestations Richard D. Harris, John Codman, and Washington P. Gregg were Justices of the Peace for the County of Suffolk in the said "Commonwealth, duty constituted and commissioned; and that their acts and attestations, as such full faith and credit are and ought to be given in and out of Court.
     In Testimony whereof, I have hereunto affixed the Seal of the Commonwealth the date above written

John P. Bigelow (handwritten signature)
Secretary of the Commonwealth
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V
no 8453
Elizabeth Wellington
formerly widow of Jacob Homer, Jr. 
Mass.
Vol 39.63 ____15.9
31.41 - 100 -
aomd
2 year Seaman
96
Hon. I C Bates 
_______
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Declaration.
In order to obtain the benefit of the Act of Congress, of the 7th July, 1838, entitled “An Act granting half pay and pensions to certain Widows.”
State of Massachusetts
County of Suffolk

     On this twenty second day of September in the year eighteen hundred and forty two, personally appeared before me, Peter O. Thacher, Judge of the Municipal Court of the city of Boston, Elizabeth Wellington, A resident of West Cambridge in the county of Middlesex, aged Seventy Four 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;” and the Act passed August 23, 1842, entitled “An Act to amend the Acts of July, eighteen hundred and thirty six and eighteen hundred and thirty eight, allowing pensions to certain widows;”  That she was married to Jacob Homer Jr., of Boston in the County of Suffolk, who was a Volunteer on board the Massachusetts State Ship Protector from the commencement of her first cruise in the spring of the year 1780, till she was captured by the British in May 1781, when he was carried to England and confined in  prison where he remains till the summer of 1782, when he returned home.  The Protector was commanded by Caption John Foster Williams.

     She further declares that she was married to the said Jacob Homer Jr., on the Second day of February in the year Seventeen Hundred and Eighty Five; that her husband, the aforesaid Jacob Homer Jr. died on or around the Fifteenth day of June, being lost on a voyage at sea, that she was married to him prior to his leaving the service, but the marriage took place previous to the first of January, seventeen hundred and ninety-four, viz: at the time above stated, that she was afterwards married to Jeduthan Wellington, who died on the Twenty Sixth day of November in the year One Thousand Eight Hundred Thirty Eight, but prior to her marriage with said Wellington, and after the death of her said first husband Jacob Homer Jr., she was married to John Winneck from whom she obtaind a divorce from the bonds of Marriage on her own petition to the Supreme Judicial Court in the County of Suffolk, and afterwards was married to her third and last husband, the said Jeduthan Wellington.

Witnessed Peter O. Thacher				Elizabeth Wellington
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Commonwealth of Massachusetts
Suffolk, City of Boston, on this twenty second day of September A. D. 1842, the written named petitioner Elizabeth Wellington, made solemn oath to the truth of the court of the written declaration and I further certify, that by reason of her advanced years and infirmity, she is unable ___________to appear in Court
Peter O. Thacher&lt; Judge of the Municipal Court of the City of Boston, which is a Court of said Court Commonwealth
Commonwealth of Massachusetts
Suffolk Js: I Thomas W. Phillips Clerk _______of the city of Boston Municipal Court hereby certify that the said Consent is a Court of Record; that Peter O. Thacher Esquire is _________at the time he signed the foregoing certificate, Sole Judge thereof & that the signature of said Thacher's name, above, is his genuine signature
     In testimony whereof I have forty twountounto set my hand the seal of the Municipal Court at Boston aforesaid this twenty third day of September A.D. Eighteren hundred & fortytwo
     Thomas W. Phillips, Clerk of said Municipal Cour
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Commonwealth of Massachusetts
	City of Boston; Sept. 19.1842

	The subscriber do hereby certify, that it appears by the Registry of marriages in the town (now city) of Boston, there is the following record of marriages. Viz: Jacob Homer and Elizabeth Loving married by Rev’d Samuel Stillman, second February, one thousand seven hundred and eighty five.
	That is it a true copy of the record, with the exception of the date, which is exposed in the record in fair legs le figures as follows, “Jacob Homer and Elizabeth Loring, married by Rev’d Samuel Stillman, 2d Feby. 1785.
				Samuel F. MCleary. City Clerk.

	I Samuel F. MCleary, above named depose and say that I hold the office of City Clerk of the city of Boston, in the County of Suffolk, and State aforesaid, and that the above is a true extract from the records of marriages in said Boston, with the exception avow named as certified by me.
				Samuel F. MCleary

	Suffolk (?) Boston, Sept. 19, 1842.  The above named Samuel F. MCleary, appeared and made oath to the truth of the above certificates by him subscribed.
				Before me, Rich Harris, Justice of the Peace
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Commonwealth of Massachusetts
City of Boston, Suffolk ss" Sept 22, 1842

I Eleazer Homer, of said Boston, of the age of Eight two years; on oath depose and say, that I am the Brother of the Jacob Homer named in the foregoing certificate, who went by the name of Jacob Homer, Jr. I was present at his marriage with Elizabeth Loring as certified by the City Clerk herein before: said Elizabeth Loring is the same person who now applies for a pension under the new act. Said Jacob Homer  Jr. being the same person who is mentioned in said certificate as Jacob Homer and the same person who sailed under Capt. John Foster William, soon after his marriage with said Elizabeth, say about three months after, he went to Petersburg, Virginia, from which port he sailed as commander of a Brig owned by the ______, which he was never heard of afterward and was with all on board, reported he was lost.
     Sworn to before me, this 22nd of Sept 1842 Eleazer Homer
John Codman
Justice of Peace
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Commonwealth of Massachusetts
Suffolk __ Sept 22, 1842

I Margaret Clark, of Boston, widow, of the age of 82 years, on oath depose and say, that I am cousin to Jacob Homer jr, who sailed with Capt John Foster Willams, & who was married to Elizabeth Loring in the year 1785. Shortly after his marriage, to the best of my recollection   in the month of May subsequent Jacob Homer came to Petersburg, Virginia where I was then residing from which port he sailed, in command of a brig belonging to my brothers   the Messrs ______, for ______.the Brig was never afterwards heard from, &  was reported to be lost with all on board. Margaret Clark
     Sworn to this twenty second September A. D. 1842 before me. 

W.P. Gregg
Justice of peace
(this deposition was handwritten by W.P. Gregg)
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"1788, June 19. John Winneck and Elizabeth Holmer of Boston".
    I certify that the above is a time extract from the record of Marriage in the Church Book of West Cambridge as kept by the Rev. Dr. Fisk, formerly Pastor.
     Given under my hand this 14th. day Sept. 18_2.
David Damon
Pastor of the Congregational Church in West Cambridge
Copy attest  Benja Poland
Town Clerk at West Cambridege
(this was handwritten )
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"1803 May 31. Jeduthan Wellington of Cambridge & Elizabeth Winneck of Boston."
    I certiy that the precedings is a true contract from the record of Marriages in the Church book as a kept by the Rev. Dr. Fish formerly Pastor
     Attest
David Damon
Pastor of the Congregational Church in West Cambridge.
   This may certify that the above name Jeduthan Wellington died in this town November 26, 1838
Attest Benja  Poland 
Town Clerk West Cambridge 
Sept 12, 1842
(this was handwritten)
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Rev. &1812 Wars Section
ADY
November  9, 1929
C. L. Johnson, 
Whitehouse,
New Jersey
Dear Sir:
     I advise you that from the papers in the Revolutionary War pension claim, W.23556 it appears that Jacob Homer, Junior, volunteered in the spring 1780 and served as a seaman on the Massachusetts State Ship Protector, Captain John Foster Williams. In May 1781 he was captured by the British; carried to England and confined in prison until the summer of 1782 when he returned home. 
    He married February 3, 1785 Elizabeth Loring. He was then a resident of Boston, Suffolk County, Massachusetts. 
     He was lost about June 1785 on a voyage at sea.
     His widow, Elizabeth married June 19 1788 in West Cambridge, Massachusetts, John Winneck of Boston and later divorced him. She married May 31, 1803 in West Cambridge, Jeduthan Wellington of Cambridge, Massachusetts, who died November 26, 1838 in West Cambridge.
     Elizabeth Wellington was allowed pension on account of the service of her former husband, Jacob Homer, on her application executed September 22, 1842 while a resident of West Cambridge, Middlesex County, Massachusetts, aged seventy-four years.
     In 1842 Eleazer Homer, brother of Jacob Homer was a resident of Boston and aged eighty-two years. In 1843 one William F. Homer residing in West Cambridge, aged thirty-nine years appeared in support of the claim no relationship stated.
    The Revolutionary War records of this bureau fail to
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afford any information regard to John Homer, all spellings of the name searched.
    In  order to make a proper search of the records for any other soldier surnamed Homer the full name is essential and as much as possible of the following data: approximate dates of birth and death, place of residence at enlistment and after service and given name of widow.
Very truly yours,
Earl D. CHURCH,
Commissioner.

not A.B. Margaret Clark, cousin of Soldier
(written in at bottom of page)
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Navy On board the Massachusetts State Ship Protection
WIDOW, &c.
File No. 22556
Elizabeth Wellington
widow of 
Jacob Wellington 
Seaman Rev. War
Act: Feb 28, 48
Index:__Vol. A Page 323
[Arrangement of 1870]

(written on side of document 
1929 Nov. 9, Hist, to C.L. Johnson . 9.N.Y.)
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1519
Massachusetts
Elizabeth Wellington formerly widow of Jacob Hormer, Jr. who was a seaman in the U.S. Navy for 2 years
Inscribed on the Roll at the rate of 96 Dollars--Cents per annum to commence on the 4th day of March 1843.
Certificate of Pension issued the 24th day of August 1843 and sent to J. B. Lane Boston, Mass.
Act of March 3, 1843
Recorded in Book A Vol. 1 Page 57
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6917
Massachusetts
Elizabeth Wellington family
widow of Jacob Homer, Jr.
who was a pensioner under the Act of and who died on the June 1795 of Suffolk in the State of Mass who was a Seaman on the Protector commanded by Captain Williams of the ~ commanded by~ in the U.S. Navy for 2 years.
     Inscribed on the of Roll of Mass at the rate of 96 Dollars  Cents per annum to commence on the 4th day of March 1836
    Certificate of Pension issued the 23 day of Dec 42, and sent to Hon: I. C. Bates, ___
    Arrears to the 4th of March 1841 Semi-annual allowance ending  acp. 23 Aug 42 
480
[Act July 7, 1838]
Recorded by Theo L. Moody Clerk, 
Book A  Vol 1 Page 145
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V 8433
Mass
let to J. B. Blane, OCT 13, 42
"    "   "  "  "       "NOV. 4. 1842

Acts. 7 July 38
23 Aug. 42
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-36- Susanah Tunison Pa: Sus 58
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act 58 et 6717    Mrs. Moody _____
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Mr Edwards,
Will you send me the letter to me which I enclosed to you, [struck through] ___ process of Mrs Wellington? I [illegible] the certificate. Your diligence[?]

I.C. Bates.

Dec. 28. [illegible]
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COMMONWEALTH OF MASSACHUSETTS
Secretary's Office, Boston May 9th 1842
I hereby Certify That on the twenty second day of March  just past James M. Whiton was a Justice of the Peace for the County of Suffolk in the said Commonwealth, duly constituted and commissioned; and that to his acts and attestations, as such  full faith and credit are and ought to be given, in and out of Court

In Testimony whereof I have hereunto affixed the Seal of the Commonwealth the date above written.
Jno A Bolles
Secretary of the Commonwealth.
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COMMONWEALTH OF MASSACHUSETTS
Secretary's Office Boston May 9th 1843
I hereby Certify, That on the twenty second day of March just past Jame Mc Whiton was a Justice of the Peace for the County of Suffolk in the said Commonwealth, duly constituted and commissioned; and that to his acts and attestations, as such, full faith and credits are and ought to be given in and out of Court.
In Testimony whereof, I have hereunto affixed the Seal of the Commonwealth, the date written above
Jno A. Bolles
Secretary of the Commonwealth
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DECLARATION,
In order to obtain the benefits of the Act of Congress of the 3d March, 1843, granting pensions for one year to certain widows who have received pensions under the act of July 7, 1838, the amended act of 23d August, 1842.
    On this twenty second day of March in the year eighteen hundred and forty three personally appeared before the subscriber, a justice of the Peace in for said County, Elizabeth Wellington, a resident of West Cambridge in the County of Middlesex aged Seventy four years, who being first duly sworn, according to law, doth on her oath make the following declaration in order to obtain the benefits of the provision made by the act of Congress, passed on the 3d March, 1843, granting pensions to widows of persons  who served during the Revolutionary War.  That she is the widow of Jeduthan Wellington, and was formerly theh widow of Jacob Homer Jr.  who was a seaman in the Massachusetts State Ship Protector, Captain John F. Williams,  and that for his services she received a pension under the Acts of July 7th 1838 and August 23, 1842, amounting to Ninety six dollars per annum
    She further declares that she is still a widow
Elizabeth Wellington (handwritten signature)
    Sworn to and subscribed on the day and year written before me
Witness to the Signature of Elizabeth Wellington } Alfred A. Wellington
James M. Whiton Justice of the Peace for the County of Suffolk
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I William F. Homer of West Cambridge in the County of Middlesex aged thirty nine years do on my oath testify and declare, that I am well acquainted with the within named Elizabeth Wellington, and know her to be the widow of Jeduthan Wellington and that she was formerly the widow of Jacob Homer Jr. and that she is the identical Elizabeth Wellington who received a pension under the Acts of July 7th 1838, and August 23, 1842, as stated in the within. Declaration
Wm F. Homer  (signature)
Witness
A.A. Wellington

Commonwealth of Massachusetts, County of Suffolk ss. March 22, 1843.
    Then personally appeared in the above named William F. Homer and made oath that the above statement by him subscribed is true.
Before me,
James M. Whiton
Justice of the Peace
for the Count of Suffolk
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1695
Elizabeth Wellington

$96 per annum

J.B. Lane
Boston
Page 26

Boston January 2d 1843
Sir
    I have this day seen an extract from a letter written by Hon. Geo. Evans, Senator from Maine in which it is stated that by a late decision of the Secretary of War, the Act of July 7, 1838 is made to apply to those widows whose husbands died after that date, if otherwise untitled to the benefit thereof.
    By this I presume that your decision in the case of Mrs. Elizabeth Wellington is overruled, and that she is entitled to the five years pension.  
     I therefore request that you will attend to her claim as soon as convenient.
    Very Respectfully,
Your Obt. Servt.
J. Ballard Lane (signature)

Hon. J. L. Edwards
Com. of Pensions
Washington City
Page 27

Hon. James L. Edwards
Com of Pensions.
Washington City

6. January 1843
D-C.

6917
Page 28

Hon. James L. Edwards
Com of Pensions
Washington City

16 January 1843
D.C.

Eliz Wellington
Page 29

Boston January _. 1843
Sir,
     Soon after may letter of yesterday was mailed, I received one from Hon.Isaac C. Bates enclosing the certificate of Mrs. Wellington.
     I am happy to know that the decisions that the Act of July 7,1838 provided for those only who were widows at the date, of  its passage, has been changed without the delay attendant on an act of Congress in its passage

Very Respectfully
Your Obt Servt
J. Balland Lane

Hon. J.L.Edwards,
Washington D.C.

Note: hand written letter
Page 30

Mr. Edwards,
  Is there anything in the way of your filing the pension or certificate to Mrs. Wellington. Mr. Moody If not will you see it done and __ me with the certificate. __________papers______________________
_______________
I. C. Bates 

(handwritten note)
Page 31


Boston November 2, 1842
Sir
     Your letter of Oct 13th, disallowing the claim of Mrs. Elizabeth Wellington has been received, and after a careful and attentive examination of the Act of July 7, 1838, I can discover nothing showing that "the act provides for those only who were widows at the date of its passage."
     The act indeed provide for those cases only in which the husband who performed the service had died previous to the date of its passage, as the act declares "That if any person who served in the War of the Revolution in the manner specified in the act passed June 7th 1832" "have died leaving a widow" whose marriage took place within certain prescribed periods of time, such widow shall receive the pension for five years from March 4, 1836. The proviso "that in the event of the marriage of such widow, said annuity or pension shall be discontinued" is evidently intended to apply to those only who received the pension and were afterwards married. 
     When the law of July 7, 1838 is applied strictly and literally to the case of Mrs. Wellington it will be seen that the facts of her case agree precisely with the
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terms prescribed by that act. Her first husband Jacob Homer Jr "who served in the war of the Revolution in the manner specified in the act passed the 7th day of June 1832" "died leaving a widow whose marriage took place after the expiration of the last period of his service and before the first day of January 1794". This is all that is required by the law to entitle the widow to the five years pension, and as the act of August 23 " removed the bar which" (by the decision of the department) "a second marriage created", I can see no reason why Mrs. Wellington should be cut off from the receipt of this pension, and cannot but consider that the decision in her case at variance with the letter and spirit of the law. I therefore feel it my duty to make all suitable endeavors to obtain for her the small amount to which I consider her to be justly entitled.

Very Respectfully
Your Obt Servt
J. Ballard Lane

Hon. J. L. Edwards
Washington, D.C.
Page 33

(Copy)
Pension Office
November 4. 1842

Sir
     In answer to your _________ respecting the disallowance of Elizabeth Wellington's claim under the Acts of 7 July 1838 and 23rd August last, communicated to you in mine of 13th ult I have to remark that the latter originally contained a clause extending the Act of 7July 1838 in terms to those who having married a second time became widows after the date of its passage, which was stricken out in the Senate. If the construction you maintain be given to the remaining clause of the Acts of 23 August. the claimant who has been twice married and became a widow subsequently to the Act of 7 July 1838 would be entitled to its provisions, while those who having married but once and also became after its passage, it does not place the intended beneficiaries of it upon more eligible grounds than the class of claimants originally provide for by the Act of 7 July 1835. The right of pension vested in those embraced by it as soon as the Act passed, and is adjusted by its provisions, and any supplemental extension of it to other classes subjects such classes
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to the same provisions, unless the supplemental in terms repeat or control the conditions and limitations of the original Act. So far from this being the case a clause in the supplement to the effect contended for was stricken out and all claimants under the Act placed upon the same footing whether they had been married twice or but once. 

I am very respectfully 
Your Obed. Ser
J.L. Edwards
Page 35

(Copy)
Boston October 31, 1842

Sir, 
     Your letter of Oct 13th, disallowing the claim of Mrs. Elizabeth Wellington has been received, and after a careful and attentive examination of the Act of July 7, 1838, I can discover nothing showing that "the act provides for those only who widows at the date of its passage."
     The act indeed provides for those cases only in which the husband who performed the service had died previous to the date of its passage, as the Act declares "That if any person who served in "the War of the Revolution in the manner specified in the act passed from June 7 1832" have died leaving "a widow" whose marriage to place within certain prescribed periods of time, such widow shall receive the pension for five years from March 4, 1836. The proviso "that in the event of the marriage of such widow, said annuity or pension shall be discontinued" is evidently intended to apply to those only who received the pension and were afterwards married.
    When the law of July 7, 1838 is applied strictly and literally to the case of Mrs. Wellington, it will be seen that the facts of case agree precisely
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with terms prescribed by that Act. Her first husband Jacob Homer, Jr, " who served in the War of the Revolution in the manner specified in the Act passed the 7th day of June 1832" " died leaving a widow who marriage after the expiration of the last period of his service and before the first day of January 1794. This is all that is required by the law to entitle the widow to the five years pension, and as the Act of August 23 "removed the bar which" (by the decision of the department)" "a second marriage created" I can see no reason why Mrs. Wellington  should be cut off from the receipt of this pension, and cannot but consider that the decision in her case is at variance with the letter and spirit of the law. I therefore feel it my duty to make all suitable endeavors to obtain for her the small amount to which I consider her justly entitled

Very Respectfully 
Your Obt Servt
J. Ballard Lane

Hon, J. L. Edwards 
Washington D. C.
Page 37

Boston, Oct 7, 1842

Sir
     Herewith enclosed are the papers relating to the claim of Mrs. Elizabeth Wellington (formerly widow of Jacob Homer Jr,) to a pension, under the Acts of July 7, 1838 & August 23, 1842.
      As Naval Rolls were included in the loan made by this State to the War Department, it is reference may be had to the rolls of the Protector, supposed to be among them

Very Respectfully 
Your Abt Servt
J. Ballard Lane

Hon. J. L. Edwards
Washington, D.C.
Page 38

COMMONWEALTH OF MASSACHUSETTS
---------------------------------------------Secretary's Office  Boston July 18 1848
I hereby Certify That at the date of the annexed attestation James Rusell, was a Justice of the Peace for the County of Middlesex In the said Commonwealth, duly commissioned and constituted; and that to his acts and attestations as such full faith and credit are and ought to be given in and out of Court

In Testimony whereof, I have hereunto affixed the Seal of the Commonwealth, the date above written


Wm Tufts, Deputy  (signature)
Secretary of the Commonwealth

Relevance appears written in pencil at end of page
Page 39

		DECLARATION
In order to obtain the benefits of the act of Congress of 2d February, 1848, entitled, “An act making further provision for surviving Widows and Soldiers of the Revolution.”

COMMONWEALTH OF MASSACHUSETTS,
Middlesex COUNTY

	On this twenty eighth day of June 1848 personally appeared before the subscriber, a Justice of the Peace, in and for the county aforesaid, Elizabeth Wellington a resident of West Cambridge in the county of Middlesex aged eighty years, who being first duly sworn, according to law, doth on her oath, make the following declaration, in order to obtain the benefits of the provision made by the act of Congress, passed on the 2d February, 1848, granting pensions to widows of persons who served during the Revolutionary war.  That she is the widow of Jeduthan Wellington, and of her first husband Jacob Homer who was a resident of Boston and who was a seaman in the Revolutionary War and is the identical person who drew a pension under the Act of 17th June, 1844, on account of the Revolutionary service of her late ^ first^ husband aforesaid, as the rate of ninety six dollars and cents per annum.

She further declares that she is still a widow.      

Sworn to and subscribed on the day
and year above written, Before me,
Elizabeth Wellington

In presence of 
George C Whittmore		James Rupert  Justice of the Peace
James Rupert

	CERTIFY, That the declarant is personally known to me, a widow and a pensioner, as she declares.  James Rupert  Justice of the Peace
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Whitehouse N.J
Sept 10, 1929

Commission of Pensions
Washington D.C.

Dear Sir, 
    I have been referred to your department by the Adjt Gen concerning two men who  Rev war soldiers vix John Hummer and Jacob Hummer or concerning any other soldier by name Hummer vs Homer the two names are one and the same Homer is an old Saxon name called Hummer. 
       John Homer and Jacob Homer (meaning Hummer) were captured by the British and were prisoners on the Jersy prisonship
Page 41

according to records obtained by the society of Old Brooklynites of Brooklyn N. Y. obtained from her majesty's war department  and among the 8000 names were found John Homer and Jacob Homer (meaning Hummer) They were prisoners among the martyrs.
    Can you give me information for myself and others by name of Hummer Homer That we may become members of the Society of the Daughters of the American Revolution.
      Thanking you for ___ on our behalf

Very Respectfully yours
C L Johnson
Whitehouse, N. J.