Revolutionary War Pension and Bounty Land Warrant Application File W. 19611, Walter Whalen, New York
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SERVICE New York
Whalen or Whaling, Walter
NUMBER W. 19611
B.L.Wt. 519-160-55
Catherine
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Lit to Hon. A Dana apl
7 1843

11.203  R
New York
Walter Whalen
of... in the state of...
who was a Private in the regiment commanded by Colonel Vanshaick of the N York line, for the tearm of 6 Years:War
Inscribed on the Roll of New York at the rate of 8 Dollars per month, to commence on the 30 of April 1818.
Certificate of Pension issued the 1 of June 1819 and sent to D. Wood [unclear]
Ithaca, Seneca Co N.Y.
Arrears to 4th of Mar 1819            81:27
Semi-anl. all'ce ending 4 Sep 19    48
                                                     $129.29

Revolutionary claim, Act 18th March 1818
Continued
Notification sent Nov 11th
1820 to Edmund Pelton
File Sept 9th Ithaca NY
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Walter Whalen
Private
Colon'l van Schaicks
Regt New York line
1777 to 1783
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State of New York
Tompkins County, SS.
On this thirtieth day of April 1818 before me the [unclear] one of the Judges of the Court of Common Pleas in and for the County of Tompkins, personally appears Walter Whalen aged Fifty-Eight years resident in the Town of Lansing in the County of Tompkins and State of New York - who being by me first duly sworn according to law doth on his oath make the following declaration in order to obtain the provision made by the late act of Congress entitled, "An act to provide for certain persons engaged in the land and naval services of the United States in the revolutionary War" That the said Walter Whalen enlisted [unclear] in the state of New York in the Company commanded by Captain John Gable [?Cable] in Col. Goose Van Schaicks Regiment about the first of January 1777 after Capt. Cobb resigned was under Capt. Hicks in said Regiment served under the said Captain Cobb and Hicks for two or three years and afterward went in the Company of Infantry commanded by Captain John Blucker of said Regiment that he continued to serve in the said Corps or in the service of the United States until the 8th day of Nov 1783 when he was discharged from service at Snake Hill near New Burgh in teh state of New York.  That he was in the Battles of Monmouth and at Yorktown at the taking of Burgoyne and that he is in reduced circumstances and stands in need of the assistance of his
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[crossed out] of his
Country for support that he has no other Evidence now in His power of his said service and that he relinquishes all claim to every pension Heretofore granted or allowed him by the laws of the United States.
Sworn to and declared to before me the day and year aforesaid
John Sutton

I John Sutton Judge etc. as aforesaid do certify that it appears to my satisfaction that the said Walter Whalen did serve in the revolutionary war as stated in the preceeding declaration against the Common Enemy; and I now [unclear] with the proceedings and testimony taken and had before me to the secretary for the war department pursuant to the directions of the aforementioned act of Congress.
John Sutton

I john Sutton Judge etc. as aforesaid further certify that it appears to my satisfaction from An oath of [unclear] aforesaid Walter Whalen is in reduced circumstances and needs the assistance of his country for support.  Dated [unclear] December 15-1818
John Sutton
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State of New York, Tompkins County, SS.
I, Archer Green Clerk of the County of Tompkins, Do Certify that the within named John Sutton Esqr. was on the 30th day of April 1818 an acting Judge of the Court of Common Pleas, [unclear] for said County. Duly Appointed by the proper Authority of said State, and regularly Commissioned as such, And that I am well acquainted with the Signature of the said John Sutton Esqr. and believe the said Signature to be correct - Witness the Seal of said County this 9th January 1819.
Archer Green Clerk.
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Walter Whalen
Oath schedule
11203
Sept 1819
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An Inventory of the Goods and Chattles of Walter Whalen a Revolutionary Pensioner made this 27th day of september 1820

1 Cow                                    $15.00
1 Dish Kettle                              1.00
1 Tea do                                     1.00
1 Bake "                                      1.00
1 sett Knives and forks                2.00
1 Teapot and milk cup,                  .38
2 Pints                                         0.50
-----------------------------------------
                                                $20.88

1 Hog                                        $4.00
4 plates, 6 spoons                          .87
3 bowls 5 chairs                           1.25
1 old table, 1 old axe                    1.25
1 pr hearth tongs                         1.00
1 pr and irons                               0.75
1 shovel                                         1.25
-----------------------------------------
                                                   $10.37
                                                    20.88
-----------------------------------------
                                                   $31.25

I have no Real property / no income except the
pension under the act of 18th March 1818
Walter Whalen his mark
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State of New York, Tompkins County, SS.
On this 26th day of September 1820 personally appeared in open Court, being a Court of Common Pleas, holden in and for the said county, in said State, constituted a Court of Record, by the laws of said State, with power to hear, try, and determine all actions real, personal, and mixed, arising in the said county, and with other powers, Walter Whalen, aged sixty years, resident in the town of Lansing in the said county, who being first duly sworn according to law, doth on his oath declare, that he served in the Revolutionary War as follow:
That he Enlisted at Still Water in the State of New York in the month of December 1776 to serve during the war in Captain Cobb Company in Col Van Schaicks Regiment in the New York Line being the first New York Regiment on the Continental Establishment that he was transferred to or Enlisted into Captain [unclear] Company of Infantry in said Regiment.  He faithfully served his term and was honorably discharged in June 1783 at Snake Hill near New Burgh State of New York.  His Declaration was made 10th April 1818 his certificate is numbered 11203 and dated 1st June 1819.

And I do solemnly swear that I was a resident citizen of the United States, on the 18th day of March, 1818, and that I have not since that time by gift, sale, or in any manner, disposed of my property, or any part thereof, with intent thereby so to diminish it as to bring myself within the provisions of an act of Congress, entitled "an act to provide for certain persons engaged in the land and naval services of the United States in the Revolutionary War," passed on the 18th day of March 1818; and that I have not, nor has any person in trust for me, any property or securities, contracts or debts due me, nor have I any other income than what is contained in the schedule hereunto annexed, and by me subscribed.
That he has an aged wife to support, that he is a labourer that from his advanced age and infirmity he is unable to support himself/wife without the assistance of his country
Sworn to and declared this 26th day or September 1820 before me in open court
Walter Whalen his mark
Richard Smith first Judge of Tompkins County
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State of New York
Tompkins County
Clerks Office

I George P. Frost Deputy Clerk of the Court of Common Pleas in and for the County of Tompkins do hereby certify that the foregoing oath and the schedule thereunto annexed are truly copied from the Record of the said Court; And I do further certify that it is the opinion of the said Court that the total amount in value of the property exhibited in the aforesaid schedule is thirty one dollars and twenty-five cents.  In Testimony whereof I have hereunto put my hand and affixed the seal of the said Court this Third day of October in the year 1820.
Geo. P. Frost,
Deputy Clerk
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241
New York Albany
Catherine Whalen
widow of Walter Whalen N.Y. who served in the Revolutionary war as a private
Incd from $80
Inscribed on the Roll at the rate of 96 Dollars 00 Cents per annum, to commence on the 1st July 1848.
Certificate of Pension issued the 7th day of Jany 1837 and sent to Hon. H.S. Conger House of Reps
Recorded on Roll of Pensioners under act February 2, 1848, page 242, vol 4.
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Declaration
In order to obtain the benefit of the third section of the act of Congress of the 4th July, 1836.
State of New York
County of Tompkins SS On this thirty-first day of October 1843 personally appeared before the [unclear] a Judge of the court in and for said county Catharine Whaling a resident of the town of Enfield in the county of Tompkins and State of New York aged eighty 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 4 1836.

That she is the widow of Walter Whaling who was a soldier in the war of the Revolution and a pensioner of the United States - She further declared that she was married to said Walter Whaling on the tenth day of May in the year seventeen hundred and eighty two; that her husband the aforesaid Walter Whaling died on the twenty fifth day of May (1835) eighteen hundred and third five; and that she has remained a widow ever since, that her [unclear] as will more fully appear by reference to the proof hereto annexed - Declared and sworn before me this 31st day of October 1843 H.S. Wallridge Judge of Tompkins County Courts and counsellor of the Supreme Court.

Catherine Whaling her mark

I certify that the above named Catherine Whaling is s respectable person and fully entitled to believe, that I consider her of the age represented by her and that from her extreme age and infirmity she ought not to be asked or requested to appear in open court to make her application.
H.S. Wallridge
Judge of Tompkins County Courts and Counsellor of the Supreme Court
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State of New York
Tompkins County Clerks office SS I Norman Crittenden Depy Clerk of the County of Tompkins do hereby certify that Henry S. Walbridge before the [unclear] affidavit was taken, and whose name is subscribed to the certificate attached was at the date of the same a Judge of Tompkins County Courts Counsellor and at in and for said County residing in said County duly qualified to act as such and further that I am well acquainted with his hand writing firmly believe his signature genuine.

In testimony whereof I have hereunto set my hand  and affixed the seal heal [sic] of the Court of common Pleas of said County at Ithaca this 30 day of October AD 1843
N. Crittenden Dpy Clerk
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State of Pennsylvania
Bradford County SS.

Personally appeared before the subscribed a Justice of the peace in and for said County Rufus Vargason of Wysox Township in said county aged seventy eight years after being duly sworn according to Law deponeth and saith, Widow Catharine Whaling was from common [unclear] in this vicinity married to said Whaling and they lived together as man and wife several years before 1790 and thinks as early as 1782 that his present wife Elsey lived with her sister Whaling before he this deponent married her and that Whaling was absent at one time after their marriage and it was reported that he was in the service of the United States and that afterward they continued to live together  and after he this deponent was married to Elsey sister of Catharine Whaling.

Sworn and subscribed before me this 20th day of Nov AD 1843
Henry Morgan Jus Peace

Rufus Vargason

I certify that the above named Rufus Vargason is a Respectable person altho poor and a man of truth and veracity so far as I am acquainted and I have known him for about forty years.
Nov 20 1843
H. Morgan Jus Peace
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State of Pennsylvania
County of Bradford SS. Personally appeared before the subscriber a Justice of the peace in and for said county Elsey Vargaon of Wysock in said County aged 70 years.  after being duly sworn according to law deponeth and saith that widow Catharine Whaling of Tompkins County, New York who is making application for a pension, as the widow of Walter Whaling late a soldier in the war of the Revolution and a pensioner of the United States is this deponent's sister and that she is the identical widow of the aforesaid Walter Whaling that she is the identical person who was married to the aforesaid Walter Whaling late a soldier in the war of the Revolution and a pensioner of the United States in May 1782 seventeen hundred and eighty two, that this deponent was well acquainted with the facts and that the aforesaid Walter Whaling was in in the service in the war of the Revolution after his said marriage, and that the aforesaid Catharine Whaling is the identical widow of the identical soldier who served under the name of Walter Whaling in the war of the Revolution as above set forth
Sworn and subscribed before me this 20th day of November 1843
Elsey Vargason her mark
Witness Harry Morgan Jus Peace
D.E. Martin

I certify that the above named Elsey Vargason is a respectable person - in the common speech of the people of this community and to the best of knowledge and belief.
Nov 20 1843
Harry Morgan Jus Peace

State of Pennsylvania
Bradford County
I Aaron Chubbuck Prothonotary of the Court of Common Pleas in and for the County of Bradford Do hereby certify that Harry Morgan before whom the above affidavit was taken and whose name is attached to the above Certificates is now and was at the time thereto specified a Justice of the peace in and for said County duly commissioned and qualified and that full faith and credit are given to his acts as such.
In testimony whereof I have hereunto set my hand and the seal of said county at Towanda the 2d day of December 1843.
Aaron Chubbuck, prothonotary
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State of New York
County of Seneca SS Personally appeared before the subscriber a Justice of the peace in and for said county Delila Longcoy of Lodi in said county aged 66 sixty six years last January and on being duly sworn according to law deposeth and saith that she was when a child and from her first recollection and has been and since that time acquainted with widow Catharine Whaling who is applying for a pension as the widow of Walter Whaling who was a soldier in the war of the revolution and a pensioner of the United States, that this deponent well recollects that from her earliest recollection the above named widow Catharine Whaling and her husband the aforesaid Walter Whaling were living together as husband and wife and that they then continued to live together as husband and wife till the death of the said Walter Whaling, that this deponent can look back and call to rememberence occurrences for the last fifth eight to sixty years and that she is positive that as long ago as fifty eight to sixty years the above named parties, Walter Whaling and his then wife the present widow Catharine Whaling were living together as husband and wife, that they had children as the lawful fruit of their marriage that were only some ten years younger than this deponent that they had children as early as 1788, that this deponent recollects that the aforesaid Walter Whaling the late husband of the aforesaid widow Catharine Whaling and who was a pensioner of the United States, was engaged in the war of the revolution after his said marriage, to the aforesaid widow Catherine Whaling; that this deponent always having known the parties, viz, Walter Whaling and widow Catharine Whaling cannot be mistaken in the truth of the facts above set forth and that this deponent well knows her position that the
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aforesaid widow Catharine Whaling is the identical widow of the aforesaid identical soldier and pensioner Walter Whaling, and that the said Walter Whaling died on the 25th day of May 1835, and that his widow, the aforesaid Catharine Whaling has not since married but remains his widow.

Delila Longcoy her mark

Subscribed and sworn before me this 12th day of August 1843
Heth P. Kinch Justice of the peace

I certify that the above named Delila Longcoy is a respectable person and entitled to credit in her deposition
Heth P. Kinch J.P.

State of New York
Seneca County SS.
I do hereby certify that Heth P. Kinch Esqr, whose signatures appear to the foregoing Jurat and certificate was on the day of the date of said Jurat a Justice of the Peace in and for said County duly commissioned and sworn and authorised to take and certify the foregoing deposition in manner within contained, and further that I am well acquainted with the handwriting of the said Justice and verily believe that his signatures to the said Jurat and Certificate are severally genuine and in his own proper handwriting.  In Testimony whereof I have hereunto set my hand and affixed the seal of the Court of Common Pleas of said County this 30 day of October AD 1843.
C.D. Hanks Clerk
of Seneca County
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4859
Act Mar 3/55
March 19/55
Catherine Whalen wid. of
Walter Whalen Priv.
Capt
Col
Pensioner
Revolutionary War
Col: Van Schaick, Regt:
N.Y. Contl. line
Boynton
Admit [unclear]
May 26th/55
Boynton
519
Warrant No 519 - Issd May 2 b/o
J.W. Quigg
[crossed out] J. McQuigg
Ithica
Page 19

June 15/65 Let to Agt. Recalling warrant issued for 160 acres only [illegible] 
caveat filed – [illegible initials]
[illegible, Since? Same?] 24 Augt 53
Sept 2/53 Let to Comr Gen. Land Office removing caveat  Let to A. H. Markland, Present, notifying him of the [illegible] [illegible initials]

Feby ’48 – 241

Vol W1, page 137.
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State of New York
County of Tompkins
On this the 13th day of March Eighteen hundred and fifty five personally appeared before me a Justice of the Peace in this court for a the County and State aforesaid  Catherine Whalen aged Ninety one (91) years a resident of Ithaca Tompkins Co NY state who being duly sworn according to law declare that she is the widow of Walter Whalen deceased who was a private in the Revolutionary War - that her Husband was a Soldier in the Revolutionary war and a Pensioner of the United States to the time of His death.  That she was married to said soldier Walter Whalen on the 10th May 1782 that Her Husband the said Walter Whalen died on the 25th May 1835 that she is now a widow.  She further declare that she has not applied for any Land.  She make this declaration for the Purposes of Obtaining the County Land to which she may be entitled under the act approved March 3 1855 - The she is now a Pensioner and that she refers to proof in the pension office for proof of her marriage to same Whalen.
Sworn to and subscribed before me this 13th day of March 1855
Caleb B. Drake J.P.

Catherine Whalen her mark

We Raimer S. Valdran and Adnah Neyhart President of Ithaca in the State of New York upon our oath declare that the foregoing declaration was signed and acknowledge by Catherine Whalen in our presence and that we believe from the appearance and statements of the applicant that she is the identical person she represent herself to be.
Ramer L Valdran
Adnah Neyhart
Subscribed and sworn this 13th day of March 1855 before me
Caleb B. Drake JP
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The Within or foregoing  declaration and affidavit were sworn to and subscribed before me on the day and year within on [smeared] since I [smeared] that I know the affiants to be credible and that the claimant is the person she represent herself to be and that I have no interest in this claim.
Caleb B Drake JP

No 4869
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State of New-York
Tompkins County Clerk's Office
SS
I, EZRA WEAVER, Clerk of said county, and also Clerk of the Courts in and for said county, do hereby certify that Caleb B Drake Esquire, before whom the preceding declaration was subscribed and sworn, and whose name appears to the Jurat thereto, was at the date of the same an acting Justice of the Peace in and for said county, duly elected, sworn, and authorized to act as such, and to take the same: And further, that I am well acquainted with the hand-writing of such Justice, and verily believe that the signature to the preceding Jurat is genuine.

In Testimony Whereof, I have hereunto subscribed my name, and affixed the seal of the said county and Courts, at Ithaca, this fifteenth day of March 1855
E. Weaver Clerk.
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Rev
WIDOW, &c.
File No. 19611
Catharine Whalen 
widow of 
Walter Whalen
Pri Rev War
Act: Feb 20 48
Index:- Vol. M, Page 332
Page 24

H Reps [? House of Representatives] Dec 6th/44

Please send me copies of Mrs. Catherine Whalen's pension papers to present to Congress [illegible]
A Dana

J L Edwards Esq

Copies of papers sent to him
Dec 12 1844
Page 25

Walter Whalen, New-York Roll,
Act March 18 1818.

Be Pleased to say to what time he was last paid.

Pension Office
April 7 1843}
(On the Albany Roll.)  Died 25th May 1835, Paid to time of decease 4th gr. 1835

B.L.B.
Page 26

519

160 acres
Page 27

Sir:
The claim

[the following upside down:]
[illegible] act 2 Feb: 48    Albany rolls
[up arrow]  York N
Page 28

6074
[check mark] Letter to Hon. Amasa Dany [Dana]
26. Feb. 1844
[? return] cop's [copies] for same Dec 12 1844

Sent to Hon Wm.[William] Wilkins Dec'r [December] 12th 1844

rejected

Act 1836
Page 29

241.
Albany New York
Catherine Whalen
widow of Walter Whalen
who served in the Revolutionary war, as a private

Inscribed on the Roll at the rate of
80 Dollars
Cents per annum, to commence on
the 4th day of March, 1848.

Certificate of Pension issued the 16-
and sent to day of June 1848.
and sent to
Hon W.T. Lawrence
H of R
-
Recorded on Roll of Pensioners under act
February 2, 1848, Page 240. Vol. 4

Hon H.S. Conger Dec 9/50
Reported
Page 30

6545 
Albany New York 
Catharine Whalen 
widow of Walter Whalen who was a Private in the New York Line 

Inscribed on the Roll at the rate of 80 Dollars 00 Cents per annum, to commence on the 4th day of March, 1843. 

Certificate of Pension issued the 24 day of Decem. 1844 and sent to Hon. Amasa Dana H of Reprstvs.

 [Act of March 3, 1843.} 
Recorded in Book A Vol. 2. Page 91
Page 31

8969 
New York 
Catharine Whalen widow of Walter Whalen who was a pensioner under the Act of 1818 and who died on the 25 May 1835 of Tompkins in the State of N.Y. who was a Private in the company commanded by Captain --- of the regt commanded by Vanschaick in the N.Y. line for 2 years 

Inscribed in the Roll of Albany at the rate of 80 Dollars 00 Cents per annum, to commence on the 4th day of March, 1836. 

Certificate of Pension issued the 24 day of Dec 44 and sent to Hon. A. Dana - H Reps 

Total amount, $400.00 
[Act July 7, 1838.]
Recorded by F. L. Swann Clerk,
Book D  Vol. 1.  Page 187.
Page 32

No. 4859 
ACT OF MARCH 3, 1855. 
Received Mar 19, 1855
Catherine Whalen 
Walter Whalen 
Revolutionary War 
NY. Contl line 
Warrant, No 519 
Alld 160 acres May 26/55
J. W. Quigg 
Ithica [Ithaca] N. York
Page 33

House of Reps [Representatives]
Jany [January] 30th 1844

Hon J. L Edwards

Dear Sir
I transmit herewith the pension papers of Mrs. Whalen who is a neighbor to me and very necessitous and I will be glad to have you give her case an examination as soon as you can consistently with other duties.
The case of Temperence Carey of Chemung Co. NY has been committed to my care.  The papers were sent to you by Mr. Maxwell on Nov. last.  When your decision thereon is made please send the papers for her to me instead of to Mr. Maxwell and I [struck through:  will] solicit for her a decision as early as may be.
Very Respectfully 
Your Obt [Obedient] Servt [Servant]
Amasa Dana
Page 34

Evidence in the case of Catherine Whaling [Whalen] to prove that she was married before 8 June 1783.

The widow swears she was married 10 May 1782.
Rufus Vargason thinks as early as 1782.  Whaling [Whalen] was absent after his marriage to applicant, reported to be in the service of the United States.
Elsey Vargason, sister of the applicant, says the marriage took place in [struck through:  1782] May 1782, and Whaling [Whalen] was in the service after his marriage.
Delila Longcoy was five years old at the close of the Revolution--says Whaling [Whalen] was engaged in the War after his marriage.
Page 35

April 5 1843
Walter Whaling or Whalen  N.Y. rolls

[ink stamp:  Ithaca NY Mar 30]
[ink stamp:  FREE]

Hon J L Edwards
Comr [Commissioner] of Pensions
Washington D.C.
Page 36

Ithaca NY Mar 30th 1843

Hon J L Edwards
Comr [Commissioner] of Pensions

Dr [Dear] Sir
I am requested to ascertain whether Walter Whaling (or Whalen) formerly of this place, or at least of this County (Tompkins) is still on the pension Roll.  He has been dead some years and his widow complains that she is unable to get his Penson [Pension] certificate from his former agent, and hence has arisen a suspicion that perhaps it is used improperly.  An early answer will oblige me.
Yours Repectfully
Amasa Dana
Page 37

Alb. [Albany] Dec 6/44

Hon. Amasa Dana.
Appeals on pension claims of Catherine Whaling
5303. Rec [received] Dec [December] 10/44

Pension Office

[illegible]

War Dept [Department]
Ans'd [Answered] 16 Dec [December] 1844
Page 38

House of Reps [Representatives]
Dec [December] 6th 1844

Hon. William Wilkins
Secy [Secretary] of War

Dear Sir
I am constrained to appeal to you from a decision of the Comr [Commissioner] of Pensions denying a Pension to Catherine Whaling [Whalen] of Tompkins Co. N.Y.
I have not the papers before me and having read them only once hastily, my recollection of the details may not be entirely acurate but I think I remember all that is material.  The only question is 9as I understand0 whether the marriage is sufficiently proved.  Mrs. Whalings [Whalen's] husband was a pensioner during many years & up to the time of his death.  She claims to have been married to him in 1782 and proves abundantly [struck through:  and] that they cohabited and were reputed to be husband and wife from that time until his death, a period of more than 50 years and that they had children of the marriage, the eldest born about the time of the close of the war.  The question is not as to the time of the marriage but whether they were married at all, or their intercourse of half a century was altogether meritricious.  No man can read the papers without being perfectly satisfied that the parties were legally married, the commissioner I am sure has no doubt on this subject; but still the fact is not positively sworn to, no witness testifies that he was present at the ceremony.  Can then the Commissioner
Page 39

officially credit a fact of the verity of which he has only a moral certainty?  The evidence is only presumptive or circumstantial--to be sure it is strong, very strong--sufficient to establish any thing but a right to a pension, yet the inference of marriage be by possibility be erroneous.  although such evidence is received in all judicial proceedings and held even in criminal cases to warrant convictions of the most flagrant crimes, yet it does not amount to demonstration, and perhaps nothing short of demonstration can justify a widow's thrusting her hand into the Treasury.  A tythe [tithe] of the cohabitation & acknowledgement proved in this case, would be sufficient in New York to establish a marriage on a question of heirship whatever might be the value of the estate in controversy, but the rule of evidence certainly ought to be much more stringent when an old woman's pension depends upon it, and not be satisfied with such trifles as a half century of cohabitation recognition & reputation.
I am not much of a lawyer and your Honor will pardon me if I mistake the point or reason inconclusively, but it really appears to me that the object of presenting evidence to the Com'r [Commissioner] is to convince him that the applicant is one of the persons provided for by the Statue.  When the evidence is so clear that it would be considered ample in every other case and under every other law and leaves no reasonable doubt on the mind of the officer himself, it seems strange to have an adverse decision, and that predicated on the technicality that a witness should be produced who was present at a transaction so remote that in the course of nature no such
Page 40

witness can be expected to survive.  It makes the Pension law a mockery.  Only a single parallel case occurs to me.  A defendant appeared before a magistrate in pursuance of a Summons to answer to the such.  Just as the cause was about to be called on he was so unlucky as to give offence to the Dispenser of Justice, who forthwith tumbled him neck O heels out of the office & bolted the door behind him.  Resuming the "seat judicial" he gravely called the defendant, entered his default for non appearance, and gave judgment against him.  I pray you not to let this be the ultimate fate of poor Mrs. Whaling.

I have the honor to be with great Respect
Your obt [obedient] Servt [Servant]
Amasa Dana
Page 41

Pension Office
December 12, 1844
Commissioner of Pensions
Report in the case of Catharine Whalen

War Dept. [Department]
See letter to Hon. A Dana
16 Dec 1846
Page 42

Pension Office,
December 12th 1844

Sir,
I have the nonor to make the following report upon the appeal of the Hon. A. Dana in the case of Catharine Whalen.
this claim is asserted under the Act of July 4th 1836, which requires that the marriage shall have taken place before the expiration of the husband's service, and hence it is asserted by claimant that she was married in 1782, and by the witnesses consisting of two of the family and a third who can neither read nor write that her husband was once in service after her marriage.  The only question is the sufficiency of the proof to establish the date of the marriage before the expiration of the husband's service.  All claimants are required, alike by the rules of evidence and the regulations of the Department, to sustain every material facts by the best attainable proof, and it is not unreasonable to maintain that an alleged marriage is susceptible of being proved by record or documentary until it is shewn that no branch of the family has a family record thereof.  But if that negative proof had been furnished the said evidence offered is wholly insufficient to establish the date of the marriage.
Her husband was enlisted in 1777 for the War in the
Page 43

first New York Regiment and served continuously in that Regiment till discharged on the 8th June 1780, and the improbability of a "Wars man" in Camp contracting marriage under an enlistment, of the termination of which he could have no knowledge, will justify the Department in requiring the most abundant and credible proof.  The witnesses shew an utter ignorance of the husband's service by saying he was once in service after marriage, when the fact was he had been five years continuously in service at that period and was bound to continue therein until the War ended.
She was required to state what she knew of her husband's service at and after her marriage, but this requisition is evaded.  Neither claimant, nor witnesses, have afforded any evidence that they had any knowledge of her husband's services.
The papers are herewith enclosed.

I have the honor to be, 
Very respectfully,
Your Obt. [Obedient] Servant
J. L. Edwards
Page 44

General Land Office
August 23 1855

Sir
In your letter of the 16th June you request this office to withhold the patent for Land Warrant No. 519  for 160 acres, issued, under Act of March 3 1853, to Catharine Whalen, the Warantee not being entitled to more than sixty acres.
In reply I have now to state that said Warrant has been returned to this Office by the Register of the Land Office at Stevens Point, Wisconsin, as located by John Adams, of Portage to Wisconsin, to whom it appears to have ben regularly assigned by the Warrantee.
The Warrant will be returned to your Office for proper Action, as soon as its location shall have been posted in the Tract books of this Office.
I am Sir
Very Respectfully
Your Ob. [Obedient] Serv [Servant]
Thos. A. Hendrich
Commissioner

Hon. J. Minot
Commissioner of Pensions
Page 45

No. 11.521
Catharine Whalen
N.Y.
Act 7 July 38

M. before 94. [illegible] 35
 around
2 yrs pre-
$80

Act 3 march 43
$80
No. 6825

Hon Amasa Dana
M.C.
Page 46

House of Reps.
Dec. 16th 1844

J L Edwards Esqr

Sir
I have just rec'd the decision of the Secy [Secretary] of War in Mrs. Whalings case and he decides against it because [struck through:  as he says] the application is under the act of 1836 and the proof not sufficient under that act.  He adds "The evidence would perhaps justify " an application for a Pension under the act of "July 7th, 1838"--I supposed the application to be under the latter act--if it had been pointed out that the claim had been made under the wrong act no appeal would have been taken.  I wish to have the application considered under the act of 1838--New papers I conclude cannot be necessary and as you have already examined & became familiar with the papers you will be prepared to decide at once.  I ask therefore on behalf of Mrs. Whaling a pension under the act of 1838.  An early answer will oblige me

Very Respectfully
Your Obt. [Obedient] Servt. [Servant]
Amasa Dana
Page 47

Ithaca December 2nd 1844

Hon. J. L. Edwards
Commr. [Commissioner] of Pensions

Sir
Having made my Declaration for a pension as the late widow of Walter Whaling and for revolutionary services performed by him under the law of Jul 4th 1836 now therefore I do by these presence [presents] withdraw all claim to a pension under that law and hereby assert my claim under the law of July 7th 1838 of which I shall be satisfied 

Catherine Whaling X her mark

Witness my hand this 2nd day of December 1844
W. M. Mellon
J.W. Quigg
Page 48

Catharine Whalen
Payment to be made at Albany
by Thos. W. Olcott Esq.
Agent for paying Pensioners, in the Agency of New York

Payable on the 4th September and 4th March

Recorded in the Pension Office on the Roll of Pensioners under act February 2nd, 1848, Page 240 Vol. 4

Leo. Jenkins  Clerk
Page 49

War Department
Widow's Pension

I certify that in conformity with the act February 2d, 1848,
Catharine Whalen,
widow of Walter Whalen,
who was a private in the revolutionary war, 
is inscribed on the pension list at the rate of Eighty dollars per annum, commencing on the 4th of March, 1848, and continuing for life, unless she should again marry; in which case the Pension is not payable after the time of such marriage.

Given at the War Office of the United States this Sixteenth day of June
one thousand eight hundred and forty eight.

W. L. Marcy
Secretary of War

Examined and Countersigned
J L Edwards
Commissioner of Pensions.
Page 50

6074
Catharine Whalen
NY
Act 4 July '36
Page 51

Evidence in the case
Catherine Whaling
Page 52

Abstract of Evidence, in the case of Catherine Whaling applicant for a pension under the Act of 4 July 1836, to prove that she was married previous to 8 of June 1785.

The widow says she is 80 years of age and was married on the 10th of May 1782.
Rufus Vargason aged 78 says that according to "common report in the vicinity" the marriage took place "several years before 1790" & thinks as early as 1782.  His present wife Elsie lived with her sister Whaling before her marriage to deponent and that whaling was absent at one time after their marriage and it was reported that he was in the service of the United States.
Elsey Vargason--aged 70--sister of the applicant, says the marriage took place in May 1782--that the deponent was well acquainted with the facts--that whaling was in service after his marriage
Delila Longcoy, aged 66,--her recollection extends back 58 or 60 years (1786-1784) at which time Whaling and the applicant were living together as man and wife, and had children as early as 1788--children on 10 years younger than this Deponent, born consequently in 1794--Recollects that Walter
Page 53

Whaling was engaged in the War of the Revolution after his marriage (she was but 5 years old then) and cannot be mistaken.
Page 54

A. H. Markland
Page 55

BANKING OFFICE OF J. THOMPSON, 
No. 2 Wall Street, New-York, June 5th 1855
J.W. Quiggs Esqr 
Ithaca N.Y.
Dear Sir:
I have received your favor of the 4th inst with enclosures as stated, viz: one 160 acre Land Warrant No 519 (new issue) In payment for which you will find enclosed my Certificate of Deposit for $171 20/100 Herewith you will also find a Circular in relation to Warrant. 
Catherine Whalen 
Respectfully yours 
[signed] John Thompson 
pBoate [?]
Page 56

STATE OF New York
Cayuga COUNTY. } ss  On this 7th day of October 1850 personally appeared before the subscriber a Justice of the Peace in and for said County, Catharine Whalen who being duly sworn according to law, doth on her oath make the following declaration in order to obtain the benefit of the Act, or Joint Resolution of Congress of 1st July 1848 
That she is the widow of Walter Whalen who was a Revolutionary pensioner of the United States 
Under the Act of March 18th, 1818, at the rate of ninety six dollars per annum, and that she is now in the receit [receipt] of a pension under the Act of February 2d 1848. at the rate of $80.00 per annum. That she has not intermarried, but continues the widow of the above mentioned Walter Whalen 
Her claim is made in order to obtain an increase of her pension to the same amount per annum that was allowed her husband to wit, ninety six dollars per annum, in Lieu of the amount now received by her under the act of February 2d 1848
[signed] Catharine Whalen
Subscribed and sworn to the day and year first above written before me and I certify that the above named Catharine Whalen is a credible person 
[signed] Harvey Heath Justice Peace 

STATE OF New York 
Cortland COUNTY. } ss
I Certify that Harvey Heath Esq. was on the 7th day of October 1850 a Justice of the Peace in and for the County of Cayuga, State of New York [crossed out, duly Elected and qualified] and that the foregoing signature purporting to be his is his genuine hand writing 
In witness whereof I have hereunto set my hand [crossed out, and affixed my seal of Office] this 11th day of November 1850
[signed]  H.S. Conger
Page 57

Dec. 9. 1844 
Catharine Whaling's [Whalen’s] acceptance Pension 
Act 1838 

6545 

Hon. J. L. Edwards 
Comr of Pensions
Washington
D.C.
Page 58

Ovid Dec 5th 1844 
Hon J.L. Edwards 
Comr of Pensions 
Dear Sir 
I beg leave to inclose acceptance for a pension under the law of July 7th 1838 of Catherine Whaling [Whalen]
I am Your Most Obt. Servt 
[signed] Arad Joy
Page 59

Inc [increase] to $96 per annum, dedg [deducting] former payts [payments] at $80 per annum 
Comg [commencing] 1 July 1848 

6545
Admd
Admitted

Hon H. S. Conger H of R
Hon W. T. Lawrence H of R
Page 60

Declaration  In order to obtain the benefits of the act of Congress of 2nd Febuary 1848 Entitled "An Act making further provision for surviving widows and soldiers of the revolution”
State of New York 
County of Tompkins } ss  On this 18 day of April 1848 personally appeared before the Subscribed a Justice of the Peace in and for the said County Catharine Whalen a resident of Ithaca in the County of Tompkins, aged Eighty Seven (87) 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 2nd February 1848 granting pensions to widows of persons who served during the revolutionary war; That she is the widow of Walter Whalen who was a soldier in the war of the Revolution and that she drew the sum of Eighty Dollars per annum under the act of 17th June 1844 She further declares that she is still a widow 
[signed] Catharine Whalen X her mark
Sworn to and subscribed on the year her and day above written Before 
[signed] Ch. G. Day J. Peace in for said County 

State of New York 
Tompkins County } ss  I Norman Crittenden Clerk of said County do hereby certify that Charles G Day Esq before whom the preceding affidavit purports to have been made was at the date of the same a Justice of the peace in and for said County Commissioned & sworn and duly qualified to take the same and further that I am well acquainted with his hand writing and verily believe his signature to the jurat thereto is genuine In witness whereof I have hereto set my hand and affixed the seal of the said County at Ithaca this 9" day of May A.D. 1848 
[signed] N. Crittenden Clerk
Page 61

State of New York. 
County of Tompkins  On this the 30th day of August 1855 personally appear before the subscriber a Justice of the Peace in and for said County & State Catherine Whalen aged ninety one years who on being duly sworn according to law doth depose and saith that on the 2” or 3" day of June 1855 she assigned to J. W. Quigg her land warrant No 519, for 160 acres that the assignment was made in good faith for she was informed that she was entitled to 160 acres that she has received her pay for said warrant That she is not able to refund the pay that she is poor verry poor, that she has not the means to get the warrant Back, That the notice to return the warrant she did not get till the --- day of --- that you will see was some time after I received and sold said warrant. That she ask the the caveat be removed from her Warrant No 519. That she has acted in good faith when she sold her warrant to J. W. Quigg
[signed] Cathjerine Whalen  X her mark
Sworn to and Subscribed before me this 30" day of August 1855 
[signed] C. G. Heath J. P. 

State of New York 
County of Tompkins  ss  On this the 30” day of August 1855 personaly appear before the Subscribe a Justice of the peace in and for said County & State John W Quigg who on being duly sworn according to law doth depose and saith that on the --- day of June 1855 he received from the Pension office a Land Warrant for 160 acres issued to Catherine Whalen No 519. That he bought the Warrant of her on the same day it was received in Ithaca  That I have paid her in full for her warrant That I had advanced to her before the said warrant was issued to her to live on That I bought the said warrant in good faith not having the least doubt but what she was entitled to the full 160 acres That I as soon as I bought the warrant I sent it to John Thompson of N. York and sold it to him that for the payment of the said warrant I received his Certificate of Deposit for $171.20 being the amount he paid me that the said warrant was sold to the said Thompson on the 5th day of June 1855 That I did not get the notice of the mistake in issuing said Warrant till the --- day of --- 1855 That it would be impossible to [illegible,. Receive any?] this back of the said Catharine Whalen for what I have paid her on account that she has nothing that the annexed Letter from John Thompson is for the amount of the said Warrant
[signed] J W Quigg
Subscribed and sworn the 30th August 1855 before me 
[signed] C. G. Heath J.P.   Doct Jenkins
Page 62

State of New-York,
Tompkins County Clerk's Office,
88.
I, EZRA WEAVER, Clerk of said County and also of the Courts in and for said
county, do hereby certify that C G Heath
Esquire, before whom the preceding declaration was subscribed and sworn, and whose name appears ...  the Jurat thereto, was at the date of the same an acting Justice of the Peace in and for said county, duly elected, sworn, and authorized to act as such, and to take the same. And further, that I am well acquainted with the handwriting of such Justice, and verily believe that the signature to the ceding Jurat is genuine.

In Testimony Whereof, I have hereunto subscribed my name, and affixed the seal of the said county and Courts, at Ithaca, this 30th day of August 1855
,
Ezra Weaver Clerk