Revolutionary War Pension and Bounty Land Warrant Application File W. 22600, Marmaduke Whipple, Mass. R.I.
Page 1

(3─1776)

SERVICE
Mass
R. I.

Whipple, Marmaduke
Wealthy

NUMBER
W. 22 600
B.L.Wt. 13194-160-55

CONTENTS
Page 2

[printed form, blanks filed by hand]

New York
====================
Wealthy Whipple
widow of Marmaduke Whipple
Mass.
who in the Revolutionary 
war, as a Private
=====================
Inscribed on the Roll at the rate of
29 Dollars 43
Cents per annum, to commence on
the 4th day of March, 1848.
====================
Certificate of Pension issued the
14 - day of Febry 1850
and sent to
Col. J. G. Berret
Present
====================
Recorded on Roll of Pensioners under act
January 2, 1848, Page 242. Vol. 4

Reported
Page 3

[page from Family Record]

[ 677 ]
FAMILY RECORD

MARRIAGES.
Marmaduke Whipple &
Wealthy Whipple was
Married in Adams in
C Massachusetts
December 11th 1783
Thursday Evening by
Elder Peter Worden
of the same place
Pastor of the Baptist
Church in the County
Berkshire

MARRIAGES.
James A. Whipple
Elizabeth Role
Married feb the 13 1833
Greenwich N Y
by elder Barber
Page 4

[page from Family Record]

[ 678 ]
FAMILY RECORD
BIRTHS.
Aretas Whipple Born
June the 2d 1784
in Adams in Massachusetts

Saratoga Febuary 18th
Joseph Petteys was
Born April 29 - 1761
Susannah his wife
was Born

Marmaduke Whipple
The son of Ephraim
Whipple & Prissilla
his wife
Born in Smithfield
in the State of
Rhode Island in year
of our Lord 1762

Delia C Whipple was
born Dec the 28, 1833

BIRTHS.
Joseph Petteys was born
September the third 1761
Susannah his wife was
Born April 29 1768
Mary Petters was born
July 31 ?ay 1788
Francy Pelleys was
Born November 26 1789
Betsy Petteys was born
September the 22 1791
Susanna Petteys was
born in June 1794
??cole Pelleys was
born March 15th 1796
the named persons
was the Children of the
said Joseph Petteys and
his wife Susannah
Page 5

[printed memorandum]

Memorandum
of the
FAMILY OF WHIPPLE,
from the year 1628, which was the year the three brothers came over from 
Wales in England, to America. There was
Names SAMUEL, ZEBULON, JOHN

Samuel and Zebulon settled at Norwich, and Groton, in Connecticut; John
at Ipswich, in Massachusetts, from whom came Ezra Whipple, whose family is recorded as
follows:
Ezra Whipple was married to Lydia Dow, at Plainfield, in Connecticut, December
1st, 1760.
Mary Whipple, born April 12, 1761, (first child.)
Olive Whipple, born Nov. 11, 1762.
Welthy Whipple, born March 3, 1764.
Jeremiah Whipple, born March 21, 1766.
Ezra Whipple, Jun. born September 2, 1768.
Lydia Whipple, born June 17, 1770.
Samuel Whipple, 
Roda Whiple born March 20, 1772. Twins
William Whipple, born February 18, 1774.
Lost one infant, December 31, 1775.
Hannah Whipple, born December 30, 1777, (died Aug. 4, 1779. )
Hannah Whipple, born December 2, 1779.
Lydia Whipple, mother of the above mentioned children, paid the great
debt of nature, December 20, 1779.
The before mentioned Ezra Whipple, was married to his second wife, Abigail
Barnum, a widow, who lost her husband in the revolution; his name was Barnabas
Barnum, an officer in the Revolution, and was killed the 12th of March,
1778, at Shelburn in the State of Vermont, by the Tories and Indians.
Ezra Whipple, was married to Abigail Barnum, February 27, 1780.
Barnum Whipple, born Oct. 14, 1781: (first child by second wife.)
Arty M. Whipple, born Nov. 9, 1783.
The above children were born at Adams, county of Berkshire, State of Massachusetts
Lucinda Whipple,
Sallinda Whipple,  ⎬ born July 31. 1786. Twins
Abigail Whipple the mother of the last mentioned children lost four infants
between the years 1786, and 1792.
John Whipple, born August 11, 1793. (Last child.) -- 21 Children.
The last mentioned children were born at Sunderland, county of Bennington,
State of Ve
mont.
Page 6

State of New York
County of Washington ss: On this 30 day of March 1846 personally appeared before me James J. Lowrie a Judge of the Court of Common Pleas in & for said County, Wealthy Whipple now resident in Greenwich in said County, aged Eighty two years, who being duly sworn according to law, doth on her oath make the following declaration in order to obtain the benefit of the act of Congress passed July 7 1838 entitled "an act granting half pay & pensions to certain widow's" viz. said Wealthy declares, that she is the widow of Marmaduke Whipple deceased, who was a soldier in the war of the revolution; that he was a native of Cumberland in the State of Rhode Island & during the said war lived in that town & as she believes did military duty, but she cannot name the officers under whom he served; she believes he served a part of the time in the Massachusetts troops & a part of the time in the Rhode Island troops - she believes he also served as one of the guard of the Magazine in said Cumberland. But she must rely upon the testimony of those who were knowing to his services for proof of the same - for which purpose she refers to the accompanying evidence.
And she further declares that she was married to the said Marmaduke Whipple on the Eleventh day of December 1783, in the town of Adams, Berkshire County Massachusetts, where her Father then lived, by Elder Peter Worden. That she retained the certificate of said Marriage for many years, but when it had become much worn it was copied into the family Bible-- the leaf of the Bible in which the same is entered in the hand writing of the said Marmaduke, being hereunto annexed. And she she has a distinct & positive recollection that she was in her 20th year of age when she was so married.
Page 7

And for proof of her age the refers to the annexed furnished memorandum, which is taken from the family records of her ancestors and printed & circulated among the decedents many years ago by her brother Barnum Whipple of the City of Albany for proof of whose character & respectability she refers to the present Secretary of War.
And the further declares that her said husband departed this life on the 25 day of December 1836 & since that period she has remained his widow. She was not married to him prior to his leaving the service but the marriage took place previous to the first of January Seventeen hundred & ninety four to-wit at the time above mentioned.
And the said Wealthy further declares & says that in as much as her husband was entitled to a pension under the act of June 7, AD 1832 but died without obtaining the same, she therefore claims all the arrears of  pensions of said act which were due him at the time of his death from the 4th of March 1831. And she requests that an order may be granted her to receive the same. [signature] Wealthy Whipple

Washington County ss: On this 30th day of March 1846 personally appeared before me the above named Wealthy Whipple with whom I am acquainted & made oath to the foregoing declaration subscribed by her, and I further certify that she is unable by reason of age & bodily infirmity to attend Court - and that she is a credible person & her statements are entitled to credit.
[signature] James I Lowrie a Judge of the Court of C. P. [Common Pleas] of Washington NY.

State of New York
County of Washington ss: I Henry Shepherd Clerk of the Court of Common Pleas in said County, do certify that
Page 8

James I Lowrie Esquire, before whom the foregoing declaration was taken is a Judge of the said Court duly commissioned &c & that his signature above is genuine
In Testimony whereof I have hereunto set my hand & official seal this 30th day of March 1846
[signature] Wm. R. Mills Dep Clerk of Court of C.P. of said County of Washington.

[illegible Court Seal affixed at left]

State of New York
County of Albany ss: I Barnum Whipple of Albany in the County of Albany aforesaid aged 65 do on my oath testify & say that Wealthy Whipple who has signed & sworn to this foregoing declaration is my sister - I collected the facts contained in the annexed printed memorandum from sources which I verily believe were authentic & caused the same to be printed & circulated among the family and I further certify that Marmaduke Whipple the husband of the said Wealthy departed this life December 25. 1836 & from that him the said Wealthy has remained his widow. I have often heard the said Marmaduke say he was a soldier in the war of the revolution. He was a native of the State of Rhode Island.
[signature] Barnum Whipple
Inscribed & sworn to this 4th day of April 1846 before me - & I certify that Barnum Whipple who signed the said deposition is a person entitled to the fullest confidence.
[signature] Peter Gansevoort First Judge Albany County Courts-

City & County of Albany ss: I William Mix Clerk of the Court of Common Pleas in & for said County do certify that Peter Gansevoort - was at the date last when mentioned & now is First Judge of the County of Albany & qualified to
Page 9

administer oaths & that his signature above written is genuine.
In testimony whereof I have hereunto set my hand & official seal this 4th day of April 1846
[signature] William Mix Clerk
of the Court of C P. of
Albany Co W. S.
Page 10

In the matter of Wealthy
(widow of Marmaduke )
Whipple - Pension Claimant
==================
Probate of death of husband 
etc
==================
Page 11

The People of the State of New York.
To all to whom these presents shall come or may concern - Send Greeting.
Know ye, that at a Surrogates court held in and for the County of Washington in our said State at Sandhill in said County before Luther Wait Esquire Surrogate of our said County on the sixth day of May 1846 satisfactory evidence has been adduced to prove that Marmaduke Whipple late of Greenwich in said County departed this life on the 25th day of December in the year one thousand Eight hundred & thirty six (1836) - that he left a widow heir surviving named Wealthy whose maiden name was also Whipple, who has not been again married since the death of the said Marmaduke, and that she the said Wealthy continues to reside at Greenwich aforesaid.  All which is accordingly certified by these presents.
In testimony whereof we have caused the seal of office of our said Surrogate to be hereunto affixed.
Witness Luther Wait Surrogate of our said County of Sandhill aforesaid this sixth day of May (1846) one thousand Eight hundred & forty six
[signature] Luther Wait Surrogate

[illegible Seal affixed at left]
Page 12

[printed form, blanks filled by hand.

[image of State Seal at top left]

Commonwealth of Massachusetts.
Secretary's Office, Boston;
Feb 21, 1846
I hereby Certify, That, from an examination of the Books and Documents, relating to Military Services in the War of the Revolution, which remain in this Department, it appears that the name of Marmaduke Whiple (so spels) is borne upon a Muster Roll for State Bounty of Capt Moses Wilmarth's company, in Col John Daggetts regt. as a private from January 1778 2 months and 25 days. The above is all the evidence of service of any one of the name shown by the Military Records in this Office.
Page 13

and I further Certify, That, before search made for evidence of said facts, the application hereto annexed was filed in this Office, in the form in which the same now appears; that the
search was made by myself and my clerks alone; and that said application, and the certificate above set forth, contain all the facts and circumstances within my knowledge, pertaining to the case.
In Testimony Whereof, I have hereunto affixed the Seal of the Commonwealth, the date above written.
John G. Palfrey
Secretary of the Commonwealth
Page 14

Greenwich New York June 22 1845
To the Hon Secretary of Massachusetts
Sir
I wish the records of the services of the soldiers of the Revolution now in your office to be examined for the services of Marmaduke Whipple.
He performed some services in Massachusetts Troops but I am unable to state the officers names and in consequence of which I believe I am entitled to a pension under the act of Congress as his widow.
[signature] Wealthy Whipple

A matross living in Attleboro says he served 3 mo [months] with Marmaduke Whipple in Capt Wilmarth, Co Col. Daggetts Regiment.
B. C.
Page 15

I Welcome Jencks of Cumberland in the County of Providence & State of Rhode Island aged seventy six on oath do testify and say that I was well acquainted with Marmaduke Whipple formerly of said Cumberland when I was a boy about Eight years old I remember seeing Marmaduke on guard guarding the Magazine at said Cumberland. According to my best recollection he was one of the guard for a year or more. Squire Fiske had the Command of the guard. I remember the year he stood guard was the year the battle was on the Island of Rhode Island in Sullivans Expedition
[right] his
[right] Welcome X Jencks [X being his mark in lieu of signature]
[right] mark

Attest [signature] Leonard Wakefield

Providence sc In Cumberland May 22d 1846
Personaly appeared before me the above named Welcome Jencks and made oath to the truth of the above deposition by him Signed & I further certify he is a creditable witness in the premises
[signature] Leonard Wakefield Justice of the Peace
Page 16

I Abner Ballon of Cumberland in the County of Providence & State of Rhode Island aged Eighty three years on oath do testify and say that I was well acquainted with Marmaduke Whipple formerly of said Cumberland. I have distinct recollection that in the year 1780 said Whipple & myself served a month together in a company of Militia under the command of Lieut. Jeremiah Scott the Captain was absent. we were stationed on the Island of Rhode Island. We marched on the 6th day of March & were discharged the 6th day of April following. After the war said Whipple went away to the westward and I have not seen him since. This was the only service I served with him, but he told me he had been other services. He was then upwards of Twenty one years of age
[signature] Abner Ballon

Providence Sc In Cumberland May 21. 1846
Personally appeared before me the above named Abner Ballon & made oath to the truth of the above deposition by him signed & I further certify he is a creditable witness in the premises
[signature] Leonard Wakefield Justice of the Peace
Page 17

I Jemima Lapham of Cumberland in the County Providence & State of Rhode Island aged Eighty four years on Oath do testify and say that I am widow of James Lapham State of said Cumberland who was a pensioner at the time of his death. I have often heard my Husband speak of one Marmaduke Whipple who was also a soldier of the Revolution. I have heard him say they served together same time his Brother Married my sister.
[right] her
[right] Jemima X Lapham [X being her mark in lieu of signature]
[right] mark

Attest
[signature] Leonard Wakefield

Providence sc In Cumberland May 22d 1846 
Personally appeared before me the above named Jemima Lapham and made oath to the truth of the above deposition by her signed & I further certify she is a creditable witness in the premises.
[signature] Leonard Wakefield Justice of the Peace
Page 18

I Ebenezer Miller of Cumberland in the County of Providence and State of Rhode Island being now in the seventy seventh year of my age on oath do testify and say that I was well acquainted with Marmaduke Whipple formerly of said Cumberland I remember that he was a soldier of the Revolution in the time of the War there was a magazine of military stores in said Cumberland and there was a guard there to watch and guard it I have a distinct recollection that when I was a boy about nine or ten years old I used to go up to the guard House to beg powder I lived about a mile from it I presume I went there a dozen times during one season for that purpose. I most every time saw Marmaduke Whipple when I went there he was one of the guard, during the time the British were in possession of Newport he served as one of the guard as much as twelve months and I think more once or twice he was called to Newport on alarm. I know several other of the guard, one Joseph Brown, one Ebenezer Darling. I remember once or twice Capt Levi Gowen sent his man to take Marmaduke's place when he was gone to Newport on alarm I remember also Marmaduke Whipple used to at the time wear white gaiters on his legs with a black strap at the top. My Father used to keep Liquors to sell and Marmaduke and others of the guard used  to come there to buy sum [sic], of all the above facts I have a distinct Recollection. I also that James Tapham was another of the guard.
[right] his
[right] Ebenezer X Miller [X being his mark in lieu of signature]
[right] mark

Attest
[signature] Leonard Wakefield
Page 19

Providence sc In Cumberland May 22d 1846
Personally appeared the within named Ebenezer Miller and made oath to the within deposition by him signed before me & I certify he is a creditable witness in the premises
[signature] Leonard Wakefield Justice of the Peace
Page 20

I Lois Baker of Cumberland in the County of Providence & State of Rhode Island on oath do testify &  say that I was well aquainted with one Marmaduke Whipple that I am now Eighty nine years old. said Marmaduke worked for my Husband some time during the revolutionary war. she has no distinct recollection that the said Marmaduke was one of the guard that guarded the magazine in Cumberland of continental stores of the army, this was the year of Sulivans Expedition according to my best recollection in the year 1778 - he served according to my best recollection several months that summer.
[right] her
[right] Lois X Baker [X being her mark in lieu of signature]
[right] mark

Attest 
[signature] Leonard Wakefield

Providence sce In Cumberland May 2d 1846
Personally appeared before me the above named Lois Baker & made oath to the truth of the above  deposition by her signed and I further certify her to be a creditable witness in the premises
[signature] Leonard Wakefield Justice of the Peace
Page 21

1
128213 [or 128V3]

Welthy Whipple
N.Y.
Act 7 July '38

I do not think that
the Cumberland
guards were in
the military services
so as to being thus or 
belonging to it when the applicant [illegible] [illegible] 
the pension [illegible]
W L Marcy
20 February [18]49
Page 22

I Benjamin Cowell of the City of Providence do on oath certify & say that I have in my possession several account books which belonged to Asa Waterman a Commissary of the army during the war of the Revolution, stationed at Providence, containing accounts of provisions delivered as it appears to several regiments companies Guards & for others which books were put into my hands by the children of said Waterman, since the act of Congress granting pensions to widows were passed and I further certify that I find in said books the following entries of provisions delivered to sundry individuals for the "Cumberland Guard" at the following dates to the following named persons, to wit.
1777 
May 10. to "General Spencer for Cumberland Guard"
July 15. "John Watts Lieut. for Cumberland Guard"
Page 23

1777
Aug 24 "Christopher Whiplep Sergeant for Cumberland Guard"
Sept 24 "Col Bowen to Russel Angell Lieut for Cumberland Guard"
Nov 16 "Kingbury A D C. to Jothan Carpenter for Cumberland Guard"
Dec. 13 "Aaron Newell for Cumberland Guard"
1778
Jany 14 "Thomas Joslin for Cumberland Guard"
April 1 "Jothan Carpenter for Cumberland Guard"

and I further certify that from said Book from which the two last entries were taken, many leaves subsequent to the last entry appear to have been torn out of said book.
[signature] Benj'a Cowell
Providence May 25 1846
Page 24

Providence ss. in Providence on the twenty fifth day of May 1846. Personally appeared the within named Benjamin Cowell and on oath declared the preceding affidavit by him subscribed is correct.
I further certify he is a credible witness.
[signature] Franklin Greene
Jus. Peace

State of Rhode Soland & Providence Plantations.
Providence, sc. }
I, Albert G Gicene, Clk
of the Municipal Court of the Municipal Court of the City of Providence, in the County of Providence in said State, do hereby certify, that Leonard Wakefield who has signed five of the annexed Certificates, was on the days of the dates thereof a Justice of the Peace, within and for the town of Cumberland in said County, duly elected; and that Franklin Greene, who has signed the aforegoing Certificate and on the day of the date thereof a Justice of the Peace within & for said City of Providence, duly elected.
In attestation whereof I have hereunto set my hand and have affixed the seal of said Court this 28th day May A.D. 1846. 
[signature] Albert Greene
Clerk

[illegible Court Seal affixed at left]
Page 25

107375
April  30 / [18]55

Wealthy Whipple widow
Marmaduke Whipple wid.
Marmaduke Whipple
Marmaduke Private
Massachusetts Militia
Ent[itled?]
L
Revolutionary war

Revolutionary  pensioner
New York reg 48 -5340
Ad: 160 Acres, December 24/[18]55,
[signature] Boynton,
H.L. Lansing
Albany New York
[Angled across page]
No 13194 is [issued] December 28/[18]53 

Volume W1. page 142
Page 26

=============
Bounty Land Claim
=============
Declaration of Wealthy 
Whipple of Union Village 
in State of New York widow 
of Marmaduke Whipple
107575
=============
Revolutionary War
=============
Henry Q. Lansing Atty 
City of Albany
=============
Page 27

[printed form, blanks filled by hand]

DECLARATION.
REVOLUTIONARY WIDOW FOR BOUNTY LAND.

STATE OF New York
COUNTY OF Washington ⎬ss.
On this 19th day of April 1855 before me, a Justice of the Peace in and for said county, personally appeared Wealthy Whipple aged ["88" lined thru] 91 years, a resident of Union Village in said county, who being first duly sworn according to law, doth on her oath make the following Declaration, in order to obtain the Bounty Land to which she is entitled under the act of Congress, passed March 3d, 1855, that she is the widow of Marmaduke Whipple who was a private in the Revolutionary War, and for the service of her husband aforesaid she now receives a pension at the rate of twenty nine dollars per annum, under the act of Congress, passed Feb. 2 1848 For evidence of the services of her husband aforesaid, this declarant
refers the Department to the evidence on file in the Pension Office at Washington, and requests the Land Warrant forwarded to her Agent Henry Lansing Esqr of the City of Albany
She further declares that she is now a widow; and that she has not received or made application for bounty land under this or any other act of Congress.
[signature] Wealthy Whipple

Subscribed and sworn to before me, this 19 day of April 1855 }
I certify that Wealthy Whipple is the identical person above named and described. And I further certify that I have no interest whatever in the result of the matter above referred to. I further certify that the figures 88  were erased before explained.
[signature] C. R. Ingalls
Justice Peace

STATE OF New York
County of Washington ⎬ss.
Hiram A Thompson and William P Mowry of Union Village in said county, who are credible and competent witnesses, being duly sworn, deposeth that Wealthy Whipple is the identical person above named and described.
[signature]Hiram A. Thompson
[signature] William P Monry
Subscribed and sworn to before me, this 19th day of April 1855 
[signature] C R Ingalls Justice Peace

State of New York
COUNTY OF Washington⎬ss.
N.B. Milliman Clerk of the County aforesaid, do hereby certify, that C R Ingalls is and was at the within date, a Justice of the Peace within and for said County, duly qualified and authorized by Law to administer oaths for general purposes, That I am well acquainted with the hand writing of said C R Ingalls and verily believe his signature within written is genuine.
In testimony Whereof, I have hereunto subscribed my name and affixed the official Seal of said County, this 19th day of April 1855
Geo. B. Strow. Dep. CLERK

[Court Seal affixed at left]

Certify [?]
Page 28

12823
Welthy Whipple

Let B Conde July 24/46
Let B Conde Sept. 26/46.
Let B. Conde Oct. 17, 1866.
Let B. Conde Nov 2 : 66
Le Wm. E. D. Culea Jany 22 '47
Barnum Whipple, March 8, 1847.
July 7, 1838.
Let to U{illegible] Mercy Nov 1 - 47
Page 29

5
13.194
{
New Army
Page 30

Pens [Pension] Act 2d Feb : 48. N.Y.
[signature] Boynton
Page 31

Rev
WIDOW, &c.

22.600
Wealthy Whipple
Widow of
Marmaduke Whipple
Pri Rev War
Feb 2d 48
Vol. M, Page 333
[Arrangement of 1870.]
Page 32

[printed form, blanks filled by hand]

32693 A
New York
====================
Marmaduke Whipple dec'd
of Washington in the State of New York
who was a Private in the Company commanded
by Captain ______ of the  ______commanded
by __________ in the _________
line for 8 mo & 25 days
====================
Inscribed on the Roll of Albany
at the rate of 29 Dollars 43 Cents per annum,
to commence on the 4th day of March, 1831, & end
25 Decr 1836, when he died.
====================
Certificate of Pension issued the 14th day of
July 1850 and sent to
Col. J. G. Berrett, Present
====================
Arrears to the 4th of _______
Semi-annual allowance ending _______
Payable to his widow
Wealthy Whipple
{ Revolutionary Claim, Act June 7, 1832. }
Recorded by [signature] J P Chase Clerk
Book E 2 Vol. 4 Page 83
Page 33

10842 A
New York
====================
Wealthy Whipple
Widow of Marmaduke Whipple
who was a pensioner under the Act of [?]32
132and who died on the 25 Dec'r 1836
of Washington Co. in the State of New York
who was a Private in the Company
commanded by Captain ________ of the
_______ commanded by _______ in
the ________________ line for 8 mo 28 days
====================
Inscribed on the Roll of Albany
at the rate of 29 Dollars 43.
Cents per annum to commence on the 25th day of
Dec'r 1836.
====================
Certificate of Pension issued the 14th day of
February 1850 and sent to
Col J. G. Berret, Present
====================
Perret, Present
Total amount, $ _______
[Act July 7, 1838.]
Recordef by [sighature] J. P. Chase Clerk,
Book C Vol. 1 Page 533
Page 34

[printed form, blanks filled by hand]

8757
New York
====================
Wealthy Whipple
widow of Marmaduke
who was a Private
in the Revolution
for 8 mo. 25 days
====================
Inscribed on the Roll at the rate
of 29 Dollars 43
Cents per annum, to commence
on the 4th day of March, 1843.
====================
Certificate of Pension issued
the 14 day of Febry '50
and sent to
Col. J. G. Berret
Present
====================
[Acts of March 3, 1843 & June 17, 1844.]
Recorded in Book A Vol. 2 Page 90
Page 35

Providence Aug 17 1846
Sir  
I received yours of 24 ult respecting the claim of Wealthy Whipple The only objection, it seems, to the allowance of the claim is that the Cumberland Guard to which he belonged was a "civil guard". This objection has been raised once before, but obviated by the evidence from  the Archives of the State, and I now enclose further evidence showing conclusively that this was not a civil but a military guard
It was established by order of General Spencer a Major General of the United States commanding in this Department soon after the British army took possession of Newport, Lieut Squire Fiske had the command of it, It received its rations from the Commissary of the army as appears by the Commissary Books, extracts from which duly attested to by me, were sent to the Pension Office with her other papers, and the men received the same pay bounty & rations as other inlisted soldiers It was therefore a military service & has always been allowed as such by you, that is, after evidence of its true character had been furnished There was a large Magazine Kept in Cumberland during
Page 36

the time the enemy were in this State, It was kept them for its better safety
Hoping & expecting the evidence now furnished will be satisfactory and sufficient to shew the military character of this Guard I hope the claim will be allowed I ask not nothing for Mrs Whipple but what has been allowed to others after due consideration.
I am Respectfully
Yours &c
[signature] Benj'a Cowell


J L  Edwards Esqr
Page 37

Copy of J. L. Edwards
letter Nov 2. 1846
Page 38

Pension Office Nov. 2 1846
Sir
In reply to your remarks in the case of Wealthy Whipple, it will be sufficient to state, that the declarations of James Lapham and George Dexter particularly describe the service of the Guard at the Cumberland Magazine, and shew conclusively that it was not a military Corps in the Contemplation of the pension laws. Dexter was not allowed for that service. If Jemima Lapham is allowed for it it was probably because her husbands pension had included it, and your argument in the case, was not confronted with the definite facts sworn to by him in describing the service by turns at night with two or three others from August 1778 to Sept. 1779 during which time he was drafted and served two tours in Capt Whipples Company. He estimated his services in the night guard at five months in the periods designated.
This narative [narrative] of that guard service is Confirmed by Dexter & the declarations of both
Page 39

were drawn up by you
I am very Respectfully
Your Obt Servant
(Signed) J. L. Edwards

Benjamin Cowell Esqr
Providence Rhode Island
Page 40

Providence May 28 1846
Sir
I hereith enclose the application of Mrs Wealthy Whipple widow of Marmaduke Whipple  for a pension, her husbands services in Massachusetts Troops is certified by the Secretary of that State & one month in Rhode land Troops is proved by Alice Ballon.
But with input to his services in the "Cumberland Guard" and the greated part of his services were in that guard there, is now no person known to be living who belonged to it. This Guard was established soon after the British took possession of Newport and was kept up until they evacuated nearly there years from Dec 76, The evidence, however, that Marmaduke served in it is ample, herewith entered. In confirmation of Jemima Laphams testimony I refer you to her husband James Lapham declaration who claimed & was allowed I believe, a months service in that Guard only. It is believed Whipples service was much as 11 months in it.
I am respetfully yours
[signature] Benja Cowell

J L Edwards Esq
Page 41

Providence Oct 7 1846
Sir
In answer to yours of 26 Ult respecting the claim of Wealthy Whipple I herewith enclose further testimony which I am confident must satisfy you of the Military character of the "Cumberland  Guard" in which her husband served in December 1776 the British invaded Rhode Island with a forceful army shortly afterwards the Legislature met and among other Acts appointed a Council of War.
(see the act marked A) which Council had all the authority confered upon it, to act in the recess of the Legislature, which the Legislature itself possessed. The Council of War placed all the military forces of the State under the command of General Spencer a Major General sent by  General Washington to take the command in Rhode Island. This will be seen by the proceedings of the Council of the War herewith enclosed. General Spencer was recognized as "Commander in Chief" and consulted on all occasions as such (see the proceedings of the Council of war marked from 1 to 8, also Act of the Legislature marked B&C) and as such established the "Cumberland Guard". It will not be denied that this was incidental to his power, as the
Page 42

Commander in Chief even if no authority had been given him by the Council of War.
But the Council of War  by their proceedings of June 17. 1778 (see No 9) expressly recognize this Guard as a military guard They declare it was kept in Cumberland by order of General Spencer and they required his authority to do so by passing an order that Squire Fisk should be paid certain sums out of the General Treasury expended in its support.-
But still further to shew the Military character of this Guard, it will be seen by extracts from the Books of the Commissary that provisions were delivered from his store to this guard in the same manner as to any other troops. If it had been a police guard the town of Cumberland no doubt would have furnished the provisions. But they were supplied by a United States Commissary stationed at Providence by order of the Commander in chief. If you desire any evidence that Asa Waterman was such a Commisary the settlement of his accounts now in the archives of the government will shew it
Agreeably to direction also I herewith enclose a certificate of the appointment of Squire Fisk a Lieut. This Guard was under his superintendence a part if not all the time it was kept, Hoping & expecting the evidence will now be sufficient & satisfactory, to the
Page 43

Department & that this claim may be admitted-- I remain Very Respectfully
Your Obt servt
[signature] Benja Cowell

PS. Perhaps I ought to say that many of the books of Asa Watermen have been in my possession, since 1837 when his children applied for the arrears of pension in right of their mother due for his services as  Commissary & their claim was allowed
Their mother's name was Lilley at the time of her death having married a second husband

J L Edwards Esq
Page 44

Providence Sept 20. 1867
Benj. Cowell.
Pension for Wealthy
Whipple -
6.269. Recd Sept 22/47
Pension Office.
M Avery
Page 45

Providence Sept 20 1847
Sir
The claim of Wealthy Whipple of Greenwich in the County of Washington N.Y. widow of Marmaduke Whipple formerly of Cumberland in this State and a soldier of the Revolution for a pension under the act of Congress of June 7 1838 was transmitted by me to the Commissioner of Pensions May 26 1846. The evidence in support of the marriage was satisfactory Nor was any objection raised as to the length of time her husband served, But an objection was taken to the character of a portion of the service. It was objected that the service was not of a Military character to wit that part performed in a Guard established in Cumberland to guard the Military stores removed to that town sometimes called the "Cumberland Guard" in the documents, and sometimes the "Magazine Guard"
The Commissioner of Pensions objected that this was not a military guard but only "civil watch" or "police regulation" of the town. In behalf of the claimant I contended that this was a military Guard and produced such documents from the archives of the State, as I thought could
Page 46

not but be satisfactory. The Commissioner however thought otherwise & decided against the claim  and Mrs Whipple now wishes me to appeal to you for an examination of her claim.
To prove the military character of this Guard I refer you in particular to the order of the Council of War of June 17 1778 & to extracts from the Books of the Commissary certified by the Secretary of Rhode Island among the documents transmitted. By these documents it will appear that this Guard was established by order of General Spencer Commander in chief of the forces then in Rhode Island. It will appear too that this Corps was paid in same manner as other troops were & supplied with rations from the stores of the U. S. Commissary in the same way other soldiers were. There are among the papers many other documents shewing that General Spencer had the whole control of the Military movement in this State. When the British invaded this State in December 1776, it may be proper to state, the Military stores were removed from this City to Cumberland for safe keeping and a Guard was established to guard them by order of the Commanding General
Was this a "Military Guard" or "Civil Watch" is the whole & sole guestion. For my view of this question of you to my
Page 47

letters of Aug 17 October 7 & Oct 23 1846-
I would also state a fact not before mentioned that the records of the town of Cumberland have been examined, and no record whatever is found to shew, that the town or its authorities had any thing to do with this Guard in any manner whatever
If it had been a "police watch", some record of it must have been found, I take the liberty to
say further, that several pensions have been allowed for services in this same Corps. I refer you to the claim of George Dexter & Jemima Lapham widow & James Lapham now on file in the War Department, be allowed for same services and the latter after the sameobjection had been
made obviated, I ask for nothing for this widow but what is, strictly speaking just & right.
I am very Respectfully
Your obt svt
[signature] Benja Cowell


Hon Wm L. Marcy
Page 48

Providence Dec 9 1846
I have been endeavouring to obtain a pension for Wealthy Whipple widow of Marmaduke Whipple formerly of Cumberland in this State Mrs Whipple lives in Greenwich and Mr Baker your partner attended to the taking of her declaration & sent it to me.
The services for which she claims are about 3 months in Massachusetts Troops, one month in Rhode Island Militia & about 9 months in the "Cumberland Guard" a Guard established by order of Major General Spencer to guard the Magazine removed from this city to Cumberland when the British invaded this State in December 1776. The Marriage & all the services and admitted but the Commissioner of Pensions denies the military character of this Guard. He says it was but a "hired Watch". In reply to such objtion [objection] & to shew it was not such a "watch" I have sent forward documentary evidence, that this Guard was established by order of General Spencer a General sent here by Congress to take the Command of all the forces in this State, that it was paid in the same way & manner other troops were and that rations were
Page 49

dealt out to it, in same manner by the Commissary as to other troops
You will find all this full & complete in the case. Several letters have passed between the Commissioner and myself in this Case and a Copy of my last letter & his reply is herewith enclosed. In my letter you will see the grounds I have taken upon the facts in this case, you will greatly oblige this reputable woman as well as myself if you will go to the Pension office & examine the documents in the case & see if you cannot induce the Commissioner to alter his opinion but if not, I wish you to take the claim to the Secretary of War, in my mind there is not a shadow of a doubt but this was a military Guard & within the premises of the act of Congress of June 7 1832.
You will also see by my letter that the Commissioner made this same objection once before in the case of another widow, but in that case as soon as I sent him extract from the Commissary books & the order of the Council of War of June 1778 he was satisfied & granted the pension & shortly afterwards granted another pension to George Dexter for same services.
In the Commissioners reply to my letter you will see that he says that "Dexter was not allowed
Page 50

for that service" You will find upon examination Dexter was allowed for it & without it he did not serve six months.
The order of the Council of war to which I have refered & upon which I have made some remarks, was as follows
"Council of war June 17 1778 
John Fisk having presented abstract pay Acts for ye Magazine Guard kept in Cumberland by order of General Spencer being duly considered ordered that the bounty only be paid and the Auditors having certified that there is due for the bounty only £6.0.8 lawful money on one of said Acts & also the sum of £18.12.0 on the other, it is resolved that said same be paid to Squire Fisk out of the General Treasury. Ye the said John Fisk having given him an order to receive the same"
My remarks on this order as well as on the extracts from the Commissary book now in the pension office, you will see in the Copy of my letter now enclosed
I have but very seldom ever asked the Secretary of War to review the Commissioners decisions (never I believe but one) but this is so clear a case, I feel obliged to do it, unless you can induce the commissioner to alter his decision himself,
Page 51

This ol Lady being a townswoman of yours & justly deserving a pension
I hope you will excuse the liberty I have taken & interest yourself in her behalf.
I am very Respectfully
Your Obt Servt
[signature] Benja Cowell

PS Should a certificate be granted you will please send it to me

Hon E D Carlsen[sp]

[right side, on edge.
10
B. Cowell's
Wealthy Whipple
Case 
Sent Com'r 12 Jay [January?]
Page 52

Providence Jany 4 1856
Dear Sir
I herewith enclose the certificate of the Town Clerk of Cumberland agreeably to your request of 23 Ult, in the case of Wealthy Whipple
This shows that the Magazine Guard was not employed or supported by the town & as it was established by order of General Spencer the Military Commander of all the forces in R Island, sent here by General Washington & the rations were delivered by the Commissary of issues, it appears to me there is no escaping the conclusion that it was a Military Guard- Besides if you will observe the language of the order of the Council of War you will see that "pay abstracts & bounty" &c are spoken of, This is not the language used in contract for wages, -But besides all this, George Dexter was allowed 7 months service, 6 of which were in this Guard ,as soon as I sent the order of the Council War, a Copy of which was in my last letter, a pension was granted, and I thought there could be no objection to this claim on such ground as has been taken, certified copies of the Council of War & provisions
Page 53

delivered by the Commissary will be found among the papers.
I did not make any particular bargain with Mrs Whipple what part I was to have for the business only that I was to be liberally paid if successful. But whatever I get I will divide equally with you if you are successful.
I am respectfully
your obt servt
[signature] Benja Cowell


James G Berret Esqr.
Page 54

Providence Oct 23 1846
Sir
I received your letter of the 19 inst respecting the claim of Wealthy Whipple and Sir, I respectfully request a reconsideration of that claim upon the evidence. I am most fully persuaded you are mistaken in your views of the character of the "Cumberland Guard". Your decision in this case is directly at variance & at war with your former decisions & with one or two in particular as relates to this very Guard. In the case of Jemima Latham an applicant for a pension under the act of July 7 1838, if you will turn to your letter to me of Aug 12 1843 you will see the same objection made to the character of this guard, but upon producing the evidence shewing it was a military and not "hired watch" as you supposed it to be you allowed her claim, the same evidence which induced you to allow her claim has again been produced in Mrs Whipples case altho in a much more ample manner. After a full consideration of the objection & the evidence produced you decided it was a "Military Guard" & allowed her pension. If decisions are to vary in this manner, besides the injustice done to
Page 55

individuals, the effect will be to render them arbitrary.
If ever there was a military guard in R. Island during the war of the Revolution this was one. The enemy, in December 1776 invaded the State. There was a large quantity of military stores & munitions of war in Providence. General Spencer as "Commander in Chief" of all the forces in Rhode Island ordered these stores removed to Cumberland & establishes a Guard there to guard them. This Guard probably taken from the Militia, does military duty by order of the Commander in Chief. This guard draws rations from the stores of the United States Commissary stationed at Providence. They are paid by the State as other troops are. They armed and equipped as other soldiers are and in no respect whatever did they differ from other Military guard, of which there were several. It will be seen too that in every instance without one exception, that when rations were dealt out to this Guard, by the Commissary they were delivered either to a commissioned or non commissioned military office. If this Guard had been a gang of Laborers or hired men would this have been so it cannot be supposed. You observe in your letter "Squire Fisk was employed not enlisted" The evidence shows that Squire Fisk was Lieut
Page 56

duly commissioned and as such had the Command of this guard. This shews its Military character, Besides, by looking at he order of the Council of war of June 17 1778 you will see that this Grand received a "Bounty" This shows that it was placed upon the same fasting as other troops, who were paid Bounties. I would ask if Laborers or "hired" men ever received bounties in addition to their wages. But further than this, this order of the Council of war refers to pay abstract "Pay Abstracts". "Pay Abstract Accts". Such phrazeology is not used, I might add never, in settlements with hired men but is invariably used in paying the Military. This phrazeology condusively shews too, that the Council of war considered this a military organization, otherwise they would have never spoken of "Bounties & Pay Abstracts" & in reference to it, General Spencer himself also considered it a Military Guard for as Commaner in Chief he established it & ordered it paid & rationed in the same manner other guards were.
I must add that subsequently to the granting a pension to Mrs Latham you granted a pension to George Dexter, most all of whose services were rendered as a private in this very Guard, His claim had been pending for several years
I am respectfully yours
[signatue] Benja Cowell

J.L. Edwards Esqr
Page 57

Pension Office
November 1st 1847
Comm'r of Pensions
Report in the Case
of Wealthy Whipple
Page 58

Pension Office
November 1st 1847
Sir
I have the honor to submit the papers of Sally Whipple upon an appeal of Mr Cowell and submit the following report.
This is a claim founded upon the employment of her husband as a Night Watchman at the Rhode Island Magazine in Cumberland from August 1778 to September 1779, under the orders of Major General Spencer.
My letter of the 2nd November 1846, (No 11) will apprize you of the grounds upon which that alleged service has been decided to be civil employment, and not a military service under the law martial in an organized Military Corps which is the only ground of a right to a pension.
That this was under civil contract is conclusively shown by the fact made out in claimants papers that those engaged in it were drafted for their tour of Military duty to which they could not have been subjected, if they were already in military service
I have the honor to be
Very respectfully
Your Obt Servt
[signature] J L Edwards

Hon. A. L. Marcy
Secretary of War
Page 59

Jany 9 1843
R I
G? Descn 6
Addd proof [Additional proof]
Page 60

Washington Jan 7 1844
Sir
Enclosed is the application of George Dexter together with additional evidence of his services recently discovered among the archives of the State of R Island & from an old Commissary back in my possession, or rather it applies to the character of his services while in the guard under Major Fiske. This application was sent by me to the Pension office many years since & was returned to me by you & has remained in my office ever since. He has again requested me to prersent for allowance, his claim.
Permit me to add that, as respects the service in the Cumberland Guard under Major Fiske, the widow of James Lapham whose affidavit is annexed to his declaration, has been allowed for it five Months. Mr Dexter also served one month in Sulllivans expedition & one month in 1780 besides his services in watching the Beacon pole in 1777- Mr Dexter is now
Page 61

a very poor man dependent on public charity in great measure for his living
I have to request that such a pension may be allowed him as is justly his due under the act of June 7 1832
I am respectfully
your obt servt
[signature] Benja Cowell


J L Edwards Esq
Page 62

(Copy)
Pension Office
November 2nd 1846.
Sir,
In reply to your remarks in the case of Welthy Whipple it will be sufficient to state that the declaration of James Caphan and George Dexter, particularly described the service of the Guard at the Cumberland Magazine, and show conclusively that it was not a military Corps in the contemplation of the pension laws.
Dexter was not allowed for that service, and if Jemima Rapham is allowed for it, it was probably because her husbands pension had included it; and your argument in the case was not Confronted with the definite facts sworn to by him in describing the service by turns, at night, with two or three others from August 1776 to September 1779, during which time he was drafted and served two tours in Capt. Whipple'a Company. He estimated his services in the night guard at five months in the periods designated. This narrative of that Guard service is Confirmed by Dexter and the declarations of both were drawn of by you.
Page 63

I am, very repectfully
Sir, Your Obt. Servt.
(Signed) J.L. Edwards


Benjamin Cowell Esqr
Providence,
R. Island.
Page 64

Providence Oct 23 1836
I received your letter of the 19th inst respecting the claim of Wealthy Whipple, and Sir I respectfully request a reconsideration of that claim upon the evidence. I am most fully persuaded you are mistaken in your views of the character of the "Cumberland Guard" your decision in this case is directly at variance & at war with your former decisions & with one or two in particular as relates to this very guard. In the case of Jemima Latham an applicant for a Pension under the act of July 7 1838 if you will turn to your letter to me of April 12 1833 you will see the same objection made to the character of this Guard, but upon producing the evidence shewing it was a military and not a "hired watch" as you supposed it to be you allowed her claim. The same evidence which induced you to allow her claim has again been produced in Mrs Whipples case, altho in a much more ample manner, after a full consideration of the objection and the evidence produced you decided it was a military Guard, and allowed her Pension
Page 65

If decisions are to say in this manner besides the injustice done to individuals, the effect will be to render them arbitrary.
If ever there was a military guard in Rhode Island during the war of the Revolution this was one. The Enemy in December 1776 invaded the State, there was a large quantity of Military stores and munitions of war in Providence General Spencer as Commander in Chief of all the forces in Rhode Island ordered these stores removed to Cumberland and established a guard then to guard them, this Guard probably taken from Militia does military duty by order of the Commander in Chief. this Guard draws rations from the stores of the United States Commissary stationed at Providence, they are paid by the State as other troops are. They are Armed and equipped as other soldiers are and in no respect whatever did they differ from other military Guards of which their were several. It will be seen too that in every instance without one exception that when rations, were dealt out to this Guard by the Commissay they were delivered to a Commissioned or non commissioned Military Officer. If this said had been a gang of Laborers or hired men would this have been so? it cannot be supposed
Page 66

you observe in your letter Squire Fisk was employed not enlisted, the evidence shews Squire Fisk was a Lieutenant duly Commissioned and as such had the Command of this Guard. This shews its military character besides by looking at the order of the Council of War of Jun 17th 1778 you will see that this guard received a "Bounty"
This shews that it was placed upon the same footing as other Troops, who were paid Bounties, I would ask if Labours or "hired" men ever received Bounties in addition to their wages. But further than this, this order of the Council of War refers to pay Abstracts "Pay Abstract Accts" Such phrazeology [phraseology] is not used I might add never in settlements with hired men, but is invariably used in paying the Military.
This phrazeology [phraseology] conclusively shews too that the Council of War considered this a Military organization, otherwise they never would have spoken of "Bounties Pay abstracts &c" in reference to it
General Spencer himself also considered it a Military Guard, for as Commander in Chief he established it and ordered it paid and rationed in the same manner other guards were. I must
Page 67

and that subsequently to the granting of a Pension to Mrs Latham, you granted a pension to George Dexter most all of whose services were rendered as Private in this very Guard, his Claim had been pending for several years
Page 68

12 823
Welthy Whipple
N.Y.
Act 7. July '38
Page 69

J. L. Edwards Esq H. Reps 12 Jany 1847.
Dear Sir. I desire respectfully to ask your attention again to the Case of Wealthy Whipple, (my near neighbor  & townswoman) formerly of Rhode Island who claims for the services of her husband in the "Cumberland Guard" R.S.
I have learned that your doubt in her case arises from the fact that this Guard was not "Military Corps". but only a "hired watch".
From an investigation of the case. I beg have to suggest that I have come to different conclusion. I cannot regard them in the light of a "hired Watch" - Gen Spencer as Commander in chief ordered the stores them Established a guard taken from the Militia. The Guard draws rations, are paid by the State as other troops are, are armed & equipped, the rations dealt out for them by the Commissary then delivered to a Commissioned or non Commissioned Officer (Military) were under the Command of Lieut Fisk a Commissioned Officer. - All which appear from the Documents & papers in the Case. This guard also by the order of the Council of war June 17. 1778 received a "Bounty"
The allowance of a Pension to Jemima Lapham & to George Dexter for similar services in this Guard shows the military character of those services. In the case of Dexter, you will see that he must have
Page 70

have been allowed for this guard service, as without that, he did not serve six months.
Benja. Crowell Esqr of Providence had this case in Charge & I refer you his letter to you of the "23 Oct. 1846.
I trust on a reconsideration of the Case my townswoman will receive the small pittance so Equitably due her.
Should you however adhere to former opinions. I ask that I may have the papers to lay before the Secretary of War
Please inform[sp] in the premises.
Very Truly Yours
[signature] E. D. Culver

J. L. Edwards Esqr
Commsr &c
Page 71

Gov Wm. L. Marcy
Secretary War
Washington City
D. C.
Page 72

Albany 4 April 1846
Hon Wm L. Marcy Secretary of War.
Dr Sir my sister Welthy Whipple of the Union Village in Town of Granage [Greenwich] Washington County State of Newyork is applying for a pension for the Services of her late Husband Marmaduke Whipple who died on 25 of December 1836. I was acquaint with him for many years he often said he was a soldier in the Revolution War and was entitled to a pension and said the first Law Congress passed was so Constructed he was not poor enough to comply with it. he was a man considered by his
Neighbors a man of Truth and veracity he held the office of Justice of the peace for Several year Benjamin Cowell Esqr of Providence Rhode Island has the application in Charge - Who says, he thinks he
Page 73

has obtained the Testimony necessary -
I am with great Respect
your humble servant
Benjamin Whipple
of Albany
in 65 year of age 

[?] B my Sister is now in 83 year of
her age and destitute of Property
is leaning on her friends for support -
B N
Page 74

Albany N.Y. Feb 20 '47
Barnum Whipple
Presents pension claim
of Wealthy Whipple
W. 40 Recd Feb 25 '47
Pension Bureau
Feb 26, 1847
Re??ce of
Wealthy Whipple

W
Page 75

Hon. Wm. L. Mercy
Secretary War
Washington City
D. C.
Page 76

Albany 20 February 1847
Honorable William L Mercy secretary of War
Sir I have a sister a widow now living
in Washington County in the State of New york
who is the widow of Marmeduk Whipple as
it happened a Whipple married a Whipple her
Husband was in the troops in the Revoluton [revolution]War while the British in said Rhode Island he belonged to the Cumberland Gards [guards] her Clame [claim] has ben [been] made by Benjamin Cowell of Providence, Rhode Island has been sent to the pention agent at Washington
same time since- it Seemes [seems]Sevral [several] other have Received pentions [pensions] who served in
the same gards [guards]-- who are James Lapham
after Ward his Widow Jemima and
Sepha Harkill Widow of Cumfort Haskill and
George Dexter of Cumberland was also
allowed a pention - if so you will be able
see by the Record if that is so it would
seem my sister out to have a pention I wish
you would have the goodness to examin
Walthy Whipple's Claim
I am with Great Respect
yours Truly
Barnum Whipple of
Albany in 66 year of his age
Page 77

The in cased [enclosed] paper I received from Benjamin Cowell who is imployed to obtain the Pension of Wealthy Whipple
B W

N B. my Sister Wealthy Whipple is now in her 84 year of her age 
B W
Page 78

Copy of B Cowells Oct 23 1846

[left side, on edge]
J. L. Edwards Esqr
Page 79

Providence Oct 25 1846
Sir
I received your letter of the 19th inst respecting the claim of Wealthy Whipple and Sir, I respectfully request a reconsideration of that claim upon the evidence.
I am most fully persuaded that you are mistaken in your views of the character of the "Cumberland Guard" Your decision in this case is at variance & at war with your former decisions & with one or two in particular as relates to this very guard. In the case of Emma Latham an applicant for a pension under the act of July 7 1838, if you will turn to your letter to me of April 12th 1843 you will see the same objection made to the character of this guard, but upon producing the evidence shewing it was a military and not a "hired watch" as you supposed it to be you allowed her claim, the same evidence which induced you to allow her claim has again been produced in Mrs Whipples case, altho in a much more ample manner, after a full consideration of the objection & the evidence produced, you decided it was a "Military Guard" and allowed her pension. If decisions are to vary in
Page 80

this manner, besides the injustice done to individuals, the effect will be to render them arbitrary. If ever there was a military Guard in R. Island during the war of the Revolution this was one. The Enemy in Dec 1776 invaded the State. there was a large quantity of military stores & munitions of war in Providence. General Spencer as "Commander in Chief" of all the forces in R Island ordered these stores removed to Cumberland & established a Guard there to guard them. This Guard probably taken from the Militia, does military duty by order of the Commander in chief. This Guard draw rations from the stores of the United States Commissary stationed at Providence, they are paid by the State as other troops are. They are armed & equipped as other soldiers are, & in no respect whatever did they differ from other Military Guards of which there were several. It will be seen too that in every instance without one exception that when rations were dealt out to this ward by the Commissary they were delivered to a Commissioned or non commissioned Military Officer. If this guard had been a guard of laborers or hired men, would this have been so? it cannot be supposed you observe in your letter "Squire Fisk
Page 81

was employed not enlisted". The evidence shews that Squire Risk was a Lieutenant duly Commissioned and as such had the Command of this Guard. This shews its military character, Besides by looking at the order of the Council of war of June 13th 1778. you will see that this Guard received a "Bounty" this shews that it was placed upon the same footing as other troops who were paid Bounties. I would ask if Laborers or hired men ever received Bounties in addition to their wages, But further than this, this order of the Council of war refers to pay abstracts Pay abstract accts such phrazeology [phraseology] is not used, I might add never in settlements with hired men, but is invariably used in paying the military. This phrazeology [phraseology] conclusively shews too that the Council of war considered this a military organization otherwise they would never have spoken of "Bounties, pay abstracts &c" in reference to it. General Spencer himself also considered it a military Guard for as Commander in Chief he established it & ordered it paid & rationed, in the same manner other guards were. I must add that subsequently to the granting of a pension to Mrs Latham you granted a pension to George Dexter most all of whose
Page 82

services were rendered as private in this very Guard, his claim had been pending for several years
I am most respectfully
Your Obt Servant
(signed)  Benja Cowell

J. L. Edwards Esqr

[right side, on edge]
Copy of B Cowells
Oct 23 1846
Page 83

?W Cowell
Sept '47
Page 84

Providence Sept 7 1847
Sir
The enclosed papers belonging to the claim of Wealthy Whipple Widow of Marmaduke Whipple have been sent to me with a request to return them to you. They were taken from the Pension  office by the Hon E. D. Culace M.C. from New York with a view, I suppose to have them examined by the Secretary of War as the evidence produced was not deemed satisfactory to you to admit her claim. This was done at my request or rather by claimants request, through me. It would seem that he never presented them to the Secretary of War for such examination, but sent them to Mrs  Whipples brother who has this day sent them to me with a request to return them to you & to apply to the Secretary for an examination by him as to the merits of her claim.
I am respectfully
Your Obt Servt
[signature] Benja Cowell


J L Edwards Esq
Page 85

Submitted to Comm'r and claim allowed, 14 Feb 1850 for service as a guard at Cumberland as being military.

[left side, on edge]
For said Cumberland / And was such at the
Page 86

State of Rhode Island & Providence Plantations
Town CLerk's Office Cumberland Nov 20th 1849
I Lewis B Arnold of Cumberland in the County of Providence and State aforesaid do on oath Certify, That I am Town Clerk of said town & have the Custody of the records of said town by virtue of my office. And I further Certify, that I have examined the records of said Town made in 1777 - 1778 & 1779 and I can find no record or vote relatin to the Cumberland Guard to Guard the magazine in those years, nor can I find any thing on record in relation to it or any vote or order of said town or town Council to pay the men who were employed to Guard it
Witness
[signature] Lewis B Arnold
Town Clerk 

Providence sc In Cumberland Nov. 22d 1849
Personally appeared before me the above named Lewis B Arnold Known to me as the Town Clerk of the town of Cumberland & made oath to the above Certificate by him signed.
[signature] Bailey E Borden
Justice of the Peace
Page 87

The State of Rhode Island and Providence Plantations
Providence sc Clerks Office Supreme Court
January AD 1849

I Walter Paine Jr Clerk of said Supreme Court for said County of Providence do hereby certify that Bailey ? Borden Esq of Cumberland in said county, is a Justice of the Peace in and for said Cumberland (and was such at the date of the certificate by him signed on the opposite page,) duly Commissioned and qualified, and has acted as such, and that the signature on the opposite page purporting to be his is genuine.
Given under my hand and the seal of said Court the day and year above written
[signature] Walter James Clerk

[illegible Court Seal affixed above left]

[lower left, on edge]
Mrs Whipple
Page 88

A
Wealthy Whipple
widow of Marmaduke
New York
Washington County
~~
admitted

Pr: 8 mo 25 days [Private 8 months 25 days]
per annum com[commencing] 
25 December 1836 to
4 March 1841 - from
43 to 48 - from 48 for
life
under Acts 7 July 1838
3 Mar 1843 & 17 June 44
& 2 Feb 1848.'

under act 7 June 1832
4 March 1831 to 25
Dec 1836 when he died
[signature] J. G. Bennett
Present
Page 89

Provisions 4. to the Cumberland Guard
Page 90

Extracts from Account Waste Books of Asa Waterman a Commissary of Issues during the
war of the Revolution, of the times of delivering provisions for the Cumberland
Guard of the Magazine at that place and the description of the same
John Fisk Major
[Table with 22 columns, headed as follows, left to right separated by || :]
Book || Page || Time of delivery || Whom or by whose order delivered to || number of days || number of men ||salt beef || pork ||bread || Pints peas || Gills Rice || Soap || Butter || Pecks potatoes || salt fish || candles || gallons molasses || flour || rations per day || whole rations || rations drew || ___

[Line entries, left to right separated by || ]
1 ||7 ||1777 March 14 || John Fisk Major || rations 15 ||__ || 18 ¾ || __ || 15 __|| [no further entries on this line]
2 || 4 || May 27 || William Peck to Nathan Bellows for Cumberland Guard || 15 ||8 || 80 || 56 ||120 ||48 ||16 ||1 || [no further entries on this line]
2 ||4 || May 31 || General Spencer for Cumberland Guard || 15 || 8 || 80 ||56 ||120 ||__ || 16 || __ || 6 || 6 || [no further entries on this line]
2 || 4 || June 11 || General Spencer for Cumberland Guard || 15 || 8 ||68 || 64 || 120 || 48 || __ || __ || 6 || [no further entries on this line]
2 || 31 || November 3 || Jos. Spencer A.D.G. to A Aron Newell for Cumberland guard || 8  || 9 || __ || 81 || 72 || [no further entries on this line]
2 || 33 || November 17 || S. Kingsbury A.D.C. to Jotham Carpenter for Cumberland guard|| 9 || 22 || __ || 220 ||198 ||100 || 27- || - || - -|| - -|| - - || - - || - - || - - ||- - || - - || - - || - - £ 0.15.0-
2 || 33 || December 2 || Aaron Newell for Cumberland guard || __ || __ || __ || __ || __ || __ || __ || 0.12 || 9 || __ || __ || 
2 || 36 ||November 17 || Jotham Carpenter pt [illegible] ordered S. Kingsbury A.D.C. for Cumberland guard || __ || __ || __ || __ || __ || __ || __ || 0.12 || 9 || __ || __ || =12 || 2=4 || - -|| - -|| - - || - - || - - £ 0.15.0
3 || 3 || May 31 || General Spencer for Cumberland guard || 15 || 8 || 80 || 56 || 120 || __|| 16 || __ || 6 || 1=2 || [no further entries on this line]
3 || 3 || June 11 || General Spencer for Cumberland guard || 15 ||8 || 68 || 64 ||120 || 6= || __ || __ || 6 || [no further entries on this line]
3 || 24 || July 18 || John Watts Lieutenant for Cumberland guard || 24 || 7 || 126 || 55 || 168 || __ ||21 || ||1=8 || 7+12 || __ || 35 || 1=4 || 2= || - -|| - -|| - - || - - || £ 0.12.11
3 || 38 || August 24 || Christopher Whipple || Sergeant for Cumberland guard || 15 || 11 || 132 || 587||165 || __ || 22 || 1=12 || __ || __ || __|| 1=4 || 2= || - -|| - -|| - - || - - || £ 0.11.4
3 || 41 || September 24 || Colonel Brown to Rufus Angell Lieutenant for Cumberland Guard || 15 || 9 || 136 || 50 || 135 || __ ||18 || - -|| - -|| - - || - - ||- -|| - -|| - - || - - || - - || £ 0.15.17 ¾
4 || 3 || 1778 January 14 ||Thomas Joslin for Cumberland guard || 30 || __ || 405 || __|| 270 || __ || __ || __ || __|| __ || __ || __|| __ || __ || 9 ||270 || 270 ||
4 || 33 || April 1 || Jotham Carpenter for Cumberland guard ||12 || __ || __ ||73 1/2 || __ || 39 || 48.13 # || __ || __ || __ || __|| __ || __ || 96 || 8 || 96 || 96 || __
State of Rhode Island and Providence Plantation secretary’s office October 6, 1846
I certify that Benjamin Cowell Esquire this day submitted to my inspection the several books referred to in the foregoing abstract-that I compared all the entries above with the original entries in said books, and find the same correctly copied therefrom. Witness
Henry Bowen, Secretary
Page 91

[printed form, blanks filled by hand]

Marmaduke Whipple dec'd
Payment to be made
at Albany
by T. W. Alcott
Agent for paying pensioners
in the Agency of
New York

Recorded in the Pension
Office, in Book [blank] 
Volume [blank]
Page [blank] by

[signature] J B Chase Clerk.
Page 92

[printed form, blanks filled by hand] 

Copy

DEPARTMENT OF THE INTERIOR.
Claim for Military Service.

I certify that, in conformity with the law of the United States, of the 7 June 1832. Marmaduke Whipple dec'd late of New York, who was a private in the Revolution and died 25 December 1836, is inscribed on the roll of pensioners at the rate of $29 43/100 per annum, Commencing March 4 1831, and ending 25. Decr 1836.
The amount is due & payable to his widow ["Marmaduke" lined thru] Whipple.

Given at the Department of the Interior this 14th day of February one thousand eight hundred and forty=fifty

Examined and
Countersigned. ⎬

Secretary of the Interior.

Commissioner of Pensions.
Page 93

Hon Wm. L. Marcy
Secretary of War
Washington City
D. C.

[very faint date stamp]
ALBANY
SEP
25[sp]
N.Y.
Page 94

Albany. Sep 27 Sep 4 47 [unclear dates]
Barnum Whipple
Respg
for Pension for Wealthy
Whipple
W. 215. Sept 29.47
Pension Office
Mr Ames
Page 95

Albany 27 September 1847
Hon Wm L Marcy Secretary of War
Dr Sir agreeable to your suggestions I sent all the papers in relation to Weathy Whipple Pention- to Benjamin Cowell of Providence Rhode Island - and have Received  a Letter from him this day stating he had sent all the papers to you with an appeal from the Commissioners Decision & wish you would have the goodness to advise me of the result of your decision in the Case
I am With great Respt your
Humble Servt
[signature] Barnum Whipple of
Albany in 66 year of
his age
Page 96

Wealthy Whipple

Disallowed
20 Feby 49,
W. C lle. [unclear]
Page 97

Claim of Wealthy Whipple
The point in this case is whether the Cumberland Guard was a military company and in military service.
It was a guard organized by me for General Spencer to protect the powder magazine. This duty was performed only at night, and by the members of the company in him. They were apparently paid as a military company and allowed "Bounty" of some kind, but of what kind does not appear.
The objection of the Commissioner of Pensions, which appears to be conclusive against the case, is that the members of the company were liable to be, and were drafted like other citizens, for their towns of military duty which could not have been the case if they were already in the military service.
Respectfully Submitted
[signature] Jn'a D. McPherson
Page 98

State of Rhode Island and Providence Plantations

At a Meeting of the Council of war
January 8th AD 1777.

Resolved that during the continuance of a body of land forces of the enemy in this State, that the several Regiments of Militia in this State, and Companies of Alarm men, when called into actual service, and doing duty within the same, be under the Command of a General of the Continental Army in this State; And that his Honor the Govenor be and he is hereby requested to issue orders putting the several Independent Companies in this State, when in service as aforesaid under the same Command.

At a Meeting of the Council of War
Jany 14, 1777

Whereas it will be impossible to retain within this State any body of Forces, without having a sufficient quantity of Bread for then subsistence, and from the late removal of considerable quantities of Flour from this town, it is to be apprehended that there will not be any to be had for the use
Page 99

of the troops, within this state, Wherefore Resolved, that it be and hereby is reccommended to the Honorable Major General Spencer, Commander of the Troops stationed within this state, that he cause proper sentinels to be placed at the end of each Street within this Town, to prevent any waggon, cart sled or team whatever going out of this Town loaded with Flour.

At a meeting of the Council of War
Jany 22. 1777.

Resolved that Joseph Clark Esqr. be and he is hereby directed to accept and pay the draught of the Hon Major General Spencer upon the general treasury in favor of Mr Thomas Holden the Quart. Master Gen'l for One Thousand Pounds lawful money to supply the troops with necessaries.

At a meeting of the Council of War
Feb 12. AD 1777.

Resolved that any general Officer of the Continental Troops being the Commanding Officer in this State be empowered to impress Horses, Cattle, Carts & Waggons for the service of the United States, to carry Cannon, Provisions Baggage & ammunition to such places
Page 100

within this state as the service shall require.

At a meeting of the Council of War
April 12. AD 1777.

Whereas the Hon. Major Gen'l Spencer hath certified "that on the 11th day of January last past Mr John Billard was appointed assistant Engineer with the Rank and pay of Captain to the Hon. Brig'r Gen'l Malmedy at this department and has served in that office unto this
day" being April 14th. It is Resolved that Mr John Smith, one of the Committee of safety for this state, pay unto the said Mr John Rillard his wages according to the aforesaid certificate.

At a meeting of the Council of War
June 11. AD 1777

Resolved that it be and hereby is recommended, unto the Honorable Major Gen'l Joseph Spencer to appoint Mr Benjamin Hoppin an assistant engineer under Capt. Summers to assist in carrying on the Fortifications now erecting in Providence, with the pay of Nine Pounds per  month and three Rations per day.
Page 101

At a meeting of the Council of War
June 28. AD 1777.

Whereas the Hon'l Joseph Spencer Esq Major Gen'l and Commander in Chief of the Forces stationed within this State, did refer to the Consideration of this Council the call of Peleg Gardiner of South Kingston in the County of Kings County, Yeoman, who stood charged and by his own confession did admit that he was once prevailed upon to be aiding and assisting divers Persons to get upon the Island of Rhode Island, to the Enemy: And this Council upon due and mature consideration, being well satisfied that the said Peleg did ignorantly and inadvertently aid and assist the said persons in their purpose aforesaid, and he having before this Council Subscribed the Test[sp] of this State, and Peter Phillips Esqr one of the Assistant Councillors thereof Major Sylvester Gardiner and Ezekiel Gardiner Jun, having pledged themselves, and become sureties that he the said Peleg should be of good behaviour, and behave himself from henceforward as a good true and liege subject of this State in particular and the United States in general
Page 102

do. Resolve. That the said Peleg be and he is hereby dismissed and permitted to return home to transact his affairs.

At a meeting of the Council of War
Jany 11, AD 1778.

Resolved that Major Gen'l Spencer be and he is hereby empowered to draw three Thousand Three hundred and Thirty three dollars, and Twenty four Seventy two parts of a dollar out of the general treasury, in order to enable him to supply the deputy Quarter Master General's department.
That General Spencer draw an order in favor of Joseph Clark Esq, General Treasurer of this State for the aforesaid sum upon Ebenezer Hancock Esq Deputy pay master General, in order that said sum may be replaced into the General Treasury as soon as may be.

At a meeting of the Council of War
June 17. 1778.

9. - John Fisk having presented abstract pay accts for ye Magazine guard kept in Cumberland by order of General Spencer, being duly considered, ordered that thebounty only be paid and ye auditors having certified
Page 103

that there is due for the bounty only £6. 0. 8. lawful money on one of said accts and also the sum of £ 18.12, on the other.
It is resolved, that a sum be paid to Squire Fisk out of the General Treasury ye said John Fisk having given him an order to receive the same.

[illegible State Seal affixed at left]

State of Rhode Island and Providence Plantations
Secretary's Office Oct 6 1846.

I Certify that the foregoing are copies from the Records of the Council of War, duly examined by me.
I further Certify that at the session of the General Assembly in December 1776:
Squire Fisk was appointed First Lieutenant in Capt Ballon's Company, Col Cook's Regiment, one of the Regiments ordered to be raised at said session, for Fifteen months, as appears of record.
Witness my hand and the Seal of said State at Providence the day and year above written
[signature] Henry Bowen Secry
Page 104

State of Rhode Island and Providence Plantations

A

In General Assembly December Session 1776

Whereas a large body of the Enemy have taken possession of the Island of Rhode Island, and are endeavouring to penetrate the country; so that it is become necessary, for the public Utility of this State, that a Council of War be immediately appointed;
Therefore, voted and resolved, That his Honor the Governor, his Honor the Deputy Governor, the Honorable Stephen Hopkins Esqr; Ambrose Page, Esqr; Mr John Tanner, John Dexter Esqr.
the Honorable Joshua Babcock Esqr; Mr Cromel Child, the Honorable William Greene Esqr; and Henry Ward Esqr; be and they are hereby appointed a Council of War: that they, or any five of them, are fully empowered to do, act and transact, all and every thing & matter for the well being and security of this State, and the United States in general; That they make and ordain all such rules, orders & regulations, for the well governing, ordering, disciplining, clothing & supplying the Army now raised, or that may be raised by this State, and
Page 105

the other neighboring States in conjunction (if such an Army should be so raised) as to them shall seem right and just; and that all such rules, orders & regulations, by them made in the recess of the General Assembly, shall be of as full force & authority, to all intents and purposes as though made and passed by this General Assembly.
It is voted & Resolved, That his Honor the Governor be requested to write to the States of New Hampshire, Massachusetts-Bay, and Connecticut, inclosing the resolve of this General Assembly appointing a Council of War, and requesting that each of said States appoint a Committee to meet on the twenty third of this instant, or as much sooner as possible, in the Town of Providence, in this State with said Council of War, to confer upon the expediency of raising an Army, for immediate defence against the British fleet and army now within this State, whereby the militia may be relieved and in general to consult upon every measure, necessary to be taken for the support of the common cause
True copy of record
Witness [signature] Henry Bowen Secry
Page 106

State of Rhode Island and Providence Plantations

B

In General Assembly September Session AD 1777

Resolved, That one half of the Militia Alarm, Independent, and Artillery Companies be drafted from the Militia Alarm, Independent, and Artillery Companies within this State, on the twenty seventh day of September inst. That they march to and rendezvous at such place or places as shall be directed by the Honorable Major General Spencer, on the first day of October next; and that they remain and continue to do duty for the space of one month from the said first day of October, unless sooner discharged by General Spencer.
Any resolve to the contrary hereof notwithstanding; and the Colonels, or in their absence the next Commanding Officer of the several Regiment of Militia, and Commander of said Companies, are directed to call together by Companies their respective Regiments and Companies, on Saturday the said Twenty seventh day of September, at such place as shall be appointed by them and may be most convenient for the said Regiments and Companies; and that they cause said draft then to be made; and that the persons who shall be drafted as aforesaid be duly eq=
Page 107

=iped with arms & accoutrements according to Law

C

True copy of record
Witness Henry Bowen Secry
State of Rhode Island &c.
In General Assembly October Session AD 1777

Whereas it hath been represented unto this Assembly by the Deputy Quarter Master General, by order of General Spencer, that such hath been the rise of every article, with which the Soldiers within this State are furnished, that it is impossible to procure the same at the price as heretofore fixed by this Assembly, without impressing the said articles, in which way the same has been supplied for some time past. It is therefore Voted and Resolved, That Major General Spencer be requested to give orders for purchasing such necessary articles, as the Army within this State may require, at the most reasonable prices at which they may be procured.
And if any deduction shall be made in the accounts of articles so furnished, this State will pay any sum that shall be so deducted-
True copy of record
Witness Henry Bowen Secry
Page 108

2.
Wealthy Whipple
Page 109

State of Rhode Island and Providence Plantations.
At a meeting of the Council of War
June 17th 1778.

John Fisk having presented abstract pay accounts for the Magazine Guard kept in Cumberland by order of General Spencer being duly considered:
Ordered, that the Bounty only be paid. And the Auditors having Certified that there is Due for the Bounty only on one of Acct £ 6.08. Lawful Money.
And also a sum of £ 18.12. on the others. It is Resolved, that said sum be paid to Squire Fisk out of the General Treasury the said John Fisk having given him an order to receive the same.
True copy of record - witness
[signature] Henry Bowen Secetary