Revolutionary War Pension and Bounty Land Warrant Application File S. 31472, Benjamin Whaley, Va.
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(S-1776) 

SERVICE                                                   NUMBER
(Written) Va. (Signed) Whaley, Benjamin    S. 31472
CONTENTS
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19142
Kentucky
Benjamin
Benjamin Whaley
Bourbon
roon Co in the State of Kentucky
as a Sergeant in the Comp commanded
Captain (blank) of the regt commanded
Col Clark in the [illegible] State
for 2 yrs from 1778.
cribed on the Roll of Kentucky
the rate of 240 Dollars - Cents per ann
commence on the 4th day of March, 1831.
Certificate of Pension issued the 7 day of
1833 sent to W. Williams, Paris
Arrears to the 4th of March 1833
Semi-anl. allowance ending 4 Sep
$600.
Revolution Claim,
Act June 7, 1832
W S. Allison
Vol. 7 Page 32


Dear see letter to Hon
Marshall Oct. 4 1833
Surpd see let to agt 16.
Agent written to for
Voucher Jan 29. 1834
to Hon R. M. Johnson & P. [illegible]
Feb. 1834 to Hon Jo [illegible]
Chambers H.R. Feb. 17 1836
Hon J. J. Crittenden Feb 5. 1840
do to Wash Whaley Feb 21 18 [illegible]
W. G Snethen Mar 15' 45
rapon coho for Jame July 22 '45
ahnl 13 B Whaley Solder
not entitled to [illegible] land for
U S on Service was in Va State troop
Pension paid Sep 1833 to
Wm Moreland Atty
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State of Kentucky
Bourbon County Set
On the 12th day of August in the year one thousand
eight hundred and thirty two. Personally appeared in
open Court, before the Bourbon Circuit Court now setting
Benjamin Whaley a resident of the County of Bourbon
in the State of Kentucky, aged about Seventy two years,
who being first duly sworn according to Law, doth,
on his Oath make the following declaration, in order
to obtain the benefit of the act of Congress passed June
7th 1832. That he entered the service of the United States
under the following officers and served as herein stated to wit
In the year 1776. He enlisted in Louden County Virginia
and marched in Captain James Colemans Company, to
Alexandria, was there under the command of Captain
or Major Simon Triplett who he understood was acting
as a Major, He continued there in service about six
months. In the year 1777. He joined Captain Edward
Lucas Company in Berkley County Virginia, and
marched under his command to Fort Pitt, where
they were under the command of Genl Edward Hand
and Col John Gibson, and were marched from there
under General Hand to Wheeling Virginia. He was then
transferred to Capt John Baldwins Company of the
Virginia line; In February 1778 he was attached to
Captain John Stevenson's Company, and marched on
an expedition against the Indians on "Guyahauga"
under the command of General Hand and Col. William
Crawford, they had a battle with the Indians, took
several prisoners, destroyed Pipe's town, and another
near the salt forks on the waters of big beaver Creek
He was then about May 1778 transferred to Captain Wm Little's
Company and marched to Fort Pitt still under the command
of
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of General Hand & Colo Gibson, from there they marched to Hollidays cove about 70 miles below Fort Pitt, (and on their march ^to wheeling in 1777^ had a fight with the Indians) at the last mentioned place they were under the command of Major William Morgan of Berkley County Virginia. In the fall of the year 1778 He was transferred to Captain John Minters Company and was appointed first Sergeant of said Company, they were then under the command of Col John Pearson.
From there they marched to Fort Pitt and joined the troops under the command of General McIntosh and the army afterwards marched down the Ohio on the Indian side, and built Fort McIntosh below the mouth of Beaver Creek. From there the army marched
on an Expedition designed for Sandusky & Detroit, but owing to the inclemency of the weather and want of Supplies they stopped and built a fort called Fort Laurance, on the head water of Muskingum, where they remained until some time in the winter 1778 when they returned to Fort McIntosh
& part of the army went to Fort Pitt; Colo Gibson having been left at Fort Laurance
In the spring 1779 Fort Laurance was besieged by the Indians, and General McIntoshs troops went to its relief; He this affiant was attached
to Capt Thomas Baises Company, and was appointed Sergeant Major on the march. From that time until the latter end of the year 1780 He was at times engaged in Ranging & Scouting, but there was not much active service in that quarter of the Country. In the Winter of the year 1781 a Company was contemplated against Detroit under the command of Genl George Rogers Clarke This affiant received a Commission from Thomas Jefferson
then Governor of the State of Virginia dated the 29th day of April 1781 as a Captain of Volunteers, which Commission he now has,
& will send with this declaration. In the spring 1781 he raised a Volunteer Company in the service of the United States, joined the troops under the command of Genl George Rogers Clarke at Fort Pitt and under his command descended the Ohio river to the falls of Ohio, on the way down Major Craycraft & his party were defeated at the mouth of by big Sandy,
and Capt Loughry & his detachment were defeated by the Indians at
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3

at the mouth of Loughry's Creek on Ohio; They remained at the Falls of Ohio until late in the Fall of the year 1781. during their stay there the troops had several scurmishes (sic) with the Indians Col John Floyds party were defeated on Floyds fork.

Owing to the advanced state of the season, and the difficulty of getting supplies, a Council of War was called by Genl. Clarke of which this affiant was a member, and they decided it would not be practicable to carry on the proposed expedition that season; and the expedition was abandoned; then part of the troops were disbanded, and the term of service of many of the men having expired; He this affiant, with several other officers, were discharg'd and returned as supernumary (sic) officers.  In 1782 He went on an expidition (sic) against the Indians in the vicinity of Pittsburgh, and held himself in readiness to perform any service that might be required of him from that time until the close of the War.  In addition to the officers heretofore named he recollects Col. John Todd Col. John Montgomery Colo. George Slaughter Major Williams Major Wayles Capt John Carney Capt Thomas Young Capt Robert Todd Col Joseph Crockett & Major John Crittenden being present at the Council of War called by Gen Clark at the Falls of Ohio. and in the course of the War he was acquainted with the following Field Officers Col. Daniel Broadhead Lt. Col. Bayard Major Varnum & Major Finley

In answer to the interrogatories propounded to him by the court he states that he was born in Londen County Virginia in the year 1760.  He resided in said County at the time of his first inlistment (sic); He has no record of his age; Since the Revolutionary War he resided in Fayette County Pennsylvania about 40 miles above Pittsburg for about 35 years; and since that time has resided principally in Fayette & Bourbon Counties Kentucky, and now lives in Bourbon County on the Lexington road about 7 1/2 miles from Paris; In every instance where he was in Service during the Revolutionary War he was a volunteer & enlisted by voluntary engagements - He received several discharges as a private and non commissioned officer but they have all been mislaid or are not now within his controal (sic); He got a discharge from Genl. Clarke as a supernumery (sic) Captain which is also lost or mislaid; He received the Commission of Capt. of Volunteers, which is now produced, from Thomas Jefferson then Governor of Virginia as
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as before stated; He has no other proof now in his power but the depositions of Doctor John Knight Joseph Winlock Major Jno. Finley and Capt Thomas Young which have been heretofore taken to be laid before Congress, and will accompany this declaration.

He states that Dr. Richard Pindell John Fowler and Thomas Bodley of Lexington have been acquainted with him for the last 20 years; Also William Garrard Hugh Brent, James Garrard Tho: Matson & Robert Matson of Bourbon County either of whom can give his character for veracity &c 

He hereby relinquishes every claim whatever to a pension or annuity except the present, and declares that his name is not on the pension roll of the agency of any State 

Sworn to & subscribed the day & year aforesaid

Benj. Whaley (signature)

I: James Garrard residing in the County of Bourbon Kentucky and William Garrard residing in said County, hereby certify that we are well acquainted with Col. Benjamin Whaley, who has subscribed and sworn to the above declaration, that we beleive (sic) him to be seventy two years of age; that he is reputed and believed in the neighbourhood (sic) where he resides, to have been a soldier of the Revolution, and that we concur in that opinion.  Sworn to & Subscribed the day & year aforesaid

James Garrard (signature)
Will: Garrard (signature)

And the said Court do hereby declare their opinion after the investigation of the matter and after putting the interrogatories prescribed by the War department. that the above named applicant, Col. Benjamin Whaley was a Revolutionary Soldier and served as he states.  And the Court further Certifies that it appears to them that James Garrard who has signed the preceeding (sic) certificate residing in the County of Bourbon; and that William Garrard, who has also signed the same is a resident in said County of Bourbon, and is a credible person and that their statement is entitled to credit.
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I believe this case was presented and corrected as stated and have no hesitation in saying that the [unknown] all fair and the Dept. may safely excuse the objection as to the mode of authentication

C A Week [unknown]
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I James M. Arnold Clerk of the Bourbon Circuit Court, de hereby certify that the foregoing contains the original proceedings of the said Court in the matter of the application of Col. Benjamin Whaley for a Pension

In Testimony whereof I hereunto set my hand and affix the seal of the said Court, this 14th day of August 1832.

M: Arnold (signature)

Post office " Paris: Bourbon County

State of Kentucky Bourbon County

On this 7th. day of May in the year 1833 before the Honorable Richard H French sole Judge of the Circuit Court for the County & state aforesaid personally appeared Benjamin Whaley in open Court, and being duly sworn make the following additional statements explanatory of & as amendatory of his; the forgoing declaration for a pension under the act of Jun 7. 1832 That he entered the service of the United States in the month of July 1776 he believes between the 4th. & 10th. day of the month.  In 1777, early in January of that year he volunteered in Capt Lucas's company as stated in his declaration; between these two services there was no interval, at least not more than a day or two; He states that from the time he entered the service in 1776 until December 1781 his service was a continued service, with the exception of a few days, which he [unknown] as making no interest in his
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service, which [unknown] elapsed when he was transferred from one service to another, as stated in his declaration; He states that it was in the latter part of Feby. (sic) 1779. that he was attached to Capt. Thos. Bayes (?) Company & was appointed sergeant major on the march, that he was after that, engaged in scouting & raiding while the other part of September 1780, that then the interval in his service of some three or four months occurred in his service, that during that interval he was engaged in making preparations for the service which he afterwards performed.  He states that from the time to wit July 1776 when he first entered the service, till September 1780, he was in the service of the United States in the manner stated above & in his declaration in all four years & about two months, that from the time he received his commission as Capt which was in April 1781, he was in the service as Capt. till the last of December of that year, a term of eight months, when he was discharged as a supernumerary officer.  From that time to wit Decr. (sic) 1781 He was supernumerary officer till August 1782, in which month as a volunteer [unknown] his commission, tho (sic) not commanding, he went on the expedition he has mentioned against the Indians in the vicinity of Pittsburg (sic) & was on this expedition & in defending the frontier, for a period of four months - From that time to wit December 1782 he held himself  in readiness as a supernumerary Captain to perform any duty as required till the close of the war - He states that the reason he had not procured the  attestation & certificate of a clergyman, is because there is none residing in his [unknown] he believes however that the testimony which accompanies his declaration is better evidence than any traditionary evidence whatsoever.  Sworn to & subscribed on the day & date aforesaid.

Benj. Whaley (signature)
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State of Kentucky Bourbon County

I, James M Arnold Clerk of the Circuit Court in & for the County aforesaid do hereby certify that as stated in the proceeding amendatory declaration, Benj A. Whaley came into open court & being first sworn, made the statements contained in said amendatory declaration which was ordered to be certified by said court & which is here done accordingly - I do further certify that as I before (to wit, on the 14th. day of August 1832) certified pages 1, 2, 3, & 4 preceeding,(sic) & which contain the declaration of said Benja. Whaley, together with the certificate of the Court & of James & William Garrard, contain the original proceedings of the said Court in the matter of the application of said Benja. Whaley for a pension.

In Testimony whereof I have hereunto set my hand & have again affixed the seal of my Office on this 7th day of May 1833.

M Arnold (signature)
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Capt. Benj: Whaley dec

Half-pay

act of 5 July 1832

power of atto: to V Ellils

Filed 27 April 1852
Page 12

Whereas I have heretofore been appointed the special attorney of William Moreland Administrator of Capt Benjamin Whaley deceased, by a written power of attorneyship (sic) duly authenticated as required by law for the purpose of prosecuting the claim of the said Capt Benjamin Whaley decd (sic) against the Government of the United States and also against the Commonwealth of Virginia for half pay for life, or commutations with interest in lieu of half pay for life in compensations of his services as a captain in the Army of the Revolution in the Virginia State line as continental establishment, and Whereas by virtue of the powers conferred upon me I am authorized to appoint in the [unknown] a sub attorney and [unknown] him with all the powers so conferred upon me by the said [unknown] aforesaid and resolving so to do, with the exceptions as herein after named; I hereby appoint Vespasian Ellis - my sub attorney in the process to prosecute said claim against the said government of the United States and also against the said State of Virginia in the way and manner, that I am so empowered to prosecute it, and do by then prevents so constitute once appoint him my said sub attorney, and doeth hereby invest him with all the powers as conferred upon me, by the said [unknown] Administrator aforesaid, necessary to prosecute the same to an allowance - by the said Government of the United States on the or the said state of Virginia
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in my name as attorney of the said Moreland
Adm'r aforesaid reserving however to myself as
attorney in chief of the said Moreland Adm'r aforesaid
the exclusive right and power, to receive and draw
the money or moneys, allowance or allowances
so made and granted and which may be
made and granted to the said Administrat[illegible]
in consideration of the military services of his
said intestate the said Capt Benjamin Whaley and
and also the right and power to pass sign
seal and deliver all such papers and
writings as may be necessary for that purpose

It being my intention confer upon my said
sub attorney, all the power or powers granted 
or conferred upon me by which said claim
may be prosecuted to an allowance, and to
reserve to myself as before stated the exclusive
right and power of receiving the money
when allowed
In testimony whereof I 
hereunto set my hand and seal this the 31-
day March 1852
W. E Simms {seal}
Atty for Whaleys Adm'r

State of Kentucky
Bourbon County
The forgoing power of attorney
from W E Simms to [blank space] was this
any signed and acknowledged before us
two Justice of the Peace within & for the county
and state above written
This 31 March 1852
Wm M Samuel J P B C
James Paton J P
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State of Kentucky
Bourbon County
I Richard J Brown Clerk of the
County Court for the County & State above written
do hereby certify that W M Samuel and
James Paton Esqr before whom the foregoing
power of attorney from W E Simms
to his sub attorney was acknowledged
are Justices of the Peace duly commissioned 
and sworn said that the above are their
genuine signatures
In testimony whereof I have
hereunto set my hand and affixed
the seal of my office this the 
31 March 1852 -
R J. Brown clerk
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N
Benjamin Whaley
Kentucky
from 1778 Sergeant
& Captain 2 yr.
Sergeant 16 months $80.
Capt 8 $160.
$240.-
Geo.W. Williams Esq
Paris
Ken
Hon C. NicKleff
Bardstown
Nelson Co
Kentucky
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WAR DEPARTMENT.

Pension Office,
March 29 1833.

Sir:

The evidence in support of your claim, under the act of June 7, 1832, has been examined, and the papers are herewith returned.  The following is a statement of your case in a tabular form.  On comparing these papers with the following rules, and the subjoined notes, you will readily perceive that objections exist, which must be removed, before a pension can be allowed.  The notes and the regulations will show what is necessary to be done.  Those points to which your attention is more particularly directed, you will find marked in the margin with a brace, (thus:}).  You will, when you return your papers to this Department, send this printed letter with them; and you will, by complying with this request, greatly facilitate the investigation of your claim.

A Statement, showing the Service of Benjamin Whaley Bourbon Co. Kentucky

Period when the services was rendered:
1776 Enlisted

Duration of the claimant's service.
About 6 months

Rank of the claimant.
Priv

Names and Rank of the Company officers under whom he served.
Capt Coleman Triplett

Names and Rank of the General and Field officers.
Col (blank)

Country through which he marched.
Va

Place of abode when he entered the service, and age at the present period
Abed about 72.
London Co. Va

Evidence by which the declaration is supported.
Traditionary Documentary 
Living Witnesses

Period when the servicer was rendered.
Vol 1777.
1778
1778 (May)
1778 (Fall)
1778 {until latter end 1780}
1781 April renewed till fall 1781
1782

Duration of the claimant's service.
About 6 months per period listed

Ranke of the claimant.
Priv until the fall of 1178 - then 1st Sergt.
Became Capt. in April 1781

Names and Rank of the Company officers under whom he served.
Capt Coleman, Triplett, Lucas, Baldwin, Stevenson, Littles, Minter, Bains

Names and Rank of the General and Field officers.

Col Gibson, Genl Hand, Col Cranford, Col Gibson, Genl Hund, Col Stevenson, Genl McIntosh, Genl Clark, Col Todd

Battles in which the applicant was engaged.
Skirmish with Indians

Country through which he has marched.
Va 
Ms
Ohio
Pittsburg

Place of abode when he entered the service, and age at the present period
Aged about 72. 
London Co Va

Evidence by which the declaration is supported
Traditionary Documentary 
Living witnesses

I am, respectfully,
Your obedient servant,
J. L. EDWARDS
Commissioner of Pensions

(See amendatory declaration.)
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REGULATIONS UNDER THE ACT OF JUNE 7, 1832.

The following regulations have been adopted:
This law has been construed to extend, as well to the line, as to every branch of the Staff of the Army and to include under the terms "Continental Line," "State troops," "militia" and "volunteers" all persons enlisted, drafted, or who volunteered and who were bound to military service, but not those who were occasionally employed with the army upon civil contracts, such as Clerks to Commissaries and to Store Keepers, &c. Teamsters, Boatmen, &c. Persons who served on board of Private Armed Vessels are also excluded from the benefits of the law, as well as persons who turned out as patrols, or were engaged in guarding particular places at night, and were not recognized as being in actual military service.
Four general classes of cases are embraced in this law:
1. The Regular Troops.
2. The State Troops, Militia, and Volunteers.
3. Persons employed in the Naval service.
4. Indian Spies.
As rolls of the regular troops in the Revolutionary War exist in this Department, all persons, claiming the benefit of this law as officers, non-commissioned officers, musicians or privates, will in the first instance, make application by transmitting the following declaration, which will be made before a Court of Record of the County where such applicant resides. And every Court having by law a seal and Clerk is considered a Court of Record.

DECLARATION,
In order to obtain the benefit of the Act of Congress of the 7th of June, 1832.
State, Territory, or District of County of
On this (blank) day of (blank)
personally appeared (a) before (blank) A.B. a resident (b) of (blank) in the county of (blank) and State, Territory or District of (blank) aged (c) (blank) years, who being first duly sworn, according to law, doth on his oath make the
following declaration, in order to obtain the benefit of the provion made by the act of Congress, passed June 7th, 1832. That he enlisted in the Army of the United States in the year (d) (blank), with (blank) and served in the
(blank) (e) regiment of the (blank) line, under the following named officers:
pHere set forth the names and rank of the Field and Company Officers; the time he left the service; (and if he served
under more than one term of enlistment, he must specify the particular period, and rank and names of his officers, the
town or county and State in which he resided when he enered the service, the battles, if any, in which he was engaged,
and the country through which he marched. This form is to be varied so as to apply to the cases of officers and persons
who belonged to the militia, volunteers, navy, &c.]
He hereby relinquishes every claim (f) whatever to a pension or an annuity, except the present, and he declares that his name is not on the Pension Roll of any Agency in any State, or (if any) only on that of the Agency in the State of (blank) Sworn to and subscribed the day and year aforesaid. A. B.
(And then will follow the certificate of the Court.)
And the said Court do hereby declare their opinion (g) that the above named applicant was a revolutionary soldier, and served as he states.
I (blank) of the Court of (blank) do hereby certify (h) that the foregoing contains the original proceedings of the said Court in the matter of the application of (blank) for a pension.
In testimony whereof I have hereunto set my hand and seal of office (i) this (blank)
day of (blank) &c.
If, on examination of the proper record the names of applicants, making such declaration, cannot be found, they will produce such proof as the rule given in note (j) points out.
Every applicant who claims a pension by virtue of service in the State Troops, Volunteers or Militia, except those who belonged to the New Hampshire Militia and State Troops of Virginia, will make and subscribe a declaration similar to the foregoing, with the following additions, viz:
(k) We, A. B., a Clergyman, residing in the (blank) and C. D. residing in (the same) hereby certify, that we are well acquainted with (blank), who has subscribed and sworn to the above declaration; that we believe him to be (blank) years of age; that he is reputed and believed, in the neighborhood where he resides, to have been a soldier of the Revolution, and that we concur in that opinion.
Sworn and subscribed the day and year aforesaid.
(And then will follow the certificate of the Court)
And the said Court do hereby declare their opinion, after the investigation of the matter, and after putting the interrogatories prescribed by the War Department, that the above named applicant was a Revolutionary Soldier, and served as he states. And the Court further certifies, that it appears to them that A. B. (blank) who has signed the preceding certificate is a clergyman, resident in the
and that C.D., who has also signed the same is a resident in the (blank) and is a credible person, and that their statement is entitled to credit.
I, (blank) Clerk of the Court of (blank)
do hereby certify that the foregoing contains the original proceedings of the said Court, in the matter of the applicacation of (blank)
for a pension.

In testimony whereof, I have hereunto set my hand and seal (blank) of office, this (blank) day of (blank) &c.
Every applicant will produce the best proof in his power. This is the original discharge or commission; but if neither of these can be obtained, the party will so state under oath, and will then procure, if possible, the testimony of at least one credible witness, stating in detail his personal knowledge of the services of the applicant, and such circumstances connected therewith, as may have a tendency to throw light upon the transaction.
If such surviving witness cannot be found, the applicant will so state in his declaration (l) and he will also, whether he produce such evidence or not, proceed to relate all the material facts, which can be useful in the investigation of his claim, and in the comparison of his narrative with the events of the period of his alleged service, as they are known at the Department. A very full account of the services of each person
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will be indispensable to a favorable action upon his case. The facts stated will afford one of the principal means of corroborating the declaration of the applicant, if true, or of detecting the imposition, if one be attempted
; and unless, therefore, these are amply and clearly set forth, no favorable decision can be expected. All applicants will appear before some Court of Record in the County, in which they reside, and there subscribe and be sworn to, one of the declarations above provided, according to the nature of his case.
The Court will propound the following (m) interrogatories to all applicants for a pension, on account of service in the Militia, State troops, or Volunteers, except the Militia of New Hampshire and the State
troops of Virginia.
1. Where and in what year were you born?
2. Have you any record of your age, and if so, where is it? 
3. Where were you living when called into service; where have you lived since the Revolutionary war, and where do you now live?
4. How were you called into service; were you drafted, did you volunteer, or were you a substitute? And if a substitute, for whom?
5. State the names of some of the Regular Officers, who were with the troops, where you served; such Continental and Militia Regiments as you can recollect, and the general circumstances of your services.
6. To a soldier. Did you ever receive a discharge from the service, and if so, by whom was it given and what has become of it?
To an officer. Did you ever receive a commission, and if so, by whom was it signed, and what has become of it?
7. State the names of persons to whom you are known in your present neighborhood, and who can testify as to your character for veracity, and their belief of your services as a soldier of the Revolution.
The Court will see that he answers to these questions are embodied in the declaration, and they are requested to annex their opinions of the truth of the statement of the applicant.
The applicant will further produce in Court, if the same can be done, in the opinion of the Court, without too much expense and inconvenience to him, two respectable persons -one of whom should be the nearest clergyman, if one lives in the immediate vicinity of such applicant, who can testify, from
their acquaintance with him, that they believe he is of the age he represents, and that he is reputed and believed in the neighborhood to have been a Revolutionary soldier, and that they concur in that opinion.
If one of these persons is a Clergyman, the Court will so certify, and they will also certify, to the character and standing of other persons, giving such certificates.

The traditionary evidence of service is deemed very important, in the absence of any direct
proof, except the declaration of the party. And the Courts are requested to be very particular in the enquiry whether the belief is general, and whether any doubts have ever existed upon the subject.
Applicants unable to appear in Court by reason of bodily infirmity, may make the declaration before required, and submit to the examination, before a Judge or Justice of a Court of Record of the proper county, and the Judge or Justice will execute the duties, which the Court is herein requested to perform, and will also certify that the applicant cannot, from bodily infirmity, attend the Court.

Whenever any official act is required to be done by a Judge or Justice of a Court of Record,
or by a Justice of the peace, the certificate of the Secretary of State or Territory, or of the proper Clerk of the Court or County, under his seal of office, will be annexed, stating that such person is a Judge or Justice of a Court of Record, or a Justice of the Peace, and that the signature annexed is his genuine signature.
No payments can be made on account of the services of any person, who may have died before the taking effect of the act of June 7, 1832; and in case of death subsequent thereto, and before the declaration herein required is made, the parties interested will transmit such evidence as they can procure, taken and authenticated before a Court of Record, showing the services of the deceased, the period of his death, the opinion of the neighborhood respecting such services, the title of the claimant, and the opinion of the Court upon the whole matter.


[a] The declarant must appear in open Court, unless prevented from doing so by reason of bodily infirmity; in which case the declarant follow the rule laid down for his guidance.
[b] The declarant must make his declaration in the county where he resides. If he should fail to do so, he must assign a sufficient reason for not conforming to the rule.
[c] The age of the claimant must invariably be mentioned.
[d] The declarant must mention the period or periods of the war when he served.
[e] Every continental officer or soldier must give the name of the Colonel under whom he served; otherwise a satisfactory examination of the
claim cannot be had. Every claimant must state, with precision, the length of his service, and the different grades in which he served, in language so definite as to enable the Department determine to what amount of pension he is entitled. In a case where the applicant cannot, by reason of the loss of memory, state precisely how long he served, he should amend his declaration by making an affidavit in the following words:
"Personally, appeared before me, the undersigned, a Justice of the Peace, &c. A. B. who, being duly sworn, deposeth and saith, that, by reason of old age, and the consequent loss of memory, he cannot swear positively as to the precise length of his service; but, according to the best of his recollection, he served not less than the periods mentioned below, and in the following grades: For _ year _ months, and days ___, I served as a ___. For ___ months and ___ days, I served as a ___; and for such service I claim a pension."

It is important, in all cases, to determine with precision the period for which each applicant served, and the particular rank he held, as the law directs the pension to be paid according to the pensioner and the length of his service. The use of the phrase about three or four months
is too indefinite, and all such qualifying expressions are objectionable. Some persons who apply for pensions merely state that they served two years in the militia, & e. without specifiying the tours; the names of the officers, and other particulars respecting their service. This form of a declaration is shown highly objectionable. It must, in every case, be clearly shown under what officers the applicant served; the duration of each term of engagement;
the particular place or places where the service was performed; that the applicant served with an embodied corps called into service by competent authority; that he was either in the field or in garrison; and for the time during which the service was performed, he was not employed in any civil pursuit.
[f] The law makes the relinquishment indispensable.
[g] The opinion of the Court is always required.
[h] The Clerk must give his certificate in every case.
[i] The Clerk must hit affix his seal, and if it has no device or inscription by which it can be distinguished from any other seal, or if he has no public seal of office, the certificate of a Member of Congress, proving the official character and signature of the certifying officer, should accompany the papers.

Mode of authenticating papers.
In every instance where the certificate of the certifying officer who authenticates the papers is not written on the same sheet of paper which contains the affidavit, or other papers authenticated, the certificate must be attached thereto by a piece of tape or narrow ribbon, the ends of which must pass under the seal of office of the certifying officer, so as to prevent any paper from being improperly attached to the certificate.
Proof of Service.
[j] In a case where the name of the applicant is not found on the records of the Department, he must prove his service by two credible witnesses who are required to set forth in their affidavits the time of the claimants entering the service, and the time and manner of his leaving the same, as well as the regiment, company, and line to which he belonged. The magistrate who may administer the oaths must certify to the credibility of the witnesses, and the official character and signature of the magistrate must be certified by the proper officer, under his seal of office.

The notes from [a] to [i] are equally applicable to the cases of Militia men, Volunteers and State Troops. The proof required by rule in note [j] applies to continental troops only.
[k] This traditionary evidence is indispensable in militia cases.
[l] If a witness cannot be found, the declarant must state the fact.
[m] The answers to the interrogatories must all be written, and sent to the War Department, with the declaration.

Dyer Custor [signature]
exam Clerk
Page 19

BA-J/AWF
Benjamin Whaley
S. 31472

Mrs. Susan W. Ingram
1842 W. Washington Street
Brownsville, Texas

Dear Madam:

Reference is made to your letter in which you request the Revolutionary War record of Benjamin Whaley of Loudoun County, Virginia.

The data furnished herein were obtained from papers on file in claim for pension, S.31472, based on the military service of Benjamin Whaley in the War of the Revolution.

Benjamin Whaley was born in the year 1760, in Loudoun County, Virginia.  The names of his parents are not given.

While residing in Loudoun County, Virginia, Benjamin Whaley enlisted sometime in July, 1776, served as private six months in Captain James Coleman's Virginia company.  He enlisted sometime in January, 1777, at Martinsburg, Berkeley County, Virginia, and served as sergeant and sergeant major under Captains Edward Lucas, John Baldwin, John Stevenson, William Little, John Minter, Thomas Baise, and Colonels John Gibson, William Crawford, and John Stevenson; he was in several engagements with the Indians, near Fort Pitt, was in General McIntosh's Expedition, and assisted in building Forts McIntosh, and Laurens, was at Fort Laurens when it was besieged by Indians, and did much ranging and scouting duty, and continued in the service until in September 1780.  He was commissioned, April 29, 1781, Captain
Page 20

(continued)

of a company of volunteers, served eight months under General George Rogers Clark, marched to the Falls of the Ohio, and was in several skirmishes with the Indians.  He served from sometime in August, 1782, four months as captain, and went on an expedition to Pittsburg, against the Indians.

Benjamin Whaley, after the Revolution, lived in Fayette County, Pennsylvania, and in Fayette County, Kentucky.

He died September 7, 1833, in Kentucky; he was at this time living with his son-in-law, William Moreland.

Benjamin Whaley left no widow, his wife having died prior to his death.  The name of wife, date of marriage, and date of her death are not given.

A son, Washington Whaley, in 1840 and 1845 was living in Connelsville, Fayette County, Pennsylvania, and referred to his brother, but gave no name.

Reference was made in 1840 to heirs of Benjamin Whaley, four of whom were living in Pennsylvania, and five in Kentucky, names not designated.

One Thomas R. Moreland was of Bourbon County, Kentucky, in 1852; it was not stated that he was related to the William Moreland referred to above.

The papers on file in this claim contain no further discernible data in regard to family.

Very truly yours

A. D. HILLER
Executive Assistant
to the Administrator
Page 21

Return this
Benjamin Whaley
S. 31,472
Va.
Page 22

(Document marked as follows:)
found mutilated when opened on Nov. 1910
aw

The Commonwealth of VIRGINIA

To Benjamin Whaley - Gentlemen, greeting:

KNOW YOU that our GOVERNOUR (sic), with the advice of the Council of State, doth constitute and appoint you Captain in a company of (document marked out) Testimony whereof, these our Letters are sealed, with the Seal of the Commonwealth, and made Patent.

Witness THOMAS JEFFERSON Esquire, our said Governour (sic), at Richmond, the 29th. Day of April - in the Year of our Lord One Thousand Seven Hundred and Eight One

Col. Benj. Whaley wishes this commission returned with his certificate -
Page 23

To what time was Benjamin Whaley, of Kentucky,
act 1832, last paid?
J L Edwards
Feb. 18. 1836
wrong. should be 1833
Benjamin Whaley, Kentucky roll act June
7, 1832, at $240 per annum.
Be pleased to say what time
he was last paid
to Sept. 1833.
S. H. H.
Page 24

19,142

Benjamin Whaley
Ky
Benjaman, Whaley

per prior Returned

To files, February 26th 1872

7, June 1832
Page 25

6459

Thankful Smith
[unknown]
sent to Genl. (?) C. W. Wood

May 28th '43.

Act July 4. 1836.
Page 26

18920
Levy
ACT OF FEBRUARY 14, 1871
WAR OF 1812
3353
consolidated with O. W. Inv File 13,472
Benjamin Whaley
Capt.
Va Line
Revolution
Discharged
,18
6055
REJECTED
H/Pay July 5 act. 32
Received
187
Page 27

Oct 4 33 to T. A. Marshall
money cant be pd. as the penr.. is dead and no order can be given
to the agent to pay the [attes] after a penrs. death

Suspd. 16 Nov 33. because the signature to vouchers
and declrs. do not agree

Jan 29. 34. to P agt requesting returns of vouchers
in order that the gentleman who drew them up
(a then M.C) may make them perfect.

Feb 3. 1834 vou given to P agt to pay - & to Col.
Johnson informing him that the agent had 
been instructed to pay - 

Feb 16. 1834 Hon Jno Chambers infd. [?] by whom
the claim was presented - the amnt allow ? [crossed out: and]
the person to whom the certificate was
sent, and that payt was made to Sept 1834.

Pensioner dead Sept 7. 1833
Page 28

Benjamin Whaley, Kentucky [unknown] act of June 7, 1832 at $240 per annum.

I ascertained from you some days ago that the pension was paid to the 4th of September 1833; but enquiry is now made as to who received the money, and for what period the pension was then paid.

Wilson

Pension office
Feb 19 1840.

William Moreland the attorney of Mr. Whaley was paid from the 4th. March 1831 to 4 Sep 1833 on the 6 Sep 1833 at the U.S. Branch Bank Ky

IH
Page 29

Col J. L. Edwards will lose no time
giving orders to the Bk at Lexington
to pay the Pension of Benj Whaley
as otherwise the paper will be
sent back & oblige

Rh M Johnson
Page 30

Hon R M Johnson
Page 31

Stamped:  US PENSION OFFICE Aug 19 1910

Lemont Furnace 1910

Fayette Co Pa Aug 18

I has just read a paper from you of Benjamin Whaley of Revolutionary War which you wrote and sent to Miss Bertha Whaley Nov 30 1909 401 York Ave Connellsville Pa of his war Record, pleas (sic) excuse me, for sending the to you secon (sic) time I wrote to others, as I am toled (sic) to do and can't find it.  Oblige me if you can I want to join the D.A.R. can't til (sic) I have the something to show from you to me

Mrs. Margaret P. Russell wife of (James) Rusel Com but West Va Daughter William Whaley Co-H first W V Grand Daughter James Whaley 1812 War Grate (sic) Grand Daughter Benjamin Whaley Revolutionary War.  I seen his, my Father Sister last night only one living 85 the Aug 10 1810 never mirred (sic) is fine in mind and body my Aunt (Connelsville Pa
Page 32

I have the Whaley Record back 1066 to William the conqer (sic) also Col Wm Crofard.  Wife was Hannah Vance a sister of my Great Grand mother whose daughter was wife of Vance Morland (of wife James Whaley) 1812 war is expecting to erect a monument in Col Crofard memory at Connelsvill (sic) Pa I have his history 

We have Col Crofard Cain I see in Col Wm Crofard History whare (sic) all is aloud land pleas (sic) see if Benjamin Whaley (if they got it) Revolutionary War and James Whaley) 1812 and my Hather Williams 1861 & 1865 of the sivel (sic) war if any land is aloud (sic) to Him as he said was 

[unknown] my paper is bad
Page 33

Document Stamped:
RECORD DIVISION
NOV 18 1909

Connellsville
Nov 16-09

Mr. J L Davenport
Bureau of Pensions
Washington D. C.

Dear Sir: - Can you send me the History of Benjamin Whaley as a Revolutionary Soldier, also of James Whaley.  I am a Great Grand daughter
Page 34

(Continued)

of Benjamin Whaley and am going to join the Daughters of Rev. Therefore it is necessary that I have the Record.  Thanking you in advance and hoping to hear from you soon:

I am,

Yours Respt.

Mrs. Bertha Whaley 
401 York Ave.
Connellsville Pa

Document Stamped:
U. S. PENSION OFFICE
NOV 18 1909
Page 35

Special

J.S.B.

Record Division.
Department of the Interior,
BUREAU OF PENSIONS.

Briefed by [Simmons]
Claim No. [blank]
Certificate No. [blank]
Claimant [blank]
Soldier Benjamin Whaley,
Service Private, Capt. etc. Va Rev. War.
Additional Service [blank]
No [blank] claim, State records [blank], 190[blank]
No claim, combination records [blank], 190[blank]
REMARKS:
No bounty land on records.
O.W. Inv. File # 31472 Sept 4 1909.

[Aus Supr 8/ag]
[illegible]

G. C. Kauff[man]
Chief Division
Page 36

3-871.
Record Division
Department of the Interior, Bureau of Pensions.
Briefed by [illegible signature]
Claim No. _
Certificate No. _
Claimant _
Soldier Benjamin Whaley
Service Rev Sev
Additional Service _
No _ claim, State records _, 190_
No claim, combination records _, 190_
Remarks:

No ON Ind Mid on Rej
Except File No 31472
Rejected 18920
Aug 10 1909
_
0-8 Chief Division
Page 37

Clinton
Hickman Co, Ky
March 14, 1889

Commissioner of Pensions
Washington, D.C.

Sir:
Will the Pension Office
please furnish me with the
information as to what organization
my grandfather,
Benjamin Whaley, (who was
from Penna.) serverd in, in
the Revolutinary War, and
whether he was entitled to any
land or a pension, and if so,
when was it paid and to
whom and oblige,
most respectfully
Your obedient servt.
Thomas B. Whaley
Page 38

31472

[stamp: U. S. PENSION OFFICE
A
MAR 18 1889]

[stamp: O. W. & N.
MAR 19 1889
RECEIVED.]
Page 39

from Mrs Margaret P Russell
1912
Lemont Furnace

Fayette Co Pa Ian

kind sir, will you pleas if you can
give me the volume or page of
Benjamin Whaley of Revolutionary
war. you send me Aug 22 1910 copy
of Benjamin Whaly Pension
Application, as I am trying to
join the D.A.R. so fare is all
Wright, they want now the the number
or page where you obtained it please
oblige me
Mrs Margaret P Russell
this is what was on the first of the one
you sent me
3-525
M.B. H
S. F. 31472
Rev war

Department of interior
Bureau of Pension
Washington DC
Aug 22 1910

in military history of
Benjamin Whaley a soldier
Revolutionary war application for
pension on file in this Bureau

Date of enlistment appointment an soon
length of resuce
rank
officers under whom was service rendered
J. L Davenport commissioner
Page 40

31472
INVALID.
File No 31472
Benjamin Whaley
Capt Rev War

Act: June 7th 32
Index: - Vol. 2, Page 449
[Arrangement of 1870.]

1912 Jan 30 20 mo.
Emma [illegible]

193? to Thomas B.
1926 14. miss [illegible]
letter insufficient Woods S. 31486
1938 [illegible] Susan W. Ingram

Feb 19/[illegible] [illegible]
W. Mosby [illegible]
Hon J. E. Wasler
July 13 190[illegible]
Thos. B. Whaley 
1909 [illegible] 9. [illegible]
B. Whaley and James C. Whaley, letters of the latter [illegible] to Civil War section for date +
1909 Aug 11 C. Whaley informed [illegible] of Soldier's parents are not in [illegible]
1909 aug 12 Hast [illegible] H. R. Warnock
1909 sept 8 J.C. Whaley
no [illegible] of B. K. [illegible] [illegible]

1909 Nov 30 Hast [illegible] Bertha Whaley. V. L. M.
Aug 22 1910, Hist C Margaret P. Russell. M.B.H. 
1910 Dec 17. Letters to James C. Whaley carbon within
Page 41

BRIEF objections to the admission of Pension Claims, of which those
answered in the negative, in red ink, will apply to the claim of
Benjamin Whaley Bourbon Co Kentucky which require
further proof or explanation.

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

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

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

IV. Has the declarant mentioned the period or periods of the war when he served?  no

V. * Has he mentioned with precision the length of his service, and the different grades in which he
served, in language so definite to enable the department to determine to what amount of pension
he is entitled?  No
See amendatory declaration

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

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

VIII. Has the Court given their opinion?  yes

IX. Has the Clerk given his certificate?  yes

X. Is the Clerk's seal affixed? And if so, has it a device or inscription by which it can be distinguished
from any other seal?  yes
Page 42

2

XI. Has the applicant obtained the evidence of a clergyman and another respectable citizen as to
their belief respecting his age and the general belief in his neighborhood relative to his revolutionary
service?  [crossed out: no]

XII. If the clergyman's affidavit has not been produced, is there any reason assigned for not obtain
ing it?  [crossed out: no]

XIII. If the applicant has no documentary evidence, and has not obtained the testimony of at least one
living witness, has he stated in his declaration that such proof cannot be had?

XIV. ! If the applicant's name is not found on the rolls of military service, has he produced a witness
or witnesses as to his service?
If he has produced direct proof as to service, has the magistrate who administered the oath
certified to the credibility of the witness or witnesses?  yes
Has the proper officer certified to the official character and signature of the magistrate as the
regulations direct?  yes

XV. Does it appear from any of the papers that the witness was in such a situation, or of such an age,
as to have a personal knowledge of the applicant's service?  yes

XVI. Are the papers authenticated as the regulations direct?  no.
the string is now under the seal!

XVII. Are the seven interrogatories prescribed by the War Department answered satisfactorily? And,
if not, which of them is not so answered?

EXPLANATORY NOTES.
* QUERE V. In a case where the applicant cannot, by reason of the loss of memory, state precisely how
long he served, he should amend his declaration by making an affidavit in the following words:
"Personally appeared before me, the undersigned, a Justice of the Peace, &c. A. B. who, being
duly sworn, deposeth and saith, that, by reason of old age, and the consequent loss of memory, he
cannot swear positively as to the precise length of his service, but according to the best of his recollection
he served not less than the periods mentioned below, and in the following grades; For [blank] 
year [blank] months, and [blank] days, I served as a [blank]  For [blank] months
and [blank] days, I served as a [blank]; and for such service I claim a pension.
Page 43

Old war Div.
J.N.T. Ex'r.
[blank] No. [blank]
Co. [blank] Reg't [blank]
[letterhead: Department of the Interior
BUREAU OF PENSIONS
Washington, D.C.] April 13, 1889

Return this letter with your reply.
Sir,
In answer to your communication of the 14th ult relative to
Benjamin Whaley who served in the war of the Revolution, you are
advised that he was allowed a pension which has been paid - Even
if he had neglected to establish his title to a pension in ^his life time, there is
no law existing which would give to his children, or other descendants,
the right to claim a pension for themselves, or arrearage of pension
after his decease to  Hi service was with the Va State Troops at & near
Pittsburgh Pa, down the river to Falls of Ohio & against N West hostile Indians
& not being on Continental Establishment to the end of the war, he was not entitled
to land from U. S.- He left Va to reside in Pena then removed
to Fayette & Bourbon Cos Ky
The pension was paid Sept 6 1833 to Mr Moreland Atty
Page 44

J. L. Edwards Esqr
Comr. of Pensions
Washington City
D. C. 

Power of attor[illegible]
enclosed
Page 45

Paris September 14th 1833

Dear Sir
On the sixth instant, as I learn, the pension agent
at Lexington set apart for Wm Moreland the attorney
of Benjamin Whaley the amount of Pension then due to
Whaley, and perhaps made an entry accordingly on his books
but altho' he did not doubt the genuineness of the power
yet conceiving that from the appearance of one of the
certificates there might be an objection to passing it at
the Department, he retained the money until the matter
should be submitted to you or the proper officer at
Washington. The objection if at first real, has I hope
been removed by the additional certificate of the
certifying magistrate, and the endorsed statements of
Colo. R. M. Johnson & myself, and I trust that if it is
your province to decide on the matter, you will find
no difficulty in advising the agent that the power is
sufficient to authorize the payment of the money
to the Attorney. If this question does not come within
you province I will thank you to send this letter
with the enclosed paper to the proper office.
The death of Colo. Whaley on the 7th inst. renders it important
that if allowable this power should be held good
Page 46

and ^that the payment which was formally made under it, should
be made in fact - as I am satisfied that in making the power
^on his death bed^ to Mr Moreland his son in law with whom and at whose
charge he had lived for years, and to whom he was otherwise
indebted, Colo. Whaley intended him to have the money
as a discharge thus far of his obligation to him. Should it
prove to be otherwise Mr. Moreland is a responsible man
and can satisfactorily answer all claimants of the money.
It is at least certain that Colo. Whaley intended the money
to come into Morelands hands, if he did not intend him to
retain it, and it should at last go to reimburse the funeral
expenses and Physicians Bills paid by Moreland - 
On every account it is desirable that the question
should be soon decided, and I shall be gratified to
hear the result as early as is convenient
yours respectfully
Tho. A. Marshall
Page 47

Washington 7 March 1845

Dear Sir
Washington Whaley of Connellsville Pa.
[a]s one of the heirs of Benjamin Whaley a captain in
[t]he Revolutionary war, make the following inquiries:
1. When did his ^father's pension commence & how
[m]uch has he been paid?
2. By whom has any pension paid to his ^father's
been drawn at any time?
3. Captain Whaley died on the 7th of September
1833, - how much was due to him at that period?
4. W. Whaley says that his father was entitled  
to 240 dollars a year as a pension and also to
Commutation & land pay, - if so, how much land
he is entitled to & where situated?

I submit the enclosed letters and beg
leave to direct your attention to the paragraphs marke[d]
* as tending to elucidate the nature of the information
required by Mr Whaley. Please return me the letters
with your reply to this, which I shall be glad to have
at your earliest convenience.
Yours &c
W. G. Suethen
attorney for W Whaley
Page 48

Additional document in the care of D. Barbee.

War Department Washington
Page 49

(Revolutionary Claim)

War Department
Washington

Additional document
in the ______ of
D. Barbee
Page 50

Danville 14th Aug 1832

J L. Edwards Esqr.
Pension Bureau
War Dept.

Sir
The enclosed Depos
of Genl. Barbee was not forwarded with
D Barbee's papers, because the Genl
did not arrive from Green till the 12th Inst
Respectfully
D. G. Cowan
Page 51

Washington City February 1st, 1834

I do hereby certify that I made out and prepar'd
the papers for Benjamin Whaley to draw his
pension as a Captain during the war of the
Revolution and he being too sick to sign
his I name sign'd it for him, and was present
when he acknowledg'd the same before
the Magistrate said Whaleys name was
sign'd by me at his request as witness
my hand
Willis Morgan

I do certify that Willis who signed
the above is a man of truth &
full faith & credit should be given
to his statement
Rh'n Johnson
1 Feb. 1834
Page 52

WAR DEPARTMENT.
Pension Office,
April 13 1833

SIR:
I return herewith the papers in support of the claims of the persons whose
names are hereto annexed.
These papers are in several respects defective. Each case is accompanied
by a brief. The objections are contained in the negative answers, in red ink,
given to the questions.
Particular attention should be paid to the accompanying regulations and to
the explanatory notes subjoined to the brief.
The extraordinary press of business in this office, arising from the great
number of claims under the act of June 7, 1832, has hitherto prevented us from
attending to the applications sent by you. The investigation of the cases presented
under this law has been difficult and laborious, and notwithstanding the
greatest exertions have been made by this Department, an earlier attention to
your business has been found impracticable.
The brief has been prepared to meet all cases, and thus to save the excessive 
labor which would otherwise be imposed upon the office, and which would
consume so much time as to render the delay two fold greater than it now is in
the investigation of claims and writing letters. Each case is considered correct
in all respects except in relation to those questions to which a negative answer is
affixed. No other alteration or addition will be required.
I am, respectfully,
Your obedient servant,
J L Edwards


Thomas P Smith Esq
Paris CH
Kentucky } 

Clementus Doudon
Hezekiah Speaks
Page 53

Benj Whaley

half pay - R. M. Heath

filed 27 April 1832

[cross-writing: halfpay]

[cross-writing: Comr of pensions]
Page 54

Washington 27 Apl 52
To the Comr of Pensions
I herewith file a power of
atty in the case of Benja Whaley 
under act 5 July 1832 & have to 
ask that his pension papers
under act of 1832 may be
sent for, to the file room,
for examination. He is on
the Kentucky roll of 1832
Yr ob sr
V. Ellis

Mr Cole will please send down the above
referred to papers.
R M Heath
Page 55

February 10, 1932

BA-J/AWF

C. W. VanHook
901 W. 20th Street
Oklahoma City, Oklahoma.

Dear Sir:

Reference is made to your letter of recent date
requesting information in regard to Benjamin Whaley,
William Woods and John Milner, soldiers of the Revolutionary
War.

Revolutionary War data furnished by this office
are obtained from claims made to the United States
for pension and bounty land based upon the military
service of soldiers in that war.

A search of the records fails to show such
claims on file on account of the service of any soldier
named John Milner or Millner.

It is suggested that as a possible means of
securing information in regard to the military record
of John Milner, you apply to The Adjutant General,
War Department, Washington, D. C.

You will find enclosed the records of Benjamin
Whaley, S. 31472 and of William Woods, S. 31496.

Very truly yours

A. D. HILLER
Assistant to Administrator
Page 56

February 10, 1932

BA-J/AWF

C. W. VanHook
901 N. 20th Street
Oklahoma City, Oklahoma

Dear Sir:

The data contained herein are obtained from
the papers on file in pension claim, S. 31472, based
upon the Revolutionary War service of Benjamin Whaley.

He was born in 1760 in Loudoun County, Virginia.

While residing in Loudoun County, he enlisted
sometime in July 1776 and served as private, sergeant
and sergeant-major with the Virginia troops under Captains 
James Coleman, Edward Lucas, John Baldwin, John
Stevenson, William Little, John Minter, Thomas Baise,
and Colonels John Gibson, William Crawford and John
Stevenson. He was in General McIntosh's expedition
and helped to build Fort McIntosh and Laurens, also
in several engagements with the Indians, and served
until in September 1780.

He was commissioned, April 29, 1781, captain
of a company of volunteers and served under General
George Rogers Clark, marched to the falls of the
Ohio, and was in several skirmishes with the Indians.

He served from sometime in August 1782, four
months as captain, and went on an expedition to Pittsburgh
against the Indians.

After the Revolution he lived in Fayette County,
Pennsylvania and in Fayette County, Kentucky.

He was allowed pension on his application executed
August 14, 1832, at which time he was [living in]
Page 57

Bourbon County, Kentucky.

He died September 7, 1833 in Kentucky. He at this
time was living with his son-in-law, William Moreland.

The soldier left no widow, his wife having died
prior to him. The name of wife, date of marriage and
date of her death are not given.

A son, Washington Whaley, in 1840 and 1845 was
living in Connellsville, Fayette County, Pennsylvania,
and referred to his brother, but gave no name, and the
names of other children are not shown.

Very truly yours

A. D. HILLER
Assistant to Administrator


1840 - Ref to 4 heirs
[living] in Pa - & 5 [heirs] in Ky

1852 - Thomas R. Moreland
of Bourbon Co Ky
Page 58

AWF

Rev. and 1812 War Section.

June 13, 1925.

Thomas B. Whaley
69 W. Main St.
Uniontown, Pa.

Sir:
I have to advise you from the papers in the
Revolutionary War pension claim, S. 31472, it
appears that Benjamin Whaley was born in 1760 in Loudoun County, Virginia.

While residing in said county, he enlisted
in July 1776 and served at various times as private,
First Sergeant and Sergeant-Major in the Virginia
Troops under Captains James Coleman, Edward Lucas,
John Baldwin, John Stevenson, William Little, John
Minter, Thomas Baise and Colonels John Gibson,
William Crawford, John Stevenson, he was in General
McIntosh's Expedition and helped to build forts
McIntosh and Laurens, also in several skirmishes
with the Indians, served until in September 1780
amounting in all to four years and two months.
Page 59

He was commissioned [crossed out] ^April 29 1781^ , Captain of ^of a Co of vol^
and served eight months under General George Rogers
Clarke in ^marched to the falls of the Ohio [?] skir with Ind^ expedition against the Indians.

He served from in August 1782, four months
as Captain and went on ^an expedition to Pittsburgh
against the Indians. ^after Rev lived in Fayette Co Pa - [?] to Fayette Co Ky^

He was allowed pension on his application executed
August 14, 1832, while a resident of Bourbon
County, Kentucky.

Soldier died September 7, 1833 ^in Ky^, leaving no widow.
Son Washington Whaley, in 1845 ^[?] 1845^ was living in Connellsville,
Fayette County, Pennsylvania and referred to
his brother, but gave no name.

At time of soldier's death he resided with his
son-in-law William Moreland. [crossed out: There is no further
data on file as to family.]

Respectfully,
^one Thomas R. Moreland is also refrerred to^
WILDER S. METCALF
Commissioner.
Page 60

Oct 2, 1938

Veteran's Administration
Washington D.C.  (American Revolution Records)

Dir Sir, 
Please send me the complete military record and any other record of family of Capt. Benjamin Whaley. He entered the service in Loudoun Co. Va. 1776 he was appointed first sergeant  in 1781 he was made captain. he is supposed to have been born in Va in 1760 (Virginia soldiers of 1776.) Vol. III pp. 1278-1281.

Very respt. yours
Mrs. Susan Whaley Ingram
1842 N Wash St
Brownsville, Texas
Page 61

February 9, 1909.

Mr. James C. Whaley,
c/o First National Bank,
Uniontown, Pa.
Sir:
In reply to your letter dated the 18" and received the 20"
ultimo, you are advised that the circular letter dated July 13, 1903
containing the military record of Benjamin Whaley, has been retained
in this bureau, in lieu of a more complete statement for yourself and
Mr. Thomas B. Whaley, 138 East Main Street, Uniontown, Pa.
Very respectfully,

Commissioner.
Page 62

AW

HW

J. B. R

Record Division.

[letterhead: 3-1865.
DEPARTMENT OF THE INTERIOR,
BUREAU OF PENSIONS,
WASHINGTON, D.C.,] December 19, 1908.

Mr. James C. Whaley,
c/o First National Bank,
Uniontown, Pa.
Sir:
In reply to your letter dated the 14" and received the 15" instant,
you are advised that this Bureau is unable to furnish the record of a
soldier unless a claim has been filed on account of his services, and in
order to identify such a claim, in addition to the soldier's full name,
some of the following data is essential: names of some officers under whom
he served, places of residence at enlistment and after discharge, approximate
dates of birth and death, given name of widow.
Very respectfully,
V. Warner
Commissioner.

[stamp: U. S. PENSION BUREAU
A
JAN 20 1909]
Page 63

[stamp: Army and Navy Division
[illegible]
SEP 11 1909
RECEIVED]

[stamp: To Chf [blank] Div
Action [blank]
SEP 9 1909
[Commissioner] ]

September 8, 1909.

Mr. James C. Whaley,
59 Oakland Avenue,
Uniontown, Pennsylvania.

Sir:
In response to your letter dated the 30th ultimo,
addressed to the Secretary of Commerce and Labor, and
received in this Department, by reference, for reply, the 30
instant, requesting to be advised as to whether bounty land
was allowed Benjamin Whaley, who served in the Revolutionary 
war from July, 1776, to August, 1782, you are advised that 
the records of the Bureau of Pensions fail to show that a
bounty-land warrant was issued to the soldier named, for the
service indicated.
Very respectfully,
[illegible]
Acting Secretary,
Page 64

Record Division.

August 11, 1909.

Mr. James C. Whaley,
Uniontown, Pa.

Sir:
In reply to your letter dated the 30" and received the 31" ultimo,
you are advised that in the claim of Benjamin Whaley, Sur. File No.  
31,472, Revolutionary War, the names [illegible] are not given, and
it is not stated that he ever lived in any town.

His pension Certificate which issued August 7, 1833, was sent to
W. Williams, Paris, Kentucky.

Very respectfully,

Acting Commissioner.
Page 65

Rev. War

January 13, 1912.

Mrs. Margaret P. Russell,
Lemont Furnace,
Fayette Co., Pa.

Madam:
In reply to your letter dated Jan. -, 1912, and received
the 10" instant, you are advised that the military record of
Benjamin Whaley, Surv. File 31,472 Rev. War, which was furnished 
you August 22, 1910, was obtained from the papers in his
pension claim which was allowed on Certificate No. 19142, and
the same should be forwarded by you in making application for
entrance to the D. A. R.
Very respectfully,

Commissioner.
Page 66

Record Division.

December 17, 1910.

Mr. James C. Whaley,
Uniontown, Pa.

Sir:
In reply to your letter dated the 12" and received the 13"" instant,
you are advised that the pension claim of Benjamin Whaley, Sur. File No. 
31,472, Rev. War, was allowed for service as alleged by him, and corroborated
by the sworn testimony of
1. Surgeon John Knight and Lieut. Joseph Winlock, taken in Shelby County,
Kentucky, February 4, 1836;
2. Captain Thomas Young, taken at Maysville, Kentucky, November 23, 1830;
3. and Enoch Wingfield, taken in Bourbon County, Kentucky, August 22, 1832.
Owing to the lack of clerical force available for such a purpose, this
Bureau is unable to furnish full copies of papers on file but any person
designated by you will be allowed to examine and copy the papers in said
claim. It is probable that Muster rolls of the Virginia troops are to
be found in the archives of that State at Richmond.
Very respectfully,

Commissioner.
Page 67

Cynthiana, Ky
Feb. 25, 1946
Bureau of Pensions
Washington, D. C
Please give me any information 
you have, concerning 
the Revolutionary
Record of Henry (or Harry)
Talbot, who came to America
at the age of 13 from England.
and who look the "Oath
of Allegiance" in Maryland
during the Revolution
He was living in Fairfax
Co. Va. in 1790
(over)
Page 68

Also please give me the same
record concerning Major 
Benjamin Whaley, who
was born in 1760 and
died in 1833.
Also please give me any
information you have
concerning James and William
Whaley (brothers). I think
they were born in Maryland
or Virginia.
James married Lydia ^Ann Ramey
William [married] Barbara [Ramey]
" Barbara
Respectfully
(Miss) Frances Whaley
213 Addville Ave
Page 69

[letterhead; DEPARTMENT OF PENNSYLVANIA
WILL F. STEWART POST 180
GRAND ARMY OF THE REPUBLIC]
Uniontown Pa., June 21, 1925

Commissioner of Pensions
Washington D.C.
Allow me to express to you my
sincere thanks for the information furnished me by your
office in the case of Benjamin Whaley, who served in the
Revolutionary war. He was my grandfather I also served
through the civil war as a member of the 11th Penna. [Reserves], and of
18th Ohio Cav. My father and older brother also served
though the same war. Both are dead I am now nearly 82 years 
old.

most respectfully
Thomas B. Whaley
69 W. Main St.

[stamp: U. S. PENSION OFFICE
H
JUN 23 1923]
Page 70

letterhead: printed coat of arms with motto MIRABILE IN PROFUNDIS]

[stamp: U. S. PENSION OFFICE
DEC 13 1910]

Uniontown, PA 12/12/10

Department of the Interior
Washington
DC

Gentlemen:
Regarding the record of Benjamin Whaley
Sur. File No 31472, Revolutionary War. Was his application for
Pension allowed on the facts set forth by other people who
knew him or were the facts confirmed by records kept by
the State of Va of her soldiers during said time.
If I could get the names of the people giving the
information regarding his military service, and places
when they were sworn, I could trace the sourceof
information more fully. As Benjamin Whaley ^was of the
Virginia State Line, can you tell me whether or not
records of the troops were kept, and if so, where I
could obtain same
Very respect fully
James C. Whaley
Uniontown, Pa.
Page 71

[letterhead: G - 74.     1320-20M. 7-08.
The Monongahela Railroad Co.]

South Brownsville, Pa., Aug. 4, 1909.

Commission of Pensions,
Washington, D. C.

Gentlemen:
I wish to make inquiry relative to the records of Col. Benjamin
Whaley, who is supposed to have been a Colonel in the Revolutionary
War. We wish to asertain Mr. Whaley's birth-place, if possible.
His son James was a Captain of James Whaley's Company, of Fayette Co.
Pennsylvania in the War of 1812. The War Department has no record
of Benjamin Whaley and kindly refers me to your office.

Any information you can give will be highly appreciated, as
we wish to connect with a personal estate of the said Mr. Whaley.

Yours very truly,
HR Warnock
Page 72

[stamp: L. S. W.]

[stamp: U. S. PENSION OFFICE
A
AUG 5 1909]

[stamp: RECORD DIVISION
AUG 6 1909]
Page 73

[letterhead: CAPITAL $100.000.00  SURPLUS $1.000.000.00
270
First National Bank,
UNIONTOWN, PA.
J. V. THOMPSON, president    E. S. HACKNEY, Cashier
J. M. HUSTEAD, Vice President   F. M. SEMANS, JR. Asst Cashier
T. B. SEMANS, Teller]

Uniontown PA 7/30/09

Department of the Interior
Washington D.C
Gentlemen:
Will you kindly examine Benjamin Whaley's
(Rev. Soldier) application for pension and see if it
contains the names of his parents and where residing
I am tracing my ancestry hence the bother I am
giving you. [Dosen]t it give the name of the town
he resided in? Date of application was Aug 14
1832. Pension allowed. Where did you mail his
pension cheque to?
Hoping that you will pardon me for writing to you
so often, I remain
Very respectfully
James C. Whaley
Uniontown Pa
Page 74

[stamp: L. S. W.]

[stamp: U. S. PENSION OFFICE
A
JUL 31 1908]

[stamp: RECORD DIVISION
AUG 2 1908]
Page 75

[illegible] ct stamp enclosed
EB

Uniontown Pa
Jan 23/19

Rev War
[illegible]

To the official in charge
Dear Sir - 
Will you kindly furnish me
with a complete record of
Benjamin Whaley
who served in the Revolutionary War
Please give full details of the part
he took in this conflict. as I need
this record to establish my relationship, 
that I may be able to join
the Sons of the Revolution.
Most Respectfully
Frank M. Whaley

[stamp: U. S. PENSION OFFICE
A
JAN 25 1919]
Page 76

[letterhead: DEPARTMENT OF PENNSYLVANIA
WILL F. STEWART POST 180
GRAND ARMY OF THE REPUBLIC]

Uniontown Pa. April 7 1925

Commissioner of Pensions
Washington, D.C.
Can you give me the
military record of Benjamin Whaley who served with
the Virginia troops during the Revolutionary War. He
drew a pension which was paid to his son-in-law,
William Moreland, of Bourbon Co. Ky. If you have it
not where would I be likely to get it
most respectfully,
Thomas B. Whaley
69 W. Main
Uniontown, Pa.
[Adjutant] of Post 180,
G. A. R.

[stamp: U. S. PENSION OFFICE
H
APR 7 1925]
Page 77

Pittsburgh
Jan. 17 - 12


Mr J L Davenport
Commissoner
Washington D.C.
Dear Sir:
Would you be so
kind as to send me
the Military History of
S 3147
Benjamin Whaley of
the Rev. War, also the
Military History of James
Page 78

Whaley of the War
1812.
I wish to join the
Daughters of Revolution
and it is necessary
that I should have
a complete record of
my Great Grand father
and my Great Uncle
James Whaley
Again I am getting
Page 79

a complete Geanology
of our Family Ancestors
Thanking you in advance
for same.
Hoping to hear from
you at an early date
Yours Respt.
Mrs Emma Dravo
5904 Howe St
E. E.
Pittsburgh
Pa.

P.S. am visiting
in Connellsville
but will be at home
on June 19.
Page 80

Benj Whaley
Page 81

at the November Term of the County Court of
Bourbon County Kentucky, on the 3d day of
November 1831.
Administration of the Estate of Benjamin
Whaley Decd. is granted to William Moreland
who made oath, and together Thomas R Moreland
his security executed bond in the penalty of
two hundred dollars conditioned agreeably
to law.
In Testimony that the foregoing order
is truly copied from the Records of my
Office I have hereunto set my hand
and annexed the seal of my office
at Paris this 1st day of January AD.
1832.
Richd. J. Brown clerk of the
Bourbon County Court bKy
Page 82

Senate - Feby 2nd 1840

Sir,
Benjamin Whaley died some years
in Kenty. where he had long resided - 
One of his children, who lives in Pensylvania,
supposes that his father was a pensioner
& that money due on that account, was
received from the government, after his
death by his administrator or executor, -
For the information of that child, & at his
request, I beg to enquire of you how
the fact is - whether any money has been
so recd by the administrator or executor
& how much ^& the name of admr. or exr.^ - An early answer will
oblige
yrs &c
J J Crittenden

Jas: L Edwards Esq

P.S. Some weeks ago I sent
you the application of one claiming to be
put on the role of invalid pensioners -
I have recd no answer, & the delay has been
such that I have almost forgotten the name
of the applicant - I believe it was Rankin
JJC
Page 83

[postmark: [illegible] WH. CY.
Aug 17
[illegible] ]

[stamp: FREE]

Hon Secretary of War
Pension office Washington

P. O.
Aug 20. 32

No 1797 to 1799
Page 84

Norwich County Augt 17th 1832

Dr Sir, Please  have the goodness to
communicate to me the result of the
enclosed applications - 
yours very respectfully  [Eno.] [illegible]
Jus
Page 85

Connellville Fayette county Pennsylvania
February 15th 1840

Dear
Sir I beg leave to address your with
a few lines stating to you that I received
your answer & Documents to the the
Honourable Mr Crittenden which he
Forwarded to me Respecting My Father
Benjamin Whaley Now Decd in Relation
to his Pension / I am sorry to have to trouble
you so much in regard to this mater - 
But as an heir I am entitled to my share
& I wish to seek for It &c I wish you
to give me all the Information you can in
Relative to It the first is I want to know
Whether he drew the on the 4th of Septr 1833
the money himself or By an agent or an
Atorney or how much he has Received
& what he was entitled to in full less
to his death which was on the 7th day
of Septr 1833 Only 3 days after you
stated he drew last please give me
the name of the person or persons that
drew for him & second you state that
there is a ballance due to him or his
heirs my mother is dead he died before
him & there is four heirs living in
this State & 5 in the State of Kentucky
there is nine all together and if there is
any thing worth while I should like to have
my share I can file all the Documents
that you sent I wish to know if all of
the heirs will have to sign those you sent
or will you send Me More as the case
may be - if so send them to Me all of
the heirs here is willing to get their shares
& I will make all the necessary such
to give the rest that lies at a distance
the Information & comply with law -
Page 86

I shall when I get the mater fixed make
Mr Crittenden my agent or some of the Members.
of Congress Mr Henry Clay knew my father
and has been at his house in this state
and is well acquainted with him & family
Mr. Enos Hook our Member to Congress is
acquainted with us here & the Honl
Daniel Sturgen late senator is well acquainted 
With myself & Brothers & likewise
Mr Albert Marchand member
of Congress from Westmoreland is personly
acquainted with me I can satisfy
you that what I State is true
It is more than likely I will go to
Washington City myself if I can get
Maters arranged to sute myself & apear
in person My father is entitled to land
from Virginia & I want to trace that
[less] I merely mention those Gentlemens name
above to show you that what I write
is true if you should see any of them
please mention the case to them
& Whatever trouble you are at
I will satisfy you for It I know
you cannot pay any there by my
writing in this way But want to
get all of the Information I can upon
This subject - Please write to me
as soon as you Recive this
& state any thing perticular & I shall
forever feel Indebted to you for the favor
Yours very Respectully
Mr James L Edwards } Washington Whaley
Page 87

The Deposition of Captain Thomas Young
taken at the Tavern of John T Langhorne in the
town of Maysville Mason County Kentucky on
the 23d day of November 1830 to be used as
Evidence to prove the services of Colo. Benjamin
Whaley during the Revolutionary War.

This deponent aged about Eighty years
being duly sworn deposeth and saith, that some
time in the spring of the year 1781, he became
acquainted with Colo. Benjamin Whaley at
Pittsburgh where he was then recruiting as an
officer in the Virginia line and under the command
of Genl. George Rogers Clarke, who was raising
Troops for an Expedition against Detroit, that
he then understood & believes that Colo. Benj. Whaley
was at that time, [crossed out: was] a Captain and had command
of a Company Commissioned by the Governor of
Virginia in the State line, that he was with General
Clarks troops at Louisville Kentucky and did duty
with Colo. Whaley until the fall of the year 1781.
when the time of the Inlistment of the men expired
and this deponent retired as a Supernumery Officer
He does not recollect seeing Colo. Whaley again until
about the year 1788 in Lexington & has been acquainted with
him ever since. And further this deponent saith not
Thos. Young

State of Kentucky Mason County Ss
The foregoing Deposition of Capt. Thomas Young
was this day taken subscribed & sworn to be due form before
me a Justice of the peace for said County Given under
my hand this 23d. day of November 1830
James Blair
Justice of the Peace
for Mason County
Kentucky
Page 88

State of Kentucky Mason County Sct
I Marshall Key clerk of the County Court of said
County Certify that James Blair esquire when name is
subscribed to the within Certificate is and was at the
time of subscribing the same, a Justice of the peace acting
in and for said County, duly commissioned and qualified
and that full faith and credit ought to be given to all
offical acts by him done.
In Testimony whereof I have hereunto set
my hand and affixed the seal of said
County at Washington the 25th day of
November 1830
Marshall Key
Page 89

19 Cong
1 Sess. } L.

Petition
of Benjamin Whaley
for pension on account
of Revolutionary services

1826, Feb. 24th referred to the
com'tee on Pensions. -
March 29 dischd.

The comtte ask to be
discharged because in
1st Petitioner does not
appear to have served
in continental establishment
2d Recd no wound
3d Evidence wanting
to bring him within
any Law granting
pensions

Leave to withdraw these
papers granted by the
Senate Feb: 28. 1831 -
Page 90

The affidavit of John Knight to a petition
of Benjamin Whaley of Lexington, (Ky) to
the senate & House of Representives of the
Congress of the U. States; states that he
knew said Whaley in the service of the
U. States ^on General McIntoshs expedion,^ in the year 1778, & until 1781
when he received a captains commission
to raise a company of volunteers for General.
Clarks expedition; which company he raised
& Marched for the western country; & further
this affiant knows not, of his own knowledge
but from information of others he believes the
remainder of said Whaleys statement is
correct
John Knight
Late Surgeons Mate 7th Virga Regiment

Also the affidavit of Joseph Winlock on the
service above alluded to, States that he is
said Whaley in the service of the U. States
on General McIntosh Expedition in the
year 1778 & until 1781 when he received
a captains commission to raise a company
of volunteers for General Clarks expedition;
which company he raised & Marched for the
Western County, & further this affiant know[illegible]
not of his own knowledge; but from the in[illegible
-mation of others he believes the remainder [illegible]
said Whaleys statement is correct
Joseph Winlock
Late Lt. Virga. Reg[illegible]
Page 91

State of Kentucky
Bourbon County } [Jct] This day personally appeared before
me a Justice of the peace in & for the County aforesaid
Enoch Wingfield and made oath that he is
personally acquainted with Benjamin Whaley &
has known him since the summer of the year 1777
that in the summer of 1777 said Whaley & [Enoch]
entered as privates in the company of Capt Edward
Lucas to serve in the army of the United States for
the term of six months, that they both served out
the said term of six months together; they volunteered
at Martinsburg in Berkley County Virginia & marched
under Capt. Lucas from Martinsburg to Pittsburg;
That in the year 1778 he knew that said Whaley
was in the service of the United States & saw him in
the service of the United States at Fort McIntosh &
at fort Lawrence, that said Whaley was in the
service till the year 1779. That he does not
know the length of time said Whaley was in the
service altogether though it was he knows for
a much greater time then the six months for
which he & said Whaley volunteered together - 
Given under my hand & seal this 22nd of
Augt 1832
H. Timberlake

State of Kentucky
Bourbon County } SS.
I Thomas P. Smith Clerk of the
Court for the County aforesd do hereby certify that
Henry Timberlake before whom the foregoing
affidavit of Enoch Wingfield was taken is now
Page 92

& was at the time of taking said affidavit a Justice
of the peace in & for said County duly commissioned
& qualified as such and that full faith &
credit is due & ought to be given to his official
acts as such
In Testimony whereof I have hereto
set my hand & the seal of
my office this the 22nd day
of August 1832
Tho. P. Smith
of the
whose
by
Geo. W. Williams DCBC

The foregoing affidavit is taken in support
of the claim of Benjamin Whaley for a pension
whose declaration was a few days since
forwarded to the Department of War