Revolutionary War Pension and Bounty Land Warrant Application File S. 16,292, Edward Wheeler, Conn. Mass. New York

SERVICE
Wheeler, Edward
NUMBER
Conn. Mass. New York. CONTENTS
S. 16292
carded

24764 New York
Edward Wheeler of Cayuga Co in the State of New York who was a Private in the Comp y command by Captain Huntington of the Reg t command by Col Huntington in the Connecticut line for 12 months, 12 days New York Continental aw
Inscribed on the Roll of New York at the rate of 41 Dollars 42 Cents per annum to commence on the 14th day of March, 1834.
Certificate of Pension issued the 20 day of Feb 1834 and sent Hon. R. Day H. C. Reps
Arrears to the 14th of Sep 33 $103.55 Semi-ant. allowance ending 4 Mar 34 20.71 $124.26
Revolutionary Claim, Act June 7, 1832.
Recorded by No. Cromwell Clerk Book C Vol. 4 Page 129
Paid at the Treasury under the Act of the 15 th April 1838 from 4 March to 4 Sept 1837, age Notified 22 Oct 1838.
Aug. 22. 1839

28465 Edward Wheeler
1 st term of eight mo was a private detailed for Artillery services -
3 rd term (5 mo) disallow- ed - not satisfactorily recited as to officers & engaged in the character of a laborer - not in the corps of Col l Artillery services -
Adm d 12. mo. 12 ds. pri
Agent - Albion Auburn NY

State of New York Cayuga County
On this 4 th day of February 1884 personally appeared before me first Judge of the Court of Common Pleas of Cayuga County in said State Edward Wheeler in the annexed declaration named who being duly sworn makes the following declaration explanatory of the facts stated therein. That during his first term of service in the year 1875 commencing July first as therein stated he belonged to the Connecticut State troops and that the corps of artificers to which he was attached was composed of men taken indiscriminately from every company & Regiment in the Army, and selections were made of such as were carpenters and joiners before entering said Army, and that he did not consider himself as belonging to the Massachusetts troops during said term - that during said term of eight months according to his best recollection he served one month and twenty five days as a private soldier and six months and five days as an artificer.
That during his said four months term in the company of militia commanded by Capt John Groom the said Col Simonds was not in service, but that said Capt John Groom when at home was a militia captain in the Regiment of said Simonds living in quite the north west corner of the State of Massachusetts that he the applicant was then a young man and had left his home in quest of employment for a livelihood that he had not obtained a permanent residence in the neighbourhood previous to entering said service under said Groom - that there was only this company raised at that place at the time and was raised as he understood for the purpose of keeping garrison and performing other military duty with the continental troops at Mount Independence and his service continued

four months as a private soldier, that in consequence of his having been almost a stranger in the place where said company was raised he cannot remember the names of his officers farther than set forth in his said declaration.
That at the time of entering service in November 1876 he did not join any company or Regiment until he arrived at Albany in in the State of New York - that he went to Albany for the purpose of engaging in service, that when he arrived there he joined the New York troops and marched to Picoaroga as stated in said declaration - that the destination of said troops was as he was informed to fill vacancies occasioned by the absence of other troops whose term of service had expired or was about to expire and consequently there was no very regular and strict organization or discipline until our arrival at Picoaroga as aforesaid, and he gives that as the principal reason why he does not remember the names of his officers. After our arrival at Picoaroga the said corps of troops were divided and used to fill up the different companies, that he the applicant was mustered regularly in one of the Continental companies at Picoaroga but owing to the shortness of the time that he was a member of said company and the length of time that has elapsed since said service he is unable to give the names of his officers until he entered the company of Artificers when he served under Capt Thayer & Col Hays as stated in said declaration - that during this term he served as a private soldier two months and five days and as an artificer five months and twenty five days according to his best recollection, that he thinks his said service to have been longer but owing to want of recollection and the long

time which has elapsed he can only give the length of time according to his belief and best recollection. That his tour of twelve days in the year 1777 at the time of Bennington Battle was performed at a time of general alarm, when all the militia turned out without distinction or organization until they came to Bennington and were organized for battle, that there was but little discipline among the militia at that time where he was, but at the time of the battle they were mustered and organized in the quickest and easiest manner possible and that he the applicant served as stated in his said declaration. That he was engaged in said battle of Bennington and remained on the field & assisted in burying the dead after the battle
Sworn this 4 th day Feby 1834 J Edward Wheeler before me
J. L. Richardson first Judge of Cayuga
I certify that I am well acquainted with the said Edward Wheeler and have been for many years and I esteem him as a man of good character of high respectability and a man of truth and veracity
J. L. Richardson first Judge of Cayuga
State of New York Cayuga County
vs I Michael S Myers Clerk of the Court of Common Pleas of said County do certify that Joseph L Richardson is first Judge of said Court that I am acquainted with his hand writing and believe his signature to the foregoing declaration & certificate to be genuine Witness my hand and seal of office the 4 th day of February 1834
M. S. Myers clk By (L. Merrill) Dep. Clerk

Commonwealth of Massachusetts.
Secretary's Office, Decem r 30 th 1833.
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 rolls of Capt John Grover's Company in Col Simonds's Regt. 1776. under which Edwards Wheeler claims for services, are not found in this Office.—
Edwards Wheeler's claims for services under Capt Wheeler's Company of Artificers in 1776. the rolls of Artificers under Capt Wheeler are not found in this Office
Edward D Bangs. Secy

State of New York
Cayuga County } ss I Michael S Myers Clerk of the Court of Common Pleas in & for said County do certify that the annexed contains the proceedings of Joseph L Richardson in the matter of the application of Edward Whalen for a pension. I further certify that the said Joseph L Richardson before whom the annex- ed affidavit declaration & certificates were made and by whom the annexed certificate was made was on the day of the date of the same first seen of said Court that I am well acquainted with the handwriting of said judge & believe his signa- ture to said affidavit declaration & certificates to be genuine. Witness my hand & Seal of office the 16 th day of February AD 1833.
M. S. Myers Clerk

State of New York
Cayuga County } ss Affa Smith of Fleming in said County being duly sworn deposes and says, that she is aged seventy years & upwards and is Sister to Edward Wheeler of Fleming aforesaid who has this day made a declaration in order to obtain a pension which declaration is hereto annexed. She further says that at the commencement of the Revolutionary war she resided at home with her father then in the town of Norwich in the County of New London in the State of Connecticut. She further says she well remembers that about the month of July A D 1775 the said Edward Wheeler enlisted into the service of the United States for the purpose of going to Boston and joining the American Army. That said Wheeler left home to go into said service & continued absent until the month of March following a term of about eight months when he returned home. That upon his return she understood that he had been in said service. She further says that soon after his return from Boston said Edward Wheeler left home and removed to the County of Berkshire in the State of Massachusetts and she has always understood that during the war, and whilst a resident at that place he was in said service, but has no other knowledge thereof than reports, which reports she has never had reason to doubt, and has never doubted them.
Sworn & subscribed the 16 th day of February A D 1833 before me
Affa Smith her mark
J. L. Richardson First Judge of Cayuga
I certify my opinion that the said Affa Smith is a person of truth & veracity. Feby 16 th 1833
J. L. Richardson First Judge of Cayuga

State of New York
Cayuga County ss I Parley Wheeler of Fleming in said County do certify that I am aged sixty eight years & upwards and am brother to Edward Wheeler mentioned in the foregoing affidavit that at the commencement of the Revolutionary War I resided with my father in the County of New London in the State of Connecticut that I have heard the said affidavit of the Affa Smith read and from his  my own knowledge have no doubt that all the facts stated in said the affidavit are true, and that he concurs with said Affa Smith in the statement therein made so far as they relate to the services of said Edward Wheeler
Sworn & subscribed the 16 th day of Feb y Parley Wheeler Feb y 16 1833 before me
J. L. Richardson First Judge of Probate
I certify my opinion that the facts above stated by said Parley Wheeler are true Feb y 16 1833
J. L. Richardson
First Judge Probate

State of New York
Cayuga County } ss On this sixteenth day of February AD 1833 personally appeared before me first Judge of the Court of Common Pleas in & for the said County Edward Wheeler of Fleming in said County aged seventy nine years & upwards who being first duly sworn doth on his oath make the following declaration in order to obtain the benefit of the act of Congress passed June 7 th 1832
That he entered the service under the following named officers and served as herein stated That he was born in the town of Norwich in the County of New London in the State of Connecticut in the year 1753, and has no record of his age as he believes, that he continued to reside in said town until the time of the Revolutionary war - that about the first of July AD 1775 he enlisted into a company of Connecticut troops commanded by Col Jedediah Hun- tington, Lieutenant Ebenezer Huntington, for a term of seven months, that said company was raised & organized by said Col Jedediah Huntington and marched under him, to Dorchester near Boston where he arrived about the twentieth of July aforesaid, that soon after said company arrived at Dorchester said Ebenezer Huntington was promoted to the rank of Captain & took the command of said company, & the said Jedediah Huntington as he believes was appointed to the command of the Regiment to which he belonged, that about the twenty fifth of August following as he believes, a call was made for all the carpenters & joiners to unite & form a corps of Artificers, that he being a Carpenter by trade enlisted into said corps of Artificers about the day last aforesaid into a company commanded by Capt. Wheeler (the names of his other officers he does not remember) and continued to serve as such Artificer until about the first of March AD 1776 - that he continued to serve one month over the time of his enlistment

to keep up the organization of the army until the other troops should come in to fill the places of those whose term had expired. that he was employed during said term in building Barracks at Dorchester aforesaid for the use of the army, That whilst stationed at Dorchester he saw & knew Gen Putnam, Gen Washington, and others.. He further says that in the following Spring he removed to the town of Hancock in the County of Berkshire in the State of Massachusetts. that about the first July AD 1776 he again entered said service as a volunteer in a company of Militia commanded by Capt John Grover, (the Regiment & Ensign he does not now remember) in the Regiment commanded by Col Simonds, that he marched first to Skeneborough, from thence across the lake and on to mount Independence where he joined the continental Army, under the command of Gen Schuyler as he believes, that the militia continued in camp with said continental troops and performed duty with them a term of four months according to the best of his recollection, when he was dismissed and returned home - that he does not remember the names of his Regiment & company officers further than above stated. He further says that in the month of November following he again entered said service as a volunteer and went to Albany where he joined the New York troops and marched from thence to Skeneborough from thence across the lake to Ticonderoga, that when said troops arrived at Ticonderoga they were separated, and taken into different continental companies to fill the vacancies occasioned by the absence of continental troops who had the Virginian & other troops whose term of service had expired, that he entered a continental company, but does not recollect the names of his officers, and that soon afterwards he entered a company of Artificers commanded by Captain Thayer under the command of Col Hays, and continued to serve in said company

of Artificers until Tiendadoga was abandoned at the approach of Gen Burgoyne in July 1777. that he served in said company of Artificers about five months & twenty days as he believes and the rest of the time as a soldier in the ranks. that during said winter of 1777. he saw Gen Wayne who he believes was in command at that place. that he also saw Gen Schuyler. & Gen St Clair. & that Gen St Clair commanded at the time Tiendadoga & Mount Independence were evacuated. that when said place were evacuated said corps of Artificers was deranged and disorganized. and that he continued with said retreating army, down to Skeneborough and from thence he returned home, where he remained about two weeks, when he was again called out & entered said service in a company of militia commanded by Capt William Douglass in the Regiment commanded by Col Simonds & marched to Bennington and was engaged in the battle of Bennington. and that he continued in said service a term of twelve days when he was dismissed and returned home. that his whole term of service as an artificer as he verily believes was one year and his term of service as a private soldier was eight months & twelve days: that he does not recollect the names of his officers further than above set forth. that he removed from Berkshire County aforesaid to Salem Washington County & State of New York where he continued to reside about eight years when he removed to the place where he now resides where where has continued to reside ever since being a term of forty two years & upwards . That Samuel M c Plumb of Rem- -ing aforesaid is a clergyman and Luther Hamilton also resides in said town that they are both well acquainted with him and can testify as to his character for truth and their belief of his services as a soldier of the Revolution. That he never received a written discharge from said service as he believes

if he did he has lost the same and that he has no documentary proof thereof that he knows of no person who was with him in service by whom he can prove any of said services by person knowledge - that he is now old & his memory is somewhat impaired, and that owing to this fact & the fact that he never expected to have occasion to remember the names of his different officers, and that many years has now elapsed since said services were performed, he is unable to be more particular as to his said services
He hereby relinquishes all claim whatever to a pension except the present and declares that his name is not on the pension list of any state or territory
Sworn & subscribed the day & year aforesaid { Edward Wheeler J. L. Richardson first Judge of Court
We Samuel M Plumb a clergyman residing in Fleming in the County of Cayuga & Luther Hamilton residing in the same town do certify that we are well acquainted with Edward Wheeler who has subscribed & sworn to the foregoing declaration, that we believe him to be seventy nine years of age, that he is reputed & believed in the neighbourhood where he resides to have been a revolutionary soldier and that we concur in that opinion
Sworn & subscribed the day & year aforesaid { Samuel M. Plumb J. L. Richardson { Luther Hamilton first Judge of Court
And I the said Judge do hereby declare my opinion after an investigation of the matter & after putting the interrogatories prescribed by the war department that the said Edward Wheeler was a Revolutionary soldier and served as he states, and I further

certify that Samuel M Plumb who has subscribed & sworn to the preceding certificate is a clergyman resident in Fleming aforesaid & that Luther Hamilton who has also signed the same is a resident of Fleming and is a credible person and that their statement is entitled to full credit. I further certify that I have been personally acquainted with said Edward Wheeler for a long time. that he is one of the oldest as well as most respectable inhabitants of the town in which he resides. and further that he is unable to attend Court by reason of age & bodily infirmity Dated Feby 16 th 1833
L. Richardson First Pres. of Court
I certify that I am well acquainted with the above named Edward Wheeler, Parley Wheeler, Samuel M. Plumb and Luther Hamilton, that they are all respectable and in my opinion entitled to full credit
U. F. Doubleday
Washington Feby 22, 1833

28465 Edward Wheeler
room 2
ej Ref to E.D. Bangs ff
Hn R. Day A. Gould Esq Auburn New York

WAR DEPARTMENT,
Pension Office,
Nov 23. '33
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 subjjoined notes, you will readily perceive that objections exist, which must be removed, before a pension can be allowed. The notes and the regulations will shew what is necessary to be done. These points to which your attention is more particularly directed, you will find marked in the margin with a brace, (thus: { ). You will, when you return your papers to this Department, send this printed letter with them; and you will, by complying with this request, greatly facilitate the investigation of your claim.
A Statement, shewing the Service of Edward Wheeler
   Period when the service was rendered. Duration of the claimant's service. Rank of the claimant. Names and rank of the Field officers under whom he served. Age at present, and place of abode when he entered the service. Proof by which the declaration is supported.   Years. Months. Days.     1775 July Col Huntington Capt Huntington 79 years Connecticut   about 8 artificer Capt Wheeler   1 st July 1776 4 Pvt Capt Grown Col Simonds   about 5 Artificer Col Hays Capt Hays   1777 12 Pvt Col Simonds Capt Douglass  
I am, respectfully,
Your obedient servant,
JAMES L. EDWARDS,
Commissioner of Pensions.

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 } ss. County of }
On this day of personally appeared (a) before A. B. a resident (b) of in the county of and State, Territory or District of aged (c) 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 provision made by the act of Congress, passed June 7th, 1832. That he enlisted in the Army of the United States in the year (d) , with and served in the (e) regiment of the line, under the following named officers :
[Here set forth the names and rank of the Field and Company Officers; the time he left the service; (and if he served under more than one term of enlistment, he must specify the particular period, and rank and names of his officers;) the town or county and State in which he resided when he entered the service; the battles, if any, in which he was engaged, and the country through which he marched. This form is to be varied so as to apply to the cases of officers and persons who belonged to the militia, volunteers, navy, &c.]
He hereby relinquishes every claim (f) whatever to a pension or an annuity, except the present, and he declares that his name is not on the Pension Roll of any Agency in any State, or (if any) only on that of the Agency in the State of
Sworn to and subscribed the day and year aforesaid.
A. B.
[And then will follow the certificate of the Court.]
And the said Court do hereby declare their opinion (g) that the above named applicant was a revolutionary soldier, and served as he states.
I of the Court of do hereby certify (h) that the foregoing contains the original proceedings of the said Court in the matter of the application of for a pension.
In testimony whereof, I have hereunto set my hand and seal of office (i) this day of &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 and C. D. residing in (the same) hereby certify, that we are well acquainted with , who has subscribed and sworn to the above declaration; that we believe him to be 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 days and year aforesaid.
[And then will follow the certificate of the Court.]
And the said Court do hereby declare their opinion, after the investigation of the matter, and after putting the interrogatories prescribed by the War Department, that the above named applicant was a Revolutionary Soldier, and served as he states. And the Court further certifies, that it appears to them that A. B. who has signed the preceding certificate is a clergyman, resident in the and that C. D., who has also signed the same is a resident in the and is a credible person, and that their statement is entitled to credit.
I, Clerk of the Court of do hereby certify that the foregoing contains the original proceedings of the said Court, in the matter of the application of for a pension.
In testimony whereof, I have hereunto set my hand and seal of office, this day of &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
By applying to E.D. Bangs Esq. Secretary of the State of Massachusetts. Applicant may obtain proof of his services and etc.

alleged service, as they are known at the Department. A very full account of the services of each person 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 the 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 traditional 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 inquiry whether the belief is general, and whether any doubts have ever existed upon the subject.
Applicants unable to appear in Court, by reason of bodily infirmity, may make the declaration before required, and submit to the examination, before a Judge or Justice of a Court of Record of the proper county, and the Judge or Justice will execute the duties, which the Court is herein requested to perform, and will also certify that the applicant cannot, from bodily infirmity, attend the Court.
Whenever any official act is required to be done by a Judge or Justice of a Court of Record, or by a Justice of the Peace, the certificate of the Secretary of State or Territory, or of the proper Clerk of the Court or County, under his seal of office, will be annexed, stating that such person is a Judge or Justice of a Court of Record, or a Justice of the Peace, and that the signature annexed is his genuine signature.
No payments can be made on account of the services of any person, who may have died before the taking effect of the act of June 7, 1832; and in case of death subsequent thereto, and before the declaration herein required is made, the parties interested will transmit such evidence as they can procure, taken and authenticated before a Court of Record, showing the services of the deceased, the period of his death, the opinion of the neighborhood respecting such services, the title of the claimant, and the opinion of the Court upon the whole matter.
[a] The declarant must appear in open Court, unless prevented from doing so by reason of bodily infirmity; in which case the declarant will follow the rule laid down for his guidance.
[b] The declarant must make his declaration in the county where he resides. If he should fail to do so, he must assign a sufficient reason for not conforming to 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 to determine to what amount of pension he is entitled. In a case where the applicant cannot, by reason of the loss of memory, state precisely how long he served, he should amend his declaration by making an affidavit to the following words:
"Personally appeared before me, the undersigned, a Justice of the Peace, &c. A. B., who, being duly sworn, deposeth and saith, that, by reason of old age, and the consequent loss of memory, he cannot swear positively as to the precise length of his service; but, according to the best of his recollection, he served not less than the periods mentioned below, and in the following grades:—For _____ year _____ months, and _____ days, I served as a _____. For _____ months and _____ days, I served as a _____; and for such service I claim a pension."
It is important, in all cases, to determine with precision the period for which each applicant served, and the particular rank he held, as the law directs the pension to be paid according to the grade of the pensioner and the length of his service. The use of the phrase about three or four months , is too indefinite, and all such qualifying expressions are objectionable. Some persons who apply for pensions merely state that they served two years in the militia, &c. without specifying the tours, the names of the officers, and other particulars respecting their service. This form of a declaration is highly objectionable. It must, in every case, be clearly shown under what officers the applicant served; the duration of each term of engagement; the particular place or places where the service was performed; that the applicant served with an embodied corps called into service by competent authority; that he was either in the field or in garrison; and for the time during which the service was performed, he was not employed in any civil pursuit.
[f] The law makes the relinquishment indispensable.
[g] The opinion of the Court is always required.
[h] The Clerk must give his certificate in every case.
[i] The Clerk must affix his seal, and if it has no device or inscription by which it can be distinguished from any other seal, or if he has no public seal of office, the certificate of a Member of Congress, proving the official character and signature of the certifying officer, should accompany the papers.
Mode of authenticating papers.
In every instance where the certificate of the certifying officer who authenticates the papers is not written on the same sheet of paper which contains the affidavit, or other papers authenticated, the certificate must be attached thereto by a piece of tape or narrow ribbon, the ends of which must pass under the seal of office of the certifying officer, so as to prevent any paper from being improperly attached to the certificate.
Proof of Service.
[j] In a case where the name of the applicant is not found on the records of the Department, he must prove his service by two credible witnesses who are required to set forth in their affidavits the time of the claimant's entering the service, and the time and manner of his leaving the same, as well as the regiment, company, and line to which he belonged. The magistrate who may administer the oaths must certify to the credibility of the witnesses, and the official character and signature of the magistrate must be certified by the proper officer, under his seal of office.
[k] The notes from [a] to [i] are all equally applicable to the cases of Militia men, Volunteers and State Troops. The proof required by rule in note [j] applies to continental troops only.
[l] This traditional evidence is indispensable in militia cases.
[m] If a witness cannot be found, the declarant must state the fact.
[n] The answers to the interrogatories must all be written, and sent to the War Department, with the declaration.

16.292 INVALID.
File No. 16292
Edward Wheeler
Pr. Pier Mar
Act: June 7 th 82
Index:—Vol. 1 , Page 405
[Arrangement of 1870.]

Treasury Department,
Second Comptroller's Office,
October 6 th 1838.
Sir:
Under the act of the 6th of April, 1838, entitled "An act directing the transfer of money remaining unclaimed by certain Pensioners, and authorizing the payment of the same at the Treasury of the United States," Edward Wheeler a Pensioner on the Roll of the Albany, N. Y. Agency, at the rate of forty one Dollars and forty two Cents per annum, under the law of the 7 th June 1832 has been paid at this Department, from the 4 th of March 1837 to the 4 th of September 1837.
Respectfully, yours,
Albion K. Parrish Comptroller.
To the Commissioner of Pensions, Present.