Revolutionary War Pension and Bounty Land Warrant Application File R. 11,380, David Wheeler, Mass.

SERVICE
NUMBER
Mass
Wheeler David
R 11,380
Hannah
CONTENTS

Commonwealth of Massachusetts
Berkshire ss.
On the seventh day of July AD 1837 personally appeared before me William P. Walker Esq. Judge of Probate of wills, &c. for said county, Hannah Wheeler resident of Lanes- borough in said county, aged ninety two years, who being first duly sworn according to law, doth on her oath make the following Declaration in order to obtain the benefit of the provisions made by the Acts of Congress, particularly of the provision made by the act of Congress passed July 4, 1836, That she is the widow of David Wheeler late of said Lanesborough, deceased, who was a Captain of a company of militia in Colonel Simmons's Regiment, during the Revolutionary War ; and was gone from home so much on alarms, that I wanted to have him resign; and he did, and was discharged; but the company immediately chose him again, and he served till the war was over: One time when he had a child thirteen days old , Colonel Simmons sent to him

him that he must go to Ticonderoga; this was in December, and he went & was gone all winter, and I think did not return till April: When Independence was Declared, he was at Fort Anne: He went to the Bennington Battle, and four men in his Company were killed, two of them had families; it was rumored that he was killed, and when he returned I cried, and he asked me if I was sorry, but I told him I was crying for joy - He brought home some Hessian Officers to our house, and I declined shaking hands with them, but got them victuals: He was in the battle at Fort Anne: He went out on all the alarms , and Colonel Simmons who lived in Williamstown was his Colonel and sent down orders for him to go - he was called out a great many times in a year: One time every blanket in the house were taken by his soldiers; and always all provisions and blankets that his men wanted.
She further declares that she was married at Blandford, in her father's house ( at to Squire Taylor of Westfield) to David Wheeler of Lancaster, in the November next preceding the February when she was twenty two years old - her birth day was the 18 th of February

February; And that her husband the aforesaid Captain David Wheeler died in the winter, she thinks January Eighteen hundred & eighteen, at Dalton in s d county of Berkshire, of decline from old age and a broken constitution; and that she has remained a widow ever since that period; as will more fully appear by the proof herewith accompanying: And that she has no documentary evidence of the grade or length of service of the deceased, and by reason of age she is unable to declare the particulars in relation to the service of s d deceased other than she has above stated and for supply of proof in that behalf refer to the accompanying affidavits
Hannah Wheeler
5. Subscribed & sworn to before me at the dwelling house of said Hannah Wheeler in Lanesborough she being unable by reason of bodily infirmity to appear in court William P. Walker Judge of Probate
Commonwealth of Massachusetts
Berkshire county ss. I. Henry W Bishop - Register of the Court of Probate within & for said county of Berkshire do certify that the foregoing contains the original proceedings of said court in the matter of Hannah Wheeler's application for a pension -
In testimony whereof I have hereunto set my hand & the seal of said court this Eleventh day of July. A.D 1837
Henry W Bishop - Register of Probate

Timothy Whitney of Lenoxboro' in the County of Berkshire & Commonwealth of Massachusetts of lawful age before & say ever since the first of January 1790 have resided in Lenoxboro' and then became acquainted with the within named Capt. David Wheeler and Hannah Wheeler his wife, who before marriage was Hannah Pease of a town of Blandford; and ever after knew him until his decease which according to my best recollection I think was in the winter of the year 1818. and know that ever since she has remained his Widow - and further the deponent saith not
Timothy Whitney
Commonwealth of Massachusetts
Berkshire ss. July 11 th 1837 Then Timothy Whitney Personally appeared and made oath to the truth of the foregoing Deposition by him subscribed, before me Henry Hubbard Just Peace.

X2368 Nannah Wheeler Massachusetts.
2.368.

Blandford June 28 th 1837
Dear Sir
Yours of 25 th inst is received this afternoon. and according to your request I have examined the records of this Town and find a Marriage of David Wheeler & Hannah Price, of which the following is a copy V.3.
"91
This may certify that David Wheeler of Lanesborough and Hannah Price of Blandford was joined together in Marriage by Eldad Taylor Justice of the Peace November 19 th 1767"
Commonwealth of Massachusetts Hampshire County ss. Blandford July 28, 1837.
I hereby certify that the above is a true and exact copy of record
Attest Samuel S. Day Town Clerk
At a Legal meeting of the Inhabitants of the Town of Blandford duly convened and assembled at the Town House in said Town on Monday March 13 th at 9 o'clock in the forenoon 1837,
Chose Justice Wilson Moderator
" Samuel S. Day Town Clerk and sworn by Justice Wilson Moderator
Commonwealth of Massachusetts Hampshire County ss. Blandford June 28 th 1837
I hereby certify that the above is a true and exact copy of record
Attest Samuel S. Day Town Clerk
First Postage } 60 cents }

I Samuel L Day of Blandford aforesaid of law- ful age, do hereby say that the within copies are exact and true.
Samuel L. Day
Commonwealth of Massachusetts Hampden County ss. On the 18 th day of July A.D. 1837 the aforesaid Samuel L. Day subscriber of the foregoing Affidavit personally appeared and made solemn oath according to law that the matters therein contained & alleged is true and correct before me.
Orion Sayer Justice of Peace

11380

X Barnes Wheeler Massachusetts.
Rejected
per letter 29 th
Ag t 187 N. Mulba
Copies of papers sent to H m G. N. Briggs H.R. No 24. 1838
husband died not even six months,

Acts of July 14, 1862, and March 3, 1873.
11.380
P. O. _____
Hannah Wheeler
Service: _____
REJECTED
Enlisted: _____, 18
Discharged: _____, 18
Application filed: _____, 18
Alleges: _____
Re-enlisted: _____
Attorney: _____
P. O. _____
_____ Recognized. _____ Contract
_____ Cert. of Dis. Searched for _____, 18

War Dept. Pensions Office Sept 29, 1837
Sir
The papers in the case of Mrs. Hannah Wheeler widow of David Wheeler have been ex d . The rolls of his company in this office show that he performed a number of tours the of service, but the aggregate is less than six months. The witnesses who testify are also found in his roll and in some cases  some cases no tour but one do the rolls show the service to have been so long as they allege. The 3 d section of the act of 4 July 1836 provides for none who did not serve six months. The claim has therefore been rejected and the paper filed in this office. If David Corman, one of the witnesses is in the receipt of a pension, it should be stated under what act, and at what agency he is paid. He alleges to have served six months under Captain Wheeler

as a Lieutenant This is fixed on the role for two terms only as a private.
H. Hubbard
29 May 1867
O.C.
H. Hubbard
Resent
H. Hubbard Esq. Pittsfield Mass.

1868 July 12
2368 Nels. Lars. 4 July 1868 30/10
Samuel Wheeler same
FREE
L. L. Edwards Commissioner of Pensions Washington D.C.
4 July

Pittsfield July 26 1837
Hon J L Edwards
Sir. The enclosed papers are an Application & its supports for a pension to a widow of a militia Captain, serving throughout the Revolutionary war, on the northern border of Indian & British incursion for the devastation Subjugation of the revolted colonies. Their hospitable mansion was sure to afford refuge and refreshment to Whigs. He liberally devoted his person and property to the cause of his country. How grateful to the feelings of humanity, will it be to witness the bounty of Government distilling like the dew from Mount Hermon, on the aged

and in firm belief of one who served not only six months, or two years, but during the whole period of warfare and alarm, which was from '75 till after Col. Brown was killed at Stone Arabia, near Fort Plain. To see her enjoying some of those comforts, which she so liberally bestowed on others - the friends of their country, in their greatest need & pervil - encourages patriotism, and fortifies the brave.
Mr. Coman, D. Dep. makes the time of service 18 months at the least. If the lowest possible period is taken it is 8 months - for D. Dep. of Brown makes three - Pettibone two and the Old Lady at one time three or four months. I hope & pray you will have no difficulty in determining that she is entitled to a pension - and then whether it is a little larger or smaller cannot be of very great importance, seeing that

she who is to receive it is 91-2 years of age.
Without reflecting I sent for the affidavit of the Town Clerk to his Certificate - being informed that that was necessary - which can only be where it does not appear that he took the oath of Office; but not where his appointment and taking the oath is matter of record , which he, as the only certifying officer has certified, as is done in the present case. I have however sent for the Certificate of County Clerk that Mr Sage, before whom the town Clerk swore to his true return, and will cause it to be forwarded.
Most respectfully your obedt Servt.
H. H. Hubbard

Mr Wheeler
Mr Brown
184
H. G. N Briggs NR

Will Mr Edwards be so good as to furnish me with copies of the evidence in support of the application of Mrs. Wheeler, Attorney of Leamington Mass. Christian name not recollecting Her papers were made out sent by H. Hubbard of Pittsfield Mr —
G. N. Briggs
J. L. Edwards Enc Copy of Paper

Memorandum of Pension as it appears from the rolls.
[Faint, mirrored bleed-through text from the reverse side of the page]

8 days from 12 Oct 1780 to — vol h3 page 191
5 days — 26 Oct 1780
11 do 29 Oct 1780
St Ann 6 do ————— 1776
6 do { 30 June to 25 July 1777 26 days ————— 12 Oct ————— 1777
196 do for 16 Dec 1776 to Mar 22 1777 39152 C 5-2
1 m. Jan 1777 St Ann Amos Pillsbury
1 m. Feb 1781
Daniel Coman the writer who says he served 18 months under Capt D. Wheeler as a lieutenant is found on his roll as a private only

I Daniel Corman of Berkshire in the County of Berk- shire & Commonwealth of Massachusetts, of lawful age. testify and say, that there was an alarm in seven or eight days in Seventeen hundred and seventy five from planting time till the end of summer in order to prevent our raising or harvesting our crops, and I went out at every alarm under Capt. David Wheeler of Lancaster (This part of Berkshire where I live then belonging to Lancaster.) And in the year Seventeen hundred and seventy six the alarms were pretty much the same as in '75 and I went out at every alarm and under Capt. Wheeler; And in Seventeen hundred & seventy seven the alarm came when I was harvesting, on the four- teenth day of the month, August I think, and I went out under said Capt David Wheeler to the Bennington battle. I was in the service during the Revolutionary war more than eighteen months and always under Capt. Wheeler , whose lieutenant I was, and therefore am knowing that he was in the service that space of time. And further say not. Daniel Corman
Commonwealth of Massachusetts Berkshire ss On the 17 th June AD 1837 the above named Daniel Corman subscribed to the above Deposition made solemn oath according to law to the truth of the facts therein contained, before me. Henry Hubbard Just. Peace.

I Daniel Brown of Glendale in the County of Berkshire & Commonwealth of Massachusetts, of lawful age depose and say that the late Capt. David Wheeler of Sandisfield and this deponent, marched our respective Companies for Ticonderoga, upon a three months call of the militia and landed at Mount Independ- ence the day our fleet was vanquished on the lake by the British: This was in A.D. 1776, and said Wheeler remained in service till said period of three months was expired or was discharged. And further saith not. Daniel Brown
Commonwealth of Massachusetts Berkshire ss On the 17 th June A.D. 1837 the above named Daniel Brown subscribed the foregoing Deposition; and made oath according to law to the truth of the facts therein contained; before me, Henry Hubbard Justice Peace

I have from my earliest recollection been acquainted with Capt Daniel Brown whose affidavit is within I know him to be a man of the first respectability, & for many years I have been personally acquainted with Deac Daniel Cooman. Mr Amos Pillsbury & David Smith. I state that they are men of respectability, all four of the above named gentlemen maintain an impeccable character for truth & veracity — I should place implicit reliance upon what either of them should state —
Lansdown Mass. 17 June 1837 Geo. N. Briggs

FREE
J. L. Edwards Esq. Com te of Pensions, Washington, La.

Pittsfield Sept 6 1837
Sir - Yours of the 29 th ult., giving the very disagreeable intelligence that the papers in the case of Mrs. Hannah Wheeler widow of David Wheeler have been examined - and her claim rejected - is now first read by me, being absent from home on its arrival. I hasten to inform you that neither Dan l Conan, or Dan l Brown are pensioners; & to solicit your attention to the fact (if it is possible that it escaped your experienced mind) that much time, that is, service, must have been expended in fulfilling calls to duty during a series of alarms for 2 or 3 years in this 'Thermopylae' of old country; which probably, does not appear on the rolls you refer to. A violent presumption is recognized by the law as tantamount to positive proof - at any rate, it is received as evidence in all forums, and, as universally prevails, as it is received. Further, Capt. Conan positively swears that the sum of the service rendered by D r Wheeler was equal (or over) 18 months. That this is not specific proof, that is, an enumeration of days & months, is no objection; for the rules of law in no case, not even in that of life & death, require such precision & particularity of proof; certainty to a common intendment being sufficient.

- Should I prove that I had served you five or six months, in certain , and then should prove by an old servant of yours , that he had served you 18 mos , and that whenever he served you I did . Would there could then be any doubt I had served six months? - The peculiar situation of this part of the country - the disinterested devotion to the cause - the solemn expression by one of our most respectable citizens, long a professor of religion and owner of large possessions, that the actual service far exceeded that which you intimate is minuted on the rolls; seem to me to establish an undoubted title to the benefit of the 3 d Sect. of the law of '36. Moreover, Sir, is it certain that you have all the Company rolls during the long period the Deced. served his country? If not, supplementary evidence, or extrinsic proof, of any grade or quality is admissible ; and when the claim is so meritorious, & the lapse of time so great; it seems to me, that without contradiction the evidence adduced should be deemed adequate, at least, to sustain a claim to the smallest benefit of the law. - I would therefore appeal from your decision to that of the Attorney General, or request that his opinion on the law

of the case be taken.
Most respectfully your obedt Servt.
H. Hubbard
J. L. Edwards Esq.
War Department
Pension Office
in of 2-

I Amos Pittibone of Lanesborough in the County of Berkshire & Commonwealth of Massachusetts, of lawful age depose and say, that in the summer of the year A.D. 1777 the late Capt. David Wheeler of said Lanesborough commanded a company of militia a month at or near Fort Anne; I served as a volun- teer in said company during said time; and Lieut. Colonel Miles Powell was Commandant of the Regiment; and it was the same time that Ticon- deroga was taken by the British. And I further say that afterwards, towards the close of the war, said Wheeler commanded as captain a company of militia a month at Saratoga: I served as a sergeant in said company during that time; and the Reg t was Col. Asa Barnes. And further say not. Amos Pittibone
Commonwealth of Massachusetts
Berkshire ss. On the 16 th June
A.D. 1837 the above named Amos Pittibone subscribed the foregoing Affidavit; and made solemn oath according to law to the truth of the facts therein contained. before me,
Henry Hubbard Just Peace.