Revolutionary War Pension and Bounty Land Warrant Application File W. 2,038, Theophilus Whaley, Conn.

SERVICE
NUMBER
Conn.
Whaley, Theophilus Lois
N. 2,038
CONTENTS

20.855 New York Shephard W. Otago in the State of New was a Seaman in the Comfy. com Captain Adcher of the Resn com Col. Shephard in the Commend. time for 12 months Seaman $48 12 " " " " 40 $88
Inscribed on the Roll of New York at the rate of 88 Dollars 00 Cents per annum to commence on the 14th day of March, 1834.
Certificate of Pension issued the 9 day of Oct 1833 and in the 16 mile Burlington Arrears to the 14th of Sep 33 $220 Semi-ant. allowance ending 1st N 34 44 $264
Revolutionary Claim, ? Act June 7, 1832. ? Recorded by J. C. H. Clerk. Book E Vol. 11, Page 10.

Theophilus Whaley
18051
e & j answered
adm'd
12 mo. Seamen
12 mo. pri Intg.
Henry Sill

Declaration in order to obtain the benefit of the Act of Congress passed June 7. 1832
State of New York } County of Otsego } ss. On this day of October 1832 personally appeared in open Court before the judges of the Court of Common Pleas in and for the County of Otsego in the State of New York now sitting
Theophilus Whaley a resident of the town of Burlington in the County of Otsego and State of New York aged Seventythree 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 law of Congress passed June 7th. 1832. That he entered the service of the United States under the following named officers, and served as herein stated. That he was born in South Kingston in Rhode Island That his place of residence in the years 1775 and 1776 was in Preston in the State of Connecticut. That on or about the last of February 1776 he enlisted in Captain Belchis company in Colonel Sheldon's regiment of the Connecticut State troops at Pauahog Meeting House in the town of Preston for the term of twelve months he was marched to New York and was in the city when General Washingtons army retreated from Long Island was in the retreat from New York he was in the Battle at Valentines Hill, he was in the Battle at Turtle Bay when Col. Sheldon was taken prisoner & saw him taken. Lieutenant Colonel Sattermer and Major Waterman left then took the command of his regiment about 40 of our Regiment of which he was one cut our way through the Hepleans and made our escape the rest of the Regiment was either killed or taken prisoners, retreated to White Plains, and served there till it was about time to go into winter quarters, when he was marched to North Castle and remained there till his term of service had expired and he was discharged there about the last of February 1777. and returned home.
Some time in April 1777. he went to Groton in Connecticut and enlisted under Colonel Sedyard (his Captain's name he does not recollect) for the term of one year. he served during this term of service under Col. Sedyard in building the Fort at Groton he helped to build the walls and dig the wells in the Fort and was discharged at the end of eleven months some time
12 mo.
12 mo
11 mo

March 1778. He does not remember that he had a written discharge for either of these terms of service if he did they have long since been lost. In the month of April 1778 at New London he enlisted on board the ship Oliver Cromwell under Commodore Seth Hardin as a seaman and master of a Gun for the cruise. He served a year or more } 12 mo on board said vessel. During the cruise was in the channel of England & took a British Weymouth Packet of 20 Guns 3 days sail from Falmouth, and brought her into Boston was discharged at Boston. He then entered on board a 16 Gun Brigg Privateer under Capt Israel Bishop of Middletown Connecticut. She went to sea and was taken (he was on board about seven weeks) he was taken out and put on board the British ship Somerset and put in irons. The Somerset was shipwrecked on Cape Cod bar - got on shore on a raft - and got home to Boston - In April 1779 1780 he enlisted under another Colonel Ledyard of Norwich in Connecticut for the term of nine } 9 mo months and served out this term in the building of the Fort near the light House on the opposite side of New London from Groton Fort. and was discharged verbally. After which he was called out in the militia in alarms several short terms which he cannot enumerate - all put together would make several months } 3 mo That he has no documentary evidence, and } 47 mo that he knows of no person, whose testimony he can procure, who can testify to his service except Joseph Kortright whose affidavit is herunto annexed & Stephen Morse whose affidavit is now in the war office which was sent there with a former application.

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 and subscribed the day & year aforesaid
Horace Lathrop, Clerk.
Theophilus
his mark Whaley
We John S Warner residing in the town of Haverhill in the County of Essex & State of Mass and Joseph Whaley of Washington in the same County at present well acquainted with Theophilus Whaley who has subscribed and sworn to the above declaration; that we believe him to be seventy three years of age; that he is of upright and believed, in the neighbourhood where he resides, to have been a soldier of the Revolution, and we concur in that opinion.
Sworn and subscribed this day and year aforesaid
Horace Lathrop, Clerk.
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 John
S Warner and Joseph Whaley and Joseph Northrup that has subscribed and sworn to the above or annexed affidavits are entitled to full pension and are entitled to full credit in their state accounts.
J. C. Morse
J. C. Warren
Judge
S. P. Hildreth

State of New York } County of Otsego } Joseph Northrop of the town of Otsego in the County of Otsego in the State of New York aged 77 years who being duly sworn deposeth and saith that this deponent in the year 1776 this deponent served in Captain Foster's company in Col. Knox's Artillery in the vicinity of New York that this deponent then knew Theophilus Whaley then a private in Captain Pelsor's Company in Col. Sheldon's Regiment of Connecticut State Troops that he was well acquainted with said Whaley and knew the time that he enlisted and that he enlisted for a year and that this deponent saw him frequently in the service and he has no doubt but that he did serve out his full term of twelve months and he has always understood and does believe that the above disposition of said Whaley is true and that he did perform the service therein stated
Sworn & subscribed the 15 th day of October 1832, Joseph his Northrop Mark Horace Lathrop Clerk
93 This above affidavit was sworn in open court and the credibility of this witness is satisfied by the Judges

Let to R.B. Dinnock 23 July 53 Same July 23 1856.
407 New York, Albany
Lois Whaley widow of Theophilus Whaley
who served in the Revolutionary Private and war, as a Staman L. C t Line
Inscribed on the Roll at the rate of 88 Dollars 00
Cents per annum, to commence on the 4th day of March, 1848.
3 rd February 1853 Certificate of Pension issued the 17 th day of May 1852 and sent to
R. B. Dinnock Burlington N. York
Recorded on Roll of Pensioners under act Ju 29, 1848, Page 87. Vol. A
1832

State of New York County of Otsego ss.
On this Ninth day of March in the year A.D. One Thousand Eight hundred and fifty Three, personally appeared before Samuel V. Brune, Esq. (acting Judge of Otsego County in Open Court) —
Lois Whaley, a resident of the Town of Otsego, in the County of Otsego, and State of New York, aged fifty nine years, who being duly sworn according to law doth, on her oath, make the following declaration in order to obtain the benefits of the provisions made by the act passed by Congress on the 3 d day of Feb- ruary 1853, granting pensions to widows of Revolution- ary Soldiers, married after January 1 st 1800. Says she is the widow of Theophilus Whaley deceased , who was a Soldier in the War of the Revolution, and enlisted into the Service sometime during the year 1776, and also in the month of April 1778. Enlisted on board of the Oliver Cromwell, and served one year, and then Enlis- ted on board of a privateer and served about Seven weeks and served, also at other times and places, and for the services, as aforesaid, her husband, the said Theophilus Whaley received a pension from Government, at the rate of $88. 00 per Annum, (She thinks he was pensioned under the act passed by Congress on the 7 th of June 1832. but not positive), which will appear by the said Theophilus Whaley, original declaration and application for a pension, and the proof thereunto annexed, which is on file in the Pension Office at the City of Washington — She further declares that she was married to the said Theophilus Whaley, at the House of Stephen A. Irons, in the Town of Burlington, in the County and State aforesaid, on the 5 th day of May 1825, by one Artemas Sheldon a Justice of the peace in and for the Town and County aforesaid, and who was by law, duly authorized to

performs marriage ceremonies at the date of said marriage - And that her husband died at the Town of Hartwick in the County and State aforesaid, on the 29 th day of August 1841 - aged 84 years - She further Swears that she still remains the widow of the said Theophilus Whaley, and that she has never before made application for a pension - Now therefore, know all men by these pre- sents, that I, Lois Whaley, of the Town, County and State aforesaid, do hereby constitute and appoint Richard B Dimock of the Town of Burlington in the County of Otsego and State of New York, my true, lawful agent and Attorney for me, and in my name, to present and prosecute my claim for a pension, and to receive in my name, any certificate of pension that I may be entitled to receive, for the services of my husband as aforesaid, confirming all that the said Richard B Dimock may, or shall, lawfully, do in the premises, as if I were myself personally present -
Sworn to and subscribed on The day and year above written, before me Samuel S. Browne County Judge Otsego County, N.Y.
Lois her Whaley mark
I Samuel S. Browne do hereby certify, that the reason the above named Lois Whaley does not write her name, is that she never learned to write, also further certify that her character for truth and veracity is good, and that full credit should be given to her testimony
S. S. Browne County Judge Otsego County, N.Y.

STATE OF NEW YORK, } OTSEGO COUNTY CLERK'S OFFICE. }
I, WILLIAM C. FIELDS, Clerk of said County, do hereby certify, that Saml J Brown Esquire, was, on the 9 th day of March 185 3  Justice of the Peace  county Judge in and for the said County of Otsego, duly authorized to act as such, and that I am well ac- quainted with the hand writing of the said Judge , and that his signature to the annexed instrument is genuine.
IN TESTIMONY WHEREOF, I have hereunto set my hand and official seal of the said County, at Cooperstown, this 9 th day of March 185 3
Wm C Fields CLERK.

No 4902 Lois Whaley widow of Theophilus N.Y.
Act 3 Feb 1853 $88 per annum. County 3 Feb 1853.
Albany
R.B. Minock Pueblington N.Y.

State of New York } ss.
County of Otsego }
On this Second day of March in the year A.D. One Thousand eight hundred and fifty Three personally appeared before me Richard B Dinnock a Justice of the peace in and for the County aforesaid, Col. C. H. Benjamin of the town of Burlington in said County, and known by me to be a man whose character for truth and veracity is good, and whose testimony full credit should be given, and being by me duly sworn, says he was well acquainted with Theophilus Whaley deceased, formerly of the town of Burlington in said County, and a now a Revolutionary Pensioner of the United States, and knows that the said Theophilus Whaley died at the town of Hartwick in the County aforesaid, on or about the 29th day of August 1841 - And deponent further says that he was present at the Marriage Ceremony of said Theophilus Whaley & Lois Muger, says he saw them married at the House of Stephen A. Irons, in the town of Burlington in said County, sometime during the month of May 1825, by One Artemas Sheldon, a Justice of the peace of the County aforesaid, and who was by law, duly authorized to perform Marriage Ceremonies, and knows that the said Lois Whaley still remains his widow - further this deponent saith not -
Sworn & subscribed before me The day & year aforesaid
Caleb H. Benjamin
Richard B Dinnock Justice of the peace

STATE OF NEW YORK,
OTSEGO COUNTY CLERK'S OFFICE
I, WILLIAM C. FIELDS, Clerk of said County, do hereby certify, that
Richard B. Sincock
Esquire, was, on the
Second day of March 185 3 a Justice of the Peace in and for the said County of Otsego, duly authorized to act as such, and that I am well acquainted with the hand writing of the said Justice, and that his signature to the annexed instrument is genuine.
IN TESTIMONY WHEREOF, I have hereunto set my hand and official seal of the said County, at Cooperstown, this 9 th day of March 185 3
Wm C Fields CLERK.

No 490 Lois Whaley widow of Theophilus N.Y.
Act 3 Feb 1853. $88 per annum. Comy 3 Feb 1853.
Albany
R.B. Linnock Pueblington N.Y.

State of New York } p. County of Rensselaer }
On this Second day of March in the year A. D. One Thousand Eight Hundred and fifty Three, personally appeared before me Richard B. Dimock a justice of the peace in and for said County. Amasa Avery of the Town of Burlington in the County aforesaid, and known to me to be a man, whose character for truth and veracity is good, and whose testimony full credit should be given, and was by me duly sworn according to law, doth depose and say, the following record of marriage, of Theophilus Whaley to Lois Mays, is a true, and correct, copy of an original record of marriage, as taken from the Justice Docket of Artemas Sheldon deceased , of the Town of Burlington in County aforesaid, and who was at the date of said record of marriage, an acting Magistrate in and for said County, and that the said record was made in the hand writing of the above named Artemas Sheldon deceased , and is as follows, viz.
May 5 th 1825
Attended at the house of Stephen A Irons and united in marriage Mr. Theophilus Whaley to Miss Lois Mays present V. A. Irons family
Sworn to & subscribed before me the day & year above mentioned R. B. Dimock
Amasa Avery
Justice of the peace

State of New York } ss: County of Otsego }
Be it known that on this 30 th day of June A.D. 1856 before me, The undersigned, a Justice of the peace in and for the County and State aforesaid personally appeared Jeremiah Thayer a resident of the town of Otsego, in said County, and made oath in due form of law, that he is a brother of Lois Whaley deceased of the town of Otsego, in the County and State aforesaid, who was a Revolutionary pensioner, and pensioned in conformity with the act of February 3 rd 1853, at the rate of $88. per Annum as will appear by the records & documents on file in the pension Office at Washington D.C. and that he is the only surviving, legal heir & representative of the Estate of said Lois Whaley deceased, and that he is the same identical Jeremiah Thayer that was duly appointed Administrator of her said Estate, by the Surrogate of said County, and that he drew the arrears of pension, that was due her, from the last Semi-annual payment upto the time of her death which took place on the 16 th day of February 1854 -
Having been advised that the said Lois Whaley was entitled to receive back pay, or that her pension should have commenced at an earlier date than the 3 rd day of Feb. 1853 - Now therefore I Jeremiah Thayer do hereby constitute and appoint Richard B. Dinnick of the town of Burlington, in said County and State aforesaid my true and lawfull agent and Attorney, for me and in my name to present and prosecute my claim as an heir, and Administrator of the Estate of said Lois Whaley deceased, for back pay or increase of pension, to examine all papers and documents on file in the department at Washington, or else where - and to file additional Evidence or arguments, & to receive for my benefit, the Certificate of Back pay, or increase, which may be issued in satisfaction of said claim, which Certificate I wish made payable at the pension Agency of this State. & to appoint one or more Substitutes under him for the purpose herein expressed, and to do all things that I might or could do, were I personally present, hereby ratifying and confirming all that said agent and Attorney shall lawfully do in the premises - given under my hand and seal the day and year above written -
Sworn to, subscribed and acknowledged, before me the year and day above written, and I hereby certify that I believe the said Jeremiah Thayer to be directly interested in said claim as set forth, and to be the identical party there in alleged, in whose claim I am in no wise interested - and also further certify that the words 'took place' in the tenth line from the top was inserted before signing -
Lyman Balcom
Justice of the Peace
Jeremiah Thayer
State of New York } ss: County of Otsego }
It is hereby Certified, that satisfactory Evidence has been exhibited before me, Clerk of the County of Otsego, in State aforesaid, that Lois Whaley was a Revolutionary Pensioner of the United States at the rate of $88. per Annum, and that she died on the 16 th day of February 1854 - and that the said Jeremiah Thayer is a brother of the said Lois Whaley deceased, and duly appointed Administrator by the Surrogate of said County, to administer her estate - And it is further Certified that Lyman Balcom my before whom the proceeding affidavit and power of Attorney were made and acknowledged, was at the time of so doing a duly authorized justice of the peace in and for said County, and that the signature purporting to be his, I believe to be genuine, and further, that in the within claim for increase of pension, I am in no degree interested - In testimony whereof I have hereunto set my hand and affixed my Seal of Office, This 3 rd day of July 1856
G.W. Mott, Clerk of Otsego County

18051
Theophanus Whaley
acuna
ef.
176 46 220
Henry Gill Burlington Osteo Cy N York

WAR DEPARTMENT,
Pension Office,
May 17 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 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, showing the Service of Theophilus Whaley  Ostego Co New York
   Period when the service was rendered. Duration of the claimant's service. Rank of the claimant. Names and Rank of the Company officers under whom he served. Names and Rank of the General and Field officers. Battles in which the applicant was engaged. Country through which he marched. Place of abode when he entered the service, and age at the present period. Evidence by which the declaration is supported.   Years. Months. Days.     Ent d Feb 1776 1 " " priv Capt Belcher Colo Sheldon Valentine's Hill N York Preston Connecticut   " Apr 1777 " 11 " do Lieut. Genl. Ledyard Still Creek Graton   " Apr 1778 Ship Oliver Br omville as a seaman as a seaman Dutch channel, took a British packet 20 guns near Falmouth Comm d Hoard in aged 73 Years Declaration   " Apr 1780 " 9 " priv Ledyard N London   " " 3 " as  
I am, respectfully,
Your obedient servant,
J. 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) _____, who has 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 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.
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 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 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 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 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 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 [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.

Perkins
WIDOW, &c.
File No. 2038
Lois Whaley,
Widow Theophilus Whaley,
Scituate, Rev. War.
Act: July, 29, 1848.
Index: —Vol. 3 , Page 28
[Arrangement of 1870.]

9 Apr 51
Rev. K. S. Evans Chief Clerk
Purvis Office
Mary White
Ga no-38
At Mr. F. M. Pugh
May 14-51

ms 2.2.52 207 half way Miss P. P. Lee
for
Commissioner of Pensions Washington D.C.

Hon. March 1853 E. Heath for Commissioner of Pensions Washington D.C.
RECEIVED 10

Brief in the case of Lois Whaley, widow of Stephen Whaley Albany County and State of New York , act 3 Feb 1853
Claim, ("original," or "for increase." )
Proof exhibited, (if original.)
Is it documentary, traditional, or supported by rolls? If either, state the substance.
Husband was a pensioner at $88 per annum. Proof of marriage — with Authentic copy of the officiating magistrate's docket
(If for increase.)
Has additional evidence been filed since the admission of the claim? If so, what?
Name and residence of Agent
R. B. Sawyer Burlington N.Y.
W. G. Allen Examining Clerk.

Whaley

Burlington March 9 th 1853. Hon J. E. Heath, Commissioner of Pension
Sir Enclosed I send you the declaration & application of of Mrs Lois Wadley, widow of Theophilus Wadley for a pension under the act passed February 3 rd 1853 granting pensions to Revolutionary pension widows married after Jan y 1 st 1800. Please pass upon her claim as soon as possible and inform me - Direct your communication to Richard B. Dimock, Burlington Otsego County State of New York. And oblige yours &c
Hon J. E. Heath Washington
R. B. Dimock

Burlington Otsego County State of New York July 7 th 1886
Commissioner of Pensions Washington D.C.
Dear Sir
Enclosed
please find the Affidavit & power of Attorney of Jeremiah Mayre, heir and Administrator of the Estate of Lois Whaley deceased , of the County of Otsego & State of New York, who was the widow of Theophilus Whaley, a Revolutionary pensioner under the act passed by Congress June 7 th 1832, at the rate of $88. per Annum - The said Lois Whaley was pensioned under the act passed February 3 rd 1853 at the rate of $88. per Annum, as will appear by her original Certificate of pension, that was surrendered up at the time of the last payment after her decease - of which the following is a true copy -
Department of the Interior, Widow's pension. I certify that in conformity with the 2 nd Section of the act of February 3 rd 1853, Lois Whaley, widow of Theophilus Whaley who was a Seaman &c in the Revolutionary war, is inscribed on the pension list at the rate of Eighty Eight Dollars per Annum, Commencing on the 3 rd of February 1853 and continuing for life unless she should again marry, in which case the pension is not payable after the time of such marriage - given at the
Department of the Interior
This Seventeenth day of May One
Eight hundred and forty third Thousand eight hundred and fifty three
J. P. Waldo
Commissioner of Pensions
R. M. Cleveland Secretary of the Interior
(over)

At the time the said Lois Whaley made application and obtained her certificate of pension. She claimed that her pensioned should commence at the date of her husband's death, but the Commission decided that her pension should commence at the time of the passage of the act Feb. 3 d 1853. You will perceive according to the phraseology of the 2 d section of the act of 3 d of February 1853 that the widows of all of the Revolutionary soldiers who were married subsequent to 1800 were entitled to a pension in the same manner as those married then before that date. And those married before that date were pensioned, or their pension commenced on the 4 th of March 1848. Therefore the said Lois Whaley's pension should have commenced on the 4 th day of March 1848 instead of February 3 d 1853. The said Lois further claims that the said Whaley should have been allowed more than $88. per annum for her husband's service as a Seaman , and that her pension should have been at least $96. per annum. You will please examine the original papers of the said Theophilus Whaley that are on file in the pension Office & if he did not receive the amount of pension that he was entitled to receive for the rank he held & kind of service he performed, the widow of course would have been entitled to the increase. I trust you will examine the case carefully and do justice to the heirs, & with that I shall be satisfied — Yours very Respectfully Richard B. Dinnick Rutledge Otsego County New York and oblige
Commission of Pensions Washington D.C.
Richard B. Dinnick

Lois Whaley ad
183.
Andr. P. d'el

Burlington Otsego Co New York
June 14 th 1853
Gen L. P. Waldo. Commissioner of Pensions
Dear Sir
I have received the certificate of Pension granted to Mrs Lois Whaley, on the 17 th of May last, at rate of $88. per annum Commencing on the 3 rd of Feb 1853. I supposed that Mrs Whaley's Pension commence on the day of the death of her husband, if not, it would commence at least on the 4 th day of March 1848 as the law says, that the Widows of all officers non Commissioned Officers Musicians and privates of the Revolutionary Army who were married subsequent to January 1800 shall be entitled to a pension in the same manner as those who were married before that date - Now if they are entitled to a pension in the same manner as those that were married before that date, Mrs Lois Whaley's Pension must of course go back to the 4 th of March 1848, the time that pensions of such Widows commenced, that were before 1800 - married - I think that the law cannot be construed in any light, and claim that Mrs Lois Whaley's Pension should go back to the 4 th of March 1848 - at least if not back to the day that her husband died.
Please examine into this claim, and inform as soon as convenient - and oblige
Gen L. P. Waldo
Yours very Respectfully
Commissioner of Pensions Washington
Richard B. Dinnoc Burlington Otsego Co New York