Revolutionary War Pension and Bounty Land Warrant Application File S. 19156, Joseph Wheat, Mass.

SERVICE
NUMBER _____
mass
Wheat, Joseph
S. 19156
carded
CONTENTS

10-175-
Massachusetts
Joseph Wheat
of Worcester in the State of Mass who was a Private in the company commanded by Captain _____ of the Regt commanded by Col Gaine in the Mass line for 9 Mts.
Inscribed on the Roll of Mass at the rate of 30 Dollars - Cents per annum, to commence on the 4th day of March, 1831.
Certificate of Pension issued the 22 nd day of March 1833 and sent Gaine
Draper Spencer Mass
Arrears to the 4th of Mar - 1833 $60-
Semi-ant. allowance ending 2 Mts " 15-
$75-
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded by Stephen Blair Clerk, Book 2 , Vol. 20 , Page 90 .

DECLARATION, in order to secure the benefit of the Act of Congress, passed June 7, 1832.
COMMONWEALTH OF MASSACHUSETTS.
COUNTY OF WORCESTER, ss.
ON this sixth day of September in the year of our Lord, eighteen hundred and thirty two personally appeared in open Court, before Nathl Greene Judge of Probate for the County of Worcester now sitting Joseph Wheat a resident of Spencer in the County of Worcester and Commonwealth of Massachusetts, aged Seventy eight years, who being first duly sworn according to law, doth on his oath make the following declaration, in order to obtain the benefit of the act of Congress, passed June 7th 1832.
THAT he entered the service of the United States under the following named officers and served as herein stated.
That sometime in the month of May A.D. 1775, the said Joseph Wheat enlisted into a company of Massachusetts Militia, commanded by Captain Joel Green, in the Regiment commanded by Col. Ebenezer Learned, marched from said Spencer to Roxbury near Boston, Mass. was stationed there during the time of eight months and was then honourably discharged. While stationed at Roxbury aforesaid the battle of Bunkerhill was fought but our company was not engaged in said battle, being stationed in guarding the military stores. David Prouty was Lieutenant and Muber Slayton was Ensign in said company. We were part of the time under the command of Col. Artemas Ward, afterwards General Ward, and a part of the time Asa Maltbie was Major. General Washington was command in chief the greater part of the time. Also, said Joseph Wheat, sometime in the month of September 1777, enlisted, or rather turned out as a volunteer, in a company of Massachusetts Militia, commanded by Capt. David Prouty, and marched from said Spencer to Mansfield, Vermont, thence to Brattleboro, Vt. York, thence to Fort Edward, and thence near Saratoga, and was there when Genl. Burgoyne surrendered, and was dismissed sometime in the month of October 1777, being in said service one month. The whole time of my being in the service in the war of the revolution was nine months. He was born in Concord, Mass. October 23, 1753, but have lived in said Spencer ever since he was eight years old, and suppose my age is on record in the town clerks office, in said Concord. Has never received a written discharge. Has not no document, but relies on the annexed depositions to prove this declaration. Prefers to Jonas Dennis Esqr. Caleb Sibley, Messrs Adams & William the Esqr. who can testify to my character for truth.
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 and year aforesaid.
Before Nathl Greene Judge of Probate for the County of Worcester
Joseph Wheat

Forster J. Spencer August 25. 1832
We Levi Packard a Clergyman residing in the town of Spencer and William Pope Esqr residing in said town of Spencer hereby certify that we are well acquainted with Joseph Wheat who has subscribed and sworn to the above declaration, that we believe him to be seventy eight years of age, that he is reputed and believed in the neighborhood where he resides, to have been a soldier of the revolution, and we concur in that opinion.
Sworn and subscribed the day and year aforesaid.
Before me James Draper Just. Peace
Levi Packard William Pope
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 mentioned applicant was a revolutionary soldier, and served as he states. And the court further certifies, that it appears to them that Levi Packard who signed the preceding certificate, is a clergyman, resident in the Town of Spencer and that William Pope Esqr who has also signed the same is a resident in the Town of Spencer and is a credible person, and that their statement is entitled to credit.
Nathl. D. D. Judge of Probate for the County of Worcester
I Theophilus Wheeler Registrar, Clerk of the Court of Probate for Worcester County , do hereby certify that the foregoing contains the original proceedings of the said Court in the matter of the application of Joseph Wheat for a pension. That James Draper before whom the annexed affidavits were made is a Justice of the Peace in Worcester County in full credit & that he signed the same IN TESTIMONY WHEREOF, I have hereunto set my hand & affixed the seal of the said Court. this 6th day of September in the year of our Lord eighteen hundred and thirty two.
Theophilus Wheeler Registrar of said Court of Probate in Massachusetts

9905 Joseph Wheat
Paul 9 Martha
$30-
James Draper S Hansen Mup

9995  BRIEF in the case of Joseph Wheat County of Worcester in the State of Massachusetts (Act 7th June, 1832.)
 1. Was the declaration made before a Court or a Judge? Court  2. If before a Judge, does it appear that the applicant is disabled by bodily infirmity?  3. How old is he? 78  4. State his service, as directed in the form annexed. 
   Period. Duration of Service. Rank. Names of General and Field Officers under whom he served.   Years, Months, Days.     Enlisted in 1775 May 8 private Gen. Capt. Joel Green, Col. E. Larned, Genl. Washington   " 1777 Septm. 1 do. Capt. David Frost   "In all 9 months."  
 5. In what battles was he engaged? Saratoga  6. Where did he reside when he entered the service? Worcester City. Mass.  7. Is his statement supported by living witnesses, by documentary proof, by traditional evidence, by incidental evidence, or by the rolls? Traditional & witnesses  8. Are the papers defective as to form or authentication? and if so, in what respect? Correct 
I Certify that the foregoing statement and the answers agree with the evidence in the case above mentioned.
J. Waugh Examining Clerk. Feb. 9, 1833.

19 156 INVALID.
File No. 19 156
Joseph Wheat
Miss Rev War
Act: June 7 th 89.
Index:—Vol. 1 , Page 419
[Arrangement of 1870.]

Spencer Mass.
(Declaration of Joseph Wheat for a Pension.)

Spencer Sept. 12. 1832.
Enclosed is the declaration of Joseph Wheat for a Pension under the late act of Congress passed June 7. 1832.
James Draper.
Hon Lewis Cass Secretary of War, Washington D.C.

BRIEF objections to the admission of Pension Claims , of which those answered in the negative, in red ink, will apply to the claim of Joseph Wheat which require further proof or explanation.
I. Does the declaration show where the applicant resides? yes II. Did the declarant make the declaration in the county where he resides? yes III. If the applicant did not make the declaration in the county where he resides, is there any reason assigned for his not doing so? IV. Has the declarant mentioned the period or periods of the war when he served? yes V. * Has he mentioned 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? yes VI. Has he given the names of the officers under whom he served, in conformity with the regulations? yes VII. Has he made a relinquishment of every claim to any other pension than the one under the Act of June 7, 1832? yes VIII. Has the Court given their opinion? yes IX. Has the Clerk given his certificate? yes X. Is the Clerk's seal affixed? And if so, has it a device or inscription by which it can be distinguished from any other seal? yes

XI. Has the applicant obtained the evidence of a clergyman and another respectable citizen as to their belief respecting his age and the general belief in his neighborhood relative to his revolutionary service? yes
XII. If the clergyman's affidavit has not been produced, is there any reason assigned for not obtaining it?
XIII. If the applicant has no documentary evidence, and has not obtained the testimony of at least one living witness, has he stated in his declaration that such proof cannot be had?
XIV. † If the applicant's name is not found on the rolls of military service, has he produced a witness or witnesses as to his service? yes
If he has produced direct proof as to service, has the magistrate who administered the oath, certified to the credibility of the witness or witnesses? yes
Has the proper officer certified to the official character and signature of the magistrate as the regulations direct? yes
XV. Does it appear from any of the papers that the witness was in such a situation, or of such an age, as to have a personal knowledge of the applicant's service? yes
XVI. ‡ Are the papers authenticated as the regulations direct? yes
XVII. Are the seven interrogatories prescribed by the War Department answered satisfactorily? And, if not, which of them is not so answered? yes
EXPLANATORY NOTES.
* QUERE V. In a case where the applicant cannot, by reason of the loss of memory, state precisely how long he served, he should amend his declaration by making an affidavit in the following words: "Personally appeared before me, the undersigned, a Justice of the Peace, &c. A. B. who, being duly sworn, deposeth and saith, that, by reason of old age, and the consequent loss of memory, he cannot swear positively as to the precise length of his service, but according to the best of his recollection he served not less than the periods mentioned below, and in the following grades; For _____ 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 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 shewn 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.
†QUERE XIV. Proof of Service.
In a case where the name of the applicant is not found on the records of the Department, he must prove his service by two credible witnesses, who are required to set forth in their affidavits the time of the claimants entering the service, and the time and manner of his leaving the same, as well as the regiment, company, and line to which he belonged. The magistrate who may administer the oaths must certify to the credibility of the witnesses, and the official character and signature of the magistrate must be certified by the proper officer, under his seal of office.
‡QUERE XVI. 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 paper 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.
¶ In every case where the clerk of the court, or other certifying officer, 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.

I Joseph Garfield of Spencer in the County of Worcester and State of Massachusetts, being now about Seventy four years of age, do testify and say, that Joseph Wheat of Spencer aforesaid with myself and others enlisted into as volunteers into a company commanded by Capt. David Prouty for the service of the United States in the war of the revolution. We said Joseph Wheat with the others marched from Spencer aforesaid sometime in the month of September A. D. 1777, and went to Bennington in the State of Vermont, thence to Brattlehill in the State of N. York, and from thence to Fort-Edward and near to Saratoga, where he was and assisted at the surrender of General Burgoyne, and was discharged sometime in the month of October A. D. 1777, being in the service of the country one full month.
Joseph Garfield
Worcester ss. } August 11. 1832 } Personally appeared the above named Joseph Garfield, before me the subscriber one of the Justices of the Peace within and for the County of Worcester and was sworn to the truth of the above deposition by him subscribed.
James Draper Just. Peace
Worcester ss. } August 20. 1832 } This may certify that Jesse Morris and Joseph Garfield, who subscribed their names to the within Depositions, are men of truth and veracity and entitled to full credit.
James Draper Just. Peace

I Jesse Bennis of Spencer in the County of Worcester and State of Massachusetts being eighty one years of age do testify and say that, sometime in the month of May A.D. 1775, Joseph Wheat with myself and others, enlisted into a company of militia raised by the State of Massachusetts for the common defence in the war of the revolution the company was commanded by Capt. Joel Green and Regiment commanded by Col. Ebenezer Larned. The said Wheat with myself and others marched from said Spencer to Noubury near Morton in Massachusetts, and was stationed there during the term of eight months and was then dis- charged. While we were stationed at Noubury aforesaid the battle of Bunkerhill was fought but our company were not engaged in said battle. We were the first part of the time under Col. Artemas Ward, afterwards General Ward, and the greatest part of the time under the command of General Washington. The reason that I know that the said Joseph Wheat served eight months as aforesaid is that I was with him in the same company during the so, same time. Jesse Bennis
Worcester } Then the above named Jesse Bennis August 16. 1832 } personally appeared before me the subscriber one of the Justices of the Peace within and for the County of Worcester and was sworn to the truth of the above deposition by him subscribed.
James Dyer Just. Peace