Revolutionary War Pension and Bounty Land Warrant Application File S. 32,588, Nell Whitaker, Conn.

SERVICE
Whitaker, Nell
NUMBER
S. 32.588.
CONTENTS
Blank lined area for contents entry
Blank lined area for contents entry

State of New York
County of Erie } ss
on this eleventh day of February 1823 personally appeared in open court to wit in the court of Common Pleas in and for the said County, the same being constituted a court of Record by the Constitution and laws of said State Nell Whitaker aged about fifty eight years, resident in Hamburg in said County who being first duly sworn according to law doth on his oath declare that he served in the Revolutionary War as follows - that in the month of April 1782 he enlisted for one year in Captain Allens Company in Col. Richard Canfield's Regiment of Connecticut Troops, that he served the said term of one year - after the expiration of that period and was honorably discharged at Horse-Neck in said Connecticut - And I do solemnly swear that I was a resident citizen of the United States on the 18 th day of March 1818 and that I have not since that time by gift or sale or in any manner disposed of my property or any part thereof with intent thereby to diminish it as to bring myself within the provisions of an Act of Congress entitled an Act to provide for certain persons engaged in the Land & Naval Service of the United States in the Revolutionary War passed on the 18 th day of March 1818 and that I have not nor has any person in trust for me any property or securities contracts or debts due to me nor have I any income other than what is contained in the schedule hereto annexed and by me subscribed (except bedding and clothing) and that the articles are not in my

opinion worth more than the prices annexed to them respectively
7 Shuf 10.00 2 Hogs 4.00 A few old carpenter's tools worth 25.00 39.00
Neil Whitaker
That I am indebted to individuals in the amount of about four hundred Dollars - That the occupation which I now pursue is that of a house Carpenter - but from old age and debility and fickness I am unable to labour all the time nor can I do more than one day's labour in them - That I have no family except my wife and one daughter depending on my exertions for their support - the age of my wife is fifty eight - that she has for many years past and still continues in a weak and feeble condition, so much so, that she is unable to labour but a little nor to support herself without the assistance of my sons - that my daughter is fourteen years of age and has always been weakly and unable to support herself.
Sworn to & declared on the twelfth day of February 1823. V. A. Barker
Neil Whitaker

State of New York Erie County Yr.
I Jacob A Barker clerk of the County of Erie and clerk of the Court of common Pleas for said County do hereby certify that the foregoing Back and the schedule thereto annexed are truly Copied from the records of said Court. And I do further certify that it is the Opinion of the said Court, that the total amount in value of property exhibited in the aforesaid schedule is thirty nine Dollars.
In Testimony whereof I have hereunto set my hand and affixed the seal of the said Court this twelfth day of February 1823.
Jacob A Barker clerk

Letu: to P. W. Abbott 10 June, 53
No 9, Weymouth March 23 1854
33.053
Mercer 364
Will Whitaker deceased.
in the State of who was a Private in the commanded by Captain Allen of the commanded by Col Canfield in the Conn Revolutionary War -
Enrolled on the Roll of Springfield at the rate of 51 Dollars 11 Cents per annum, to commence on the 14th day of March, 1831. ending 11 Oct. 1832
Certificate of Pension issued the 28 day of Sept. 1852 and sent to Paul Cornell Chicago Ill.
Arrears to the 14th of Semi-annual allowance ending
{ Revolutionary Claim, Act June 7, 1832. }
Recorded by R. M. Mac Clerk, P k 62, Vol. 8 Page 134

State of New York } County of Erie } ss. On this fifth day of October 1832, personally appeared before me Samuel Ruppel one of the Judges of the County Courts in said County, Will Whittaker a resident of Hamburg in the County aforesaid, aged sixty seven 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 7 th 1832.
Will Whittaker now of Hamburg Erie Co State of N.Y. Being duly sworn deposeth and says that he was a native of the State of Connecticut - and Born according to the best of his knowledge - by information of his Parents in the Town of Killingly in the year 1765 - and enlisted for six months in the Continental service, in May 1780 - and past muster under Genl' McLean - and marched from thence and joined the Army at Nelsons Point - was there put under drill for ten days - the Army then took up the line of march, and pitched their encampment at Tappan - The 2nd day after - we were all mustered again, by an Officer by the name of Grovener - He then gave us our choice what Regiment to join - I preferred Col Durgys - in Gen Parsons Brigade - I was taken as a waiter in to quarter Masters department, some time after the Army marched to English neighborhood this was about the time that Arnold went to the British, the Army being cut short of provision - I issued the last rations which was 4 oz of bread & 4 Do of meat - The next day the Army took the line of march back to Tappan - and I was present at the Execution of Majr' Andre which which took place the 2nd day of Oct - The Army then moved to Preamus and from thence to Totonway - where my term of service ended - and I received an honorable discharge, which is worn out and lost - and that he further deposeth and saith that early in the Spring of 1782 I enlisted in Col Canfields regiment and in Capt Allens Company of Connecticut State troops raised for one years service in which regiment I served the year out and was honorably discharged, which discharge is also lost - all the documents respecting this last mentioned service are in the war department being sent now there by me as an applicant for a pension under the act of 1818 - and I hereby relinquish 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 -

And that all the documentary evidence in my power to procure is in the war department as stated before said - and that he knows of no person, whose testimony he can procure, who can testify to his service - but that Caleb Pierce and Levi Pierce is neighbors are well acquainted with him whose certificates are herewith annexed and he further states that he is confined to his bed by sickness and for that reason is not able to attend court and further sayeth not
Hamburg Oct 5 th 1832
Will Whitaker
Subscribed & sworn before me Oct. 5 th 1832 }
Samuel a Judge of Erie County Courts
State of New York County of Erie Town of Hamburg -
We Caleb Pierce and Levi Pierce both residing in said Town of Hamburg certify that we are well acquainted with Will Whitaker who has subscribed and sworn to the above declaration and we believe him to be sixty seven years of age and that he is reputed and believed in the neighborhood where he resides to have been a Soldier of the Revolution and that we have been acquainted with Mr. Will Whitaker for Forty years, and that we have no doubt of his being a Soldier as he has stated in the certificate to which he has sworn
Caleb Pierce
Levi Pierce
Hamburg October 4 th 1832
Subscribed & sworn this 5 th of October 1832 }
before me Samuel a Judge of Erie County Courts

Hamburg County N.Y. I Daniel Allen a Physician resid- ing in the Town of Hamburg, hereby certify that I am well acquainted with Nell Whitaker the Person who has subscribed and sworn to the foregoing declaration and that Mr. N. Whitaker is now confined to his bed by severe sickness, and is not able to attend at Court and it is very doubtful in my opinion whether he ever will be able to attend Court again and further the deponent saith not (Daniel Allen)
Hamburg October 5th 1832
Subscribed & sworn this 5th of October 1832 } before me
Samuel Mafat a Judge of Erie County Court
And I the said Judge do hereby declare my 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 I do further state that Caleb Pierce and Levi Pierce who have signed the preceding certificate, are near Neighbors to the above named Appli- cant, and that Daniel Allen who signed the above certificate is a Physician residing in said Town of Hamburg, and that their several statements are entitled to credit and I do further certify that I have been acquainted with the said Nell Whitaker for this fifteen years last passed, and that I have the fullest confidence that his declaration is substantially correct, having repeatedly for the said fifteen years heard him make the same statement, and I drew up his petition to the War Department either the last of the year 1825 or the forepart of the year 1826 to which he now refers. And that said Whitaker is now sick as stated by said Allen which sickness in my opinion will be his last, and I do

further State that I have been informed by the Hon ble Bates Cooke the Member of Congress for this District, that a bill passed the House of Repre- sentatives the last Session of Congress for the relief of said Whitaker and others, and that it was not acted upon in the Senate on account of the General Law, and that the papers referred to must be now either in the War Office or with the Clerk of the Senate
State of New York City of Buffalo October 6 th 1832
Sam d Russell a Judge of Erie County Court
State of New York Erie County Clerk's Off
State of New York
Erie County Clerk's Office
I Noah P. Sprague Clerk of said County do hereby certify that Samuel Russell Esquire before whom the foregoing affidavits purport to have been sworn and also who has subscribed to the above declaration was at the date of the same one of the Judges of Erie County Court duly appointed and sworn and acting as such and I also further certify that I am acquainted with the hand writing of the said Judge and do verily believe the signature "Sam d Russell" subscribed to all of the foregoing certificates and the above declaration to be his.
Witness my hand and seal of office this 6 th day of October 1832
Noah P. Sprague Clerk of said Co

State of Illinois, Cook County ss      County Court of Cook County May Term June 16 th AD 1852 In Matter of Evidence      Hon Henry L. Rickett of death Nell Whitaker      Judge
"It is this day shown to the Court by the evidence of Harry P Warren & Simon Pierce two credible witnesses, sworn and examined, that Nell Whitaker, late of Hamburg Erie County and State of New York, died then somewhere between the 8 th & 15 th day of October 1832, that Nell Whitaker at the time of his decease, left four children viz Seymour, Wessel, and Harry sons, and one daughter Prudence, that said Seymour and Wessel have since died, his other children still surviving that said Seymour & Wessel, both left children who still survive, said Seymour left five children, sons viz, Franklin, Albert, William, Stephen and Andrew, who are or were living when last heard from, Wessel left four children, Edward, Edgar, Mary and Alanson, Edgar has since died, the others are or were living when last heard from, said Prudence only daughter of said Nell Whitaker has intermarried with Thatche Abbott, who is now dead leaving said Prudence his widow, It is also shown to the Court by the testimony of Prudence Abbott that said Nell Whitaker, died on the 11 th day of October AD 1832,"
State of Illinois }      J. Edmund S. Kimberly Clerk of the County Cook County ss      Court in and for said County & State aforesaid

do hereby certify the foregoing to be a true copy of the Records of the proceed- ings had in the County Court aforesaid on the 16 th day of June AD 1852, In Testimony whereof I have unto subscribed my name and affix the seal of the Court this 22 nd day of June AD 1852 At Chicago in the County aforesaid
E. S. Knikely Clk

No 38.235
Will Whitaker die
Ill
Mar 7 Jan 1832-
residence of of Frank
and said will death of
the said will death of
the said will death of
the said will death of
the said will death of
the said will death of
or age and be

State of Illinois, COOK COUNTY. } ss.
I, EDMUND S. KIMBERLY, Clerk of the County Court, in and for said County, do hereby certify that S. P. Sullivan whose name is subscribed to the annexed Surat the same, an acting Justice of the Peace in and was, at the time of Signature for said County, duly commissioned, sworn and authorized to take the same; and full faith and credit is due to all his official acts.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the official seal of said County Court, this 26 day of July A. D. 185 /
D. S. Kimberly Clerk of the County Court.
[Faint mirrored handwriting from the reverse side of the page]

State of Illinois Cook County
David Rinnison being first duly sworn deposes and says, that he is one of the Revolutionary soldiers, that he was well acquainted with Abel Whitaker during said war, that the said Abel Whitaker was a soldier and was in the actual service of the United States in said war for the period of at least a year or more that he (said Rinnison) was in the battle of Long Island & of White Plains with this deponent, and this deponent believes (but is not certain) that said Whitaker was transferred from the Regiment he was then in to the Ninth Regiment of the Regular Troops or to the Ninth Regiment of the New York Militia he does not now recollect which.
and this deponent further says that he now draws a pension as a soldier of the Revolutionary Army & nearly believes that said Whitaker was entitled to a pension as well as this deponent - & further
this deponent saith not. Sworn & subscribed before me (James Rinnison) this 26 th day of July A.D. 1857.
E. H. Sullivan Justice of the Peace of Cook County and State of said

State of Illinois Cook County
Prudence W. Abbott being first duly sworn according to law deposes & says that she is the daughter & only heir of Nell Whitaker which is entitled to the pension of said Whitaker that this deponent has often heard said Whitaker say that he was in the Revolutionary war for & during the period of three years & that he was in the Battles of Long Island & of White Plains, but this deponent does not recall of hearing him say what Company & Regiment he was in - that said Whitaker died October 11 th 1832 at the age of about seventy years - and this deponent makes this affidavit for the purpose of obtaining the Pension that said Whitaker was entitled to under the acts of Congress granting pensions to the Revolutionary soldiers - and this de- ponent further saith not -
Sworn & subscribed before me { Prudence W. Abbott This 26 th day of July A.D. 1851 J. H. Sullivan Notary of the peace County & State aforesaid

32588 Rev INVALID.
File No. 32,588
Nell Whitaker
Rev War
Act: June 1 st 32 nd
Index:—Vol. 2 , Page 38
[Arrangement of 1870.]

Neil Whitaker dec Ill
Adm s Act June 7 1832
15 mrs & 10 d's pri $57.11 per annum, Commencing 4 th March 1831 and ending 11 Octo 1832, when he died,
Payable to
Seymour Whitaker, Wezel Whitaker, Mary Whitaker & Prudence Abbott only surviving children
Cert to Paul Cornell Chicago Ill

No 38.235
Nell Whitaker decd
Sees
Act 7 th June 1832
To Paul Cornell Nov. 14/51
Let to the President May 10/52
" P. Cornell - " " "

50 Will Whittaker act 1818. does not appear whether adm d or rejected
Rejected 8 Mar 1827. papers returned Hon B. Crook 2 Lany '32.
Name not on roll or among suspended or rejected Claims

Reasons for the adoption of the claim of Nell Whittaker -
Afb

Nell Whittaker act 1832 left four children viz Seymour, Hessel, Mary & Prudence Abbott He died 11 Octo 1832,
The evidence of service in this case is parole al- together, but on the 27 Jny 1834 the Office, in a letter to the Hon Bates, Clerk of NY agreed to admit the case for 15 mos & 10 ds, upon the production of a court's certificate showing the date of his death, and the number of names of his children surviving him. On the 10 May last the required certificate had not been produced, but the Office informed his Excellency, the President of the U.S., and Paul Cornell Esq, to whom the certificate of Pension will be issued - That upon the production of the above named court's certificate, the claim should be allowed agreeably to

the terms of the letter of 1831, to the Hon B. Cook - I have, therefore, admitted it, in accordance with the former agreement of the Office -
Triflett
Ex n Clerk
The Court says he died between the 8 th & 15 th of Oct 1832 - I have placed his death on the 11 th .

(Copy) War Department. Pension Office March 8, 1827
Sir, The claim of Will Whitaker to a pension on account of revolutionary service has been examined and I have to state, that as Colonel Canfield, under whom he states to have served, did not belong to the continental establishment, and as the Law of the 18 th of March, 1818, under which he claims a pension, provides for those only who served on that establishment, his claim cannot be allowed. His declaration will remain on our files, agreeably to the regulations of this Department. I am respectfully &c.
Albert H. Tracy, Esq. Buffalo. N. Y.

(Copy)
War Department
Pension Office
April 5, 1831.
Sir,
In answer to your letter of the 24 th ultimo, I have to inform you that Congress has passed no law under which you can obtain a pension. There was a Bill before that body during the last session respecting revolutionary soldiers, but it did not pass both Houses. My letter of the 8 th of March 1827 is herewith returned.
I am &c.
Signed, J. L. Edwards.
Mr Nell Whitaker Hamburg N York,

Chicago June 26 th 57- Hon James E. Heath Sir:-
I applied to Mr Easton of Cincinnati to collect of the the United State a pension due my Father "Will Whitaker" a Revolutionary soldier and have sent some papers to him for that purpose. He told me that my papers would enable him to get it for me - but now says he cannot - If he has not already got it I wish you would not pay it over until I send on new papers &c all oblig
Yrs Truly -
Prudence Abbott

War Department Pension Office March 14, 1832
Sir,
In answer to your letter of yesterday I have to inform you that Nell Whitaker has not been placed on the Pension Roll. The papers were delivered to the Hon. Bates book of the House of Representatives on the 2 d of January last, and have not been returned to this office. I send at your request a copy of the letter of the 5 th of April 1831; but as that letter does not shew why the claim was rejected, I now send also a copy of the letter of the 8 th of March 1827 to the Hon. A. H. Tracy, which gives the reasons for not allowing a Pension.
I have the honor to be Very respectfully Your O bt Servt. J. L. Edwards
Hon. H. Hubbard House of Representatives.

H. J. Knapell
2 July 35
O. C.
Rec. Vol. 33. pa. 802.

Warhlept Pension R Sec 34
Gen
In the case of Nell Whitaker his first term of 6 mo alleged service is proved by the rolls to have been 3 mo 10 days only, and his other term of 12 mo under Col Can  Canfield is susceptible proof by some of the numerous survivors of that Regt still residing in Conn. and the regulations require the best evidence in the power of claimants to produce. Zaccheus Maltby should obtain the certificate of the Comptroller of Connecticut in relation to the several terms of his alleged service.
24 th June
A. P. Ruppert Buffalo. N.Y.

Brief in the case of Nell Whitaker dec County and State of Ills act June 7 1832
Claim, ("original," or "for increase.")
Proof exhibited, (if original.)
Is it documentary, traditionary, or supported by rolls? If either, state the substance.
Proof of service. Parol. See letter to Hon Bates Cook Jany 27 1834. " " " His Excellency M Fillmore May 10 1832 " " " Paul Cornell " " "
(If for increase.)
Has additional evidence been filed since the admission of the claim? If so, what?
Reasons for admission in paper marked A after with the papers in papers.
Name and residence of Agent Paul Cornell Chicago Ill
Thornton Triplett Examining Clerk.

Chicago July 28 th /51
Dear Sir
Enclosed you will find the affidavits of David Rimmer & Mrs. Abbott, in regard to the Pension of Nell Whitaker.
She is a widow in destitute circumstances and it is to be hoped that the Commission will take more than ordinary pains in investigating the matter as there is no doubt but that her Father was a soldier entitled to a Pension but never obtained it for the want of proper evidence.
I doubt not that he is entitled to a Pension from the passage of the first acts of Congress granting Pension to the revolutionary soldiers. Direct all communications in regard to the matter to me as I shall be more apt to get the
Respectfully &c Paul Cornell

Chicago July 28 th /57-
Dear Sir,
Please send to Paul Cornell my Atty the proceeds of the Pension of Will Whitaker my Father or any other communications in regard to it. I will merely state that I am destitute circumstances and as I am confident that I am entitled to the Pension of my Father I surely hope you will give the Mother a full investigation.
With much respect
Yours Truly Prudence W. Abbott

459050
Nell Whittaker
Sent to H. P. Russell 2 Jan 35 House 60 p 9th Feb 1835 to H. P. Russell 19 March "
H. P. Russell

9050
BRIEF objections to the admission of Pension Claims , of which those answered in the negative, in red ink, will apply to the claim of Neil Whittaker of Hamburg NY 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
He should designate some date for the commencement of his service in the spring of 1782.
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? No
XII. If the clergyman's affidavit has not been produced, is there any reason assigned for not obtaining it? No
XIII. If the applicant has no documentary evidence, and has not obtained the testimony of at least one living witness, has he stated in his declaration that such proof cannot be had? yes
Service in Harkness Regt should be proved
XIV. † If the applicant has produced a witness or witnesses as to his service, has the magistrate who administered the oath certified that he, she, or they are persons of credibility?
Has the official character and signature of the magistrate been certified by the proper officer under his seal of office?
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?
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? 2 a
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 the 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.
†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 a proper officer, under his seal or stamp.
†QUERE XVI. Mode of authenticating papers.
In every instance where the certificate of the certifying officer who authenticated 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 end 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.
MS. The papers referred to were ret d to Hon. Mr. Cook

Chicago Ill January 19 1853.
Mr Heath
Sir your letter of Dec 24 was duly received but I have neglected to write in consequence of ill health you say it is necessary that I should inform you what my Father's name was I am surprised at the question for I feel confident that it is in my letter and you will find it in Mr Kennisons affidavit his name was Nell Whitaker he served three years in the Continental army he moved in 1811 to Erie Co state of NY in town of Hamburg where he resided until the time of his death which occurred in October 1832 he could never find but one person that he knew while he was in the service he applied for a pension on his deposition but for some flaw in the deposition he failed to get justice until two years after his death it seems they allowed him 50 dollars a year under an act passed in 1831 we knew nothing of it until last spring when I wrote to President Fillmore requesting him to intercede in my behalf and have my papers which had been there nearly a year examined but instead of taking any notice of them I was informed that there had been a small pension allowed some nineteen years ago it amounts to 83 dollars you request in your letter to state the object of my application, my Father was without the least doubt entitled to a pension from the time pensions were first granted until his death and my object is to get it if I can

you do not seem to understand that I am the individual that Lawyers Cornell and Baron of Chicago applied for a pension for in July or August 1851 they took Mr Kennisons deposition also mine and sent them to the pension office with letters in the course of three months you wrote them that they were received and would be attended to since then we have had not a line about them I was sick and in need became impatient and write to Mr Filmore as above stated I have got no satisfactory answer yet and now sir I want you to look up Mr Kennisons deposition with the other papers that you received with them and see if I am or rather if my Father was intitled to a pension if after a careful examination you come to the conclusion that the evidence is not sufficient to grant a pension then let please let me know it I have received within the last six months four letters from as many different pension agents informing me that I had a Pension due me or rather my Father had to which I was heir and craveing the privilege of getting it for me for a certain share some wants half I have not answered them yet I thought I would wait and see if I could not have justice done me without paying so dear for it government can be very liberal to the widows and Children of those who went to Mexico to get more territory yes and even to the livery soldier who had a in

the main a fine time of it it is true they fought some hard battles but when the day was won they were happy they had plenty of the best to eat drink and to were in a warm climate they had very little to suffer they were fighting for glory and conquest a trifling thing compared to what our Fathers fought for and bled for often times in their bare feet with not half enough clothes to keep them from freezing with short rations and no pay or Continental money which amounted to the same thing about as it often took 40 dollars of it to buy a break- fast but what were there fighting for for more territory or glory no for their homes alas many very many of them had no longer a home to fight for while many were away defending the young tree of liberty the ruthless savage came and destroyed their homes killing wives and children aged parents and dear but helpless friends but you will say it is a worn out tale and out of place here but if it is often told it seems it is soon forgot while any of the speculators of the day buys a land warrant for one quarter what it is worth or an individual makes a claim for one the result is their business is tended to in due time they do not have to wait years as I have and others until it is forgotten and then if we ask for a hearing we have to go through a long corres- -pondence to make them understand who we are and what we want I do not wish to be unjust but sir it is very trying to be put off as I have been very respectfully yours Prudence Whitaker Abbott

PS you will oblige me much by letting me hear from you soon P. W. Abbott.

State of New York Albany County
William Hoys of the town of Nunda in the county of Albany being duly sworn deposes and saith that he was personally acquainted with Nell Whitaker of (at present) of the town of Ham- burgh and county of Erie and State of New York and that he knew the said Whitaker in the State of Connecticut during the revolutionary war and that he knew the said Whitaker when he enlisted into Capt. Allen's company in Col. Rich- ard's Canfield's regiment of Connecticut troops in the month of April in the year 1782
And the deponent further says that he was at that time a soldier in the aforesaid company and that he served with the said Nell Whitaker in said regiment for about the term of one year next following the time of the said Whitaker's aforesaid en- listment, and that the said Whitaker ac- cording to the best of the deponent's rec- ollection and belief was honorably dischar- ged (as Horse men) in the said State of Connecticut, and for the this deponent says N.S. —
William Hoys

Sworn to and subscribed before me William Richardson Esquire one of the Justices of the peace for and for the County of Allegany and Town of Caledon this 13 th day of January 1824
Personally Came Before me William Hoyt and made oath to the within affidavit to be correct this 13 th day of January 1824
State of New York } William Richardson Justice Albany County } Clerks Office }
I hereby certify that William Rich- =ardson before whom the within affidavit was taken was at the time of taking the same a Justice of the peace duly commissioned and sworn in and for the County of Allegany and that I am a acquaintance with the hand writing of the said Justice and Virely believe the signature of Wil- =iam Richardson subscribed to said Affidavit to be his own proper hand writing -
In testimony whereof I have hereunto subscribed my name and affixed the Seal of said County this XXXXX fifth day of February A.D. 1827
Amos Peabody Clerk of Allegany County

Buffalo Feb 25 1835
J L Edwards Esq } Com te of Pensions }
Sir Inclosed you will see an answer to my letter from the Com te of Connecticut saying that he knows of no Person, that served in Col Canfield Regiment and the information he wishes I can only get from you and if you will oblige me with the Time Iackus Mattley served I will obtain the information if possible In the case of Nell Whitaker the Heirs will be glad to receive the part which is ad- mitted, from the Commencement of the act up to the 14 October 1832 the time of his death if it will not prevent them from proving and obtaining the Balance your attention to this will much oblige
Your Obed t Serv t
H. P. Russell

CORNELL & BARRON.  Attorneys & Counsellors at Law. SOLICITORS IN CHANCERY & PROCTORS IN ADMIRALTY Yr. Corner of Clark and Randolph Streets.  OPPOSITE THE SHERMAN HOUSE  Chicago, Ill. Paul Cornell. Wm. T. Barron. Prompt attention given to any Business confided to their care, in this or adjacent States. — REFERENCES. —
  Madison & Sheldon  NEW YORK  B. D. Hovey & Co.  BOSTON.    City Bank  CINCINNATI.  Smith & Ray  ST. LOUIS.    J. V. French & Patten  DO.  H. C. Younglove Esq.  CLEVELAND.    Wadsworth & Marsh  WOODSTOCK VT.  J. H. Burch  CHICAGO.    D. Clark & Langdon  MONTPELIER.  Hon. Mark Skinner  DO.  
Chicago Ill. June 22 nd 1852.
J. E. Heath Esq. Comr. of Pensions. Washington D.C.
Dear Sir,
Enclosed please find the certificate of the County Court of Cook County a Court of Record in the State of Illinois in reference to the time of death of Nell Whitaker, fixing it on the 11 th day of October A.D. 1832. Please inform us of the amount allowed the children of said Whitaker, and when and where it will be paid, at your earliest convenience & oblige
Your Obt. Servts, Cornell & Barron Atty's &c

Nell Whitaker Erie Co NY
32588
Jan 11, 1832. Ref. to Comm n on Rev. Pensions.
Mar. 15 th 1832 Bill N o 472 Capt Allen Col o Canfull Com d Troops
23

22d Congress. 1st Session.
Congress of the United States In the House of Representatives
January 11, 1832.
On motion of Mr. Cooke, N.Y.
Resolved, That the Committee on Revolutionary Pensions be instructed to inquire into the expediency of granting a pension to Nell Whitaker for services as a soldier of the Revolution.
Attest, M. S. Clarke Clerk

Pension Affair
Will Whitaker,
Erie, N. Y. col o (Conf'd) Con te Reg t
Jan. 11. 1832.
Ref d to Comm ee on Rev o . Pension
Albert H. Tracy,
Buffalo, N. Y.
The Knoll
James Parbourn
Recd. 22 Feb. 1827.
Dec r 1827
Washington —
see letter to N. Whitaker
April 5. 1831

James L. Edwards Esq
Buffalo N.Y. Feby 13. 1827
Sir
I enclose the pension application of Nell Whitaker a revolutionary soldier which I am re- quested to submit for your favorable consideration
Respectfully to H. Smith
Robert H. Tracy

Claims 6 mo.
Col Durkies in 80
on Rolls Durkies
12 July to 22 Oct 80
3 mo. 10 ds pri
12- — pri in Col Canfield
15. 10 ds pri

State of New York ss
I Samuel Muijsel an Inhabitant of the City of Buffalo in the state of New York being now in the City of Albany in the state aforesaid do certify that I am a Judge of the County Courts of the County of Erie in said State, and that I have been for a long time personally acquainted with Jonathan Hascall whom oath is hereto prefixed, and that he is a Preacher in the Baptist denomination, and that his oath aforesaid is entitled to full faith & credit, and I further State that the reason as I understand why his oath was not taken at the time I took Nell Whitaker was that he was absent and his attendance could not be procured at that time - and I further State Nell Whitaker died in about ten days after the paper was made out by me which he signed - and I further State that I put the several interrogatories to him agreeably to the instructions which he answered so far as it was in power to be, which was satisfactory to me and to so State in my former certificate
Done in the City of Albany this 25 th day of February
A.D. 1833
Sam Muijsel a Judge of Erie County
The children with my communication to be addressed to me Sam Muijsel Post Master Buffalo State of New York P.M.

Evans pule 9th 1833
Personally appeared before me the subscriber Nathan Jonathan Haskel and stated under oath that he has been personally acquainted with the affiant for about eleven years and believes that the statements made by the affiant before Judge Russell on the 5th day of Oct 1832 to be true that he was a man of veracity and believed where he lived
Yona Haskell
Sworn and subscribed before me this 9th day of Feb 1833
Alonzo Manley justice of the peace
State of New York
Albany Office Erie County ss I Noah P. Sprague
Clerk of said County do hereby that Alonzo Manley before whom the above affidavit purports to have been taken was at the time of
taking the same a Justice of the peace in and for the County of Erie duly authorized to take the same and I further certify that I am well acquainted with his hand writing and do verily believe his signature to the above affidavit to be his genuine signature.
Witness my hand and seal of office this 21st day of February 1833. N. P. Sprague Clerk. By Mark Wild Deputy

9050-
Styl. Order p 146.

To the Hon, the Secretary of the department of war for the United States of America — Your Memorialists, being inhabitants of Erie Co N.Y. in behalf of Mr Mell Whitaker of Hamburg in sd Co a revolutionary claimant. Respectfully showeth that whereas he the sd. Whitaker, as early as 1825 made application to Congress for a pension, for services rendered in the war of the Revolution, under the act of 1818 by petition, accompanied with evidence of one years service in the state troops, & was informed by the secretary of war that the service set forth in his petition did not bring him under the act of 1818 — And further that in consequence of old age, bodily infirmities & disease, which for several years has rendered him incapable of manual labour, and at present confines him to his bed — he has therefore in conformity with the recommendation of the war department in such case, made affidavit of another 6 Months service in the Continental line, which affidavit will accompany this petition — And we do further represent, that having been for many years personally acquainted with Mr Whitaker — his own statement and especially when under oath carries to our minds irresistible conviction of the truth of the facts to which they relate — And we can and do further respectfully represent that we consider his claim as one of more than ordinary merit as well on account of the most imperious demand of pressing need, and actual want, occasioned by the deprivation of health for several years, as that of real merit; we do therefore humbly pray, hope, and trust, that the affidavit accompanying this together with his former petition and accompanying evidence now in the office of the war department, will be considered sufficient to justify the acceptance of Mell Whitakers name to the pension list rule, to draw from the date of his first application — And if so found by the department of war that his certificate may be forwarded to him at Hamburg Lake Road Erie Co N.Y. with as little delay as may be convenient, that the drooping spirit of the old revolutionary veteran may be cheered with one ray of his country's gratitude, ere the vital spark is flown forever
Chesney G. Goodrich Samuel Jackson Daniel H. Abbott Abraham Abbott Chauncy Abbott Darius Camp