Revolutionary War Pension and Bounty Land Warrant Application File S. 21569, Zenas Wheeler, Mass.

SERVICE
NUMBER _____
Miss.
Wheeler, Zenas.
S. 21 569
CONTENTS

Massachusetts 15239
Zenas Wheeler
of Berkshires in the State of Mass ts who was a priv: in the company commanded by Captain Soul of the Reg t commanded by Col. Ashley in the Mass ts time for 13 1/2 months
Cont. of Mts
Inscribed on the Roll of Massachusetts at the rate of 45 - Dollars — Cents per annum, to commence on the 4th day of March, 1831.
Certificate of Pension issued the 4 th day of June '33 to Senax Mass ts and sent H.W. Bishop
Arrears to the 4th of March '33 — 90 Semi-ant. allowance ending 4 Sept " — 22.50 $112.50
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded by Wm Miller Clerk Book E. Vol. 2 Page 91
77 Berkshire

18418 Zenas Wheeler Map
Admit as a purat for 13 1/2 mo. $45-

BRIEF in the case of Zenas Wheeler Co - of Berkshire in the State of Mass (Act 7th June, 1832.)
 1. Was the declaration made before a Court or a Judge? Open Court  2. If before a Judge, does it appear that the applicant is disabled by bodily infirmity?  3. How old is he? 75  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.     Continental Army In 1776 enlisted 1 private Gen. Col. Whitcomb.   1777 volunteer 1 15 " Gen. Dunning Col. Ashley  
 5. In what battles was he engaged? Non  6. Where did he reside when he entered the service? New Marlborough Mass  7. Is his statement supported by living witnesses, by documentary proof, by traditionary evidence, by incidental evidence, or by the rolls? Traditionary documentary and live living witnesses  8. Are the papers defective as to form or authentication? and if so, in what respect? 
I Certify that the foregoing statement and the answers agree with the evidence in the case above mentioned.
George Taylor
Examining Clerk.

Zenas Wheeler
New Marlboro' Mass. Application for Pension Nov 14 1832
18748

Commonwealth of Massachusetts.
County of Berkshire, ss.
ON this fourteenth day of November A. D. 1832 personally appeared in open Court, before the Honorable WILLIAM P. WALKER, Judge of the Court of Probate, within and for said County of Berkshire, now sitting,
Zenas Wheeler a resident of the town of New Marlborough in the County of Berkshire and Commonwealth of Massachusetts, aged Seventy five 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, 1832.
That he entered the service of the United States under the following named officers, and served as herein stated.
That he enlisted and served in the Continental Army for the period of one year - the Year 1776 - in a company commanded by Captain Moses Soul in Col. Asa Whitcomb's Regiment. That he joined the army at Cambridge near Boston the first of January 1776 - in said Company - that he was there stationed until the British evacuated the town on the 17 th day of March following - that he then marched with the Regiment, aforesaid into Boston to protect & fortify the Harbor and was stationed there until the first of August following, when he marched with said Regiment to Ticonderoga on Lake Champlain where he was stationed until the first of January 1777 - at which time his enlistment for the Year as aforesaid was ended & he was discharged -
That he can prove the above service by Seth Hubbard of Sandisfield and Asa Cole of New Marlborough, both of
whom served with him in the same Company through the Year aforesaid.
Also, that he enlisted as a volunteer in the Militia against Burgoyne's army, in a company commanded by Capt. Elijah Deming of Sandisfield - Eleazer Taylor of New Marlborough Lieut. in Col. John Ashley's Regiment - That he marched to Stillwater on the Hudson River about the first of Sept. 1777 - and that after being stationed there a while he marched up the River on the East side to Pattenkill and was there stationed to guard that important post until Burgoyne surrendered, which was Octo. 17. 1777 - That he served in this enlistment one month & a half - as will appear by the original pay roll hereto annexed found among the papers of said Lieut. Eleazer Taylor, who received the pay of those that served in Capt. Demings company from New Marlborough -
That he can prove the last above service by - Seth Hubbard of Sandisfield and John Hyde of New Marlborough

 1 - That he was born in New Marlborough Octo: 22. 1756 -  2 - That there is a record of his age on the town Book & in his family Bible .  3 - That he lived in New Marlborough when called into service, that he has lived there since the Revolutionary war and that he now lives there.  4 - That he entered the service as before stated by voluntarily enlisting, and served as a soldier as before stated -  5 - That during his station at Boston there were with the troops - Genl. Washington - Col. Shepard &c. That at the taking of Benoyne Genl. Gates commanded and Genl. Arnold was there - and that during the same autumn Arnold's defeat took place.  6 - That he never received a written discharge from the service.  7 - That the following persons to whom he is known can testify as to his character for veracity and their belief of his services as a Soldier of the Revolution - namely - 
Rev d . Harley Goodwin & Benjamin Sheldon Esq

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
Linas Wheeler
S.
Sworn to, and subscribed, the day and year aforesaid.
W.P. Walcutt J. Probate
We Harby Goodwin a Clergyman, residing in the Town of New Marlboro and Benjamin Sheldon residing in New Marlboro hereby certify, that we are well acquainted with Linas Wheeler who has subscribed and sworn to the above declaration; that we believe him to be 75 — 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.
Harby Goodwin Benjamin Sheldon
S.
Sworn and subscribed, the day and year aforesaid.
W.P. Walcutt J. Probate
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 Harby Goodwin who signed the preceding certificate is a Clergyman, resident in the town of New Marlboro in the County of Berkshire and Commonwealth of Massachusetts and that Benjamin Sheldon who has also signed the same, is a resident in the town of New Marlboro in the County of Berkshire and Commonwealth of Massachusetts and is a credible person, and that their statement is entitled to credit.
W.P. Walcutt J. Probate
I, HENRY W. BISHOP, Register of the Court of Probate within and for the County of Berkshire in the Commonwealth of Massachusetts, do hereby certify that the foregoing contains the original proceedings of the said Court, in the matter of the application of Linas Wheeler for a pension.
In testimony whereof, I have hereunto set my hand and seal of office of said Court of Probate, this fifteenth day of November in the year of our Lord, one thousand eight hundred and thirty two
Henry W. Bishop - Register of Probate

Zenas Wheeler Mass. S. 21569.
Two receipt rolls of capt. Elijah Jennings co. dated Mar. 25, 1778 and June 9, 1778, and a receipt roll of wages paid by Lieut. Eleazer Taylor July 16, 1778.
have been removed from this claim and sent to the War Dept. Jan. 16, 1912 and

Production
21 569 INVALID.
File No. 21,569
Jenas Wheeler Rev Rev War
Act: June 7 th 99 th
Index:—Vol. 2 , Page 447
[Arrangement of 1870.]

18748
Yours Sincerely
 notifying officer, should accompany the papers off - the complaint of a member of congress, having the official papers of such case before the start of the court, or after certifying attached to the complaint, should be sent to the under the act of "acts of the returning officer" as to be present at the court and be satisfied before by a piece of paper he is now before written on the same printed paper which contains the official or other papers in these papers the complaint of the complaint officer who should be satisfied by the proper officer, under his seal of office. and could to the examination of the witnesses, and the official opinion and signature of the judge. written, certified, and signed by the judge. 

BRIEF objections to the admission of Pension Claims , of which those answered in the negative, in red ink, will apply to the claim of James Wheeler which require further proof or explanation.
I. Does the declaration show where the applicant resides? yy II. Did the declarant make the declaration in the county where he resides? yy 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? yy 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? yy VI. Has he given the names of the officers under whom he served, in conformity with the regulations? yy VII. Has he made a relinquishment of every claim to any other pension than the one under the Act of June 7, 1832? yy VIII. Has the Court given their opinion? yy IX. Has the Clerk given his certificate? yy 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? yy

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?
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? —
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.

We Seth Hubbard of Sandisfield and John Hyde of New Marlborough all in the County of Berkshire Commonwealth of Massachusetts of lawful age do testify and say, that we are personally acquainted with Jonas Wheeler of New Marlboro: that he enlisted with us in a company commanded by Capt. Elijah Dunning in Col. John Ashley's Regiment - that he marched with us from said New Marlboro against Burgoyne's Army to Stillwater on the Hudson River about the first of September 1777 - and that after being stationed there awhile he marched with us up the River on the East side to Battenkill & was there stationed until the surrender of Burgoyne Oct. 17. 1777 - that he served in his enlistment one & a half months with us according to our best recollection.
Dated at Great Barrington } November 14 th 1832. }
Seth Hubbard John Hyde
Berkshire ss: November 14. 1832. Personally appeared the above named Seth Hubbard and John Hyde, whom I certify to be credible Witnesses & severally subscribed & made oaths to the truth of the above Deposition
Before me, Parker Hall Just. Peace

We Seth Hubbard of Sandisfield and Asa Cole of New Marlboro. all in the County of Berkshire Commonwealth of Massachusetts of lawful age depose and say that we are personally acquainted with Mr. Jonas Wheeler of said New Marlborough - That said Wheeler served with us one year - the year 1776 in the continental army - in a company commanded by Capt. Moses Soul in Col. Asa Whitcomb's Regiment - That he joined the Army with us at Cambridge near Boston the first of January 1776 - in said company - that he was there stationed with us until the British evacuated the town on the 17 th day of March following - that he then marched with us in the said Regiment into Boston and was there stationed until the first of August following when he marched with us in said Regiment to Ticonderoga on Lake Champlain where he was stationed with us until the first of January 1777 at which time his enlistment for the year as aforesaid was ended and the said Wheeler together with us the said Deponents was discharged -
Dated at Great Barrington } November 14 th 1832 }
Seth Hubbard
Asa Cole
Commonwealth of Massachusetts.
Berkshire, ss.
I, HENRY W. BISHOP, Register of the Court of Probate in and for said County, do hereby certify that Parker S. Hall Esquire, before whom the annexed deposition was taken is one of the Justices of the Peace within and for said County, duly and regularly appointed, and that I am well acquainted with his hand writing, and have no doubt that the Signature annexed to said deposition is genuine.
In Testimony whereof I have hereunto set my hand and affixed the seal of said Court this fourteenth day of November A. D. 1832. Henry W Bishop Register of Probate

Berkshires: November 14. 1832. Personally appeared Seth Hubbard & Asa Cole and severally subscribed & made aaths to the truth of the above Depositions, whom I certify to be credible Witnesses - Before me, Parker L. Hall Just. Peace.