Revolutionary War Pension and Bounty Land Warrant Application File S. 7,891, Micajah Wheeler, Va.

SERVICE
Ua.
Wheeler Micajah
NUMBER _____
S. 7891
carded.
CONTENTS

12. 710 Virginia
Micajah Wheeler senior of Nelson Co. in the State of a Virg. who was a Pte & Sergeant in the Comp y commanded by Captain Harris of the Reg t commanded by Col. Dabney, in the Virginia line for 9 mos. & 10 days.
  Sey  6. 2.  10. 00    Prnt  7. 10  24. 44     9. 10  $34 " 44  
Inscribed on the Roll of Virginia at the rate of 34 Dollars 44 Cents per annum, to commence on the 4th day of March, 1831.
Certificate of Pension issued the 20. day of May 33. and sent to Garland, Covington Co. Va.
Arrears to the 4th of March 1833. 68.88 Semi-ant. allowance ending 4 Sept. 33. 17.22
$86.10
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded by W. H. Palmer Clerk, Book 6 - Vol. six Page 31.
Paid at the Treasury under the Act of the 6 April 1838 from 4 March to 4 Sept 1837. Agt notified 23. Oct 1838.
Paid at the Treasury under the Act of the 6. April 1838 from 4. Sept 1837. to 4 March 1838. Agt Notified 26. Nov 1838.

24 th 35. 12. 16
Micajah Wheeler Sen. Nelson Co Virginia
Adm for 9. Months & 10 days from 1776 - 2 Months Thereof Serjeant
S. Garland Livingston Nelson County John Thompson  wa Washington City W. B.

WAR DEPARTMENT,
Pension Office,
183
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, shewing the Service of Micajah Wheeler, Nelson Co Virginia.
   Period when the service was rendered. Duration of the claimant's service. Rank of the claimant. Names and rank of the Field officers under whom he served. Age at present, and place of abode when he entered the service. Proof by which the declaration is supported.   Years. Months. Days.     1 Sep 1776 " 1 10 Priv Capt Harris 74 years Arbbem Witnfs G. Barksdale   1778 " 2 " Serg t Maj. Rice art 60 Virg a " Joshua Wheeler   1780 " 3 " Priv Capt Grayson " T. Woodson   June 1781 " 3 " " Capt Martin  
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 days 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 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] The declarant 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 [j] are all equally applicable to the cases of Militia men, Volunteers and State Troops. The proof required by rule in note [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.
Joseph Rowen

Micajah Wheeler. Sew
Ex 2
24735
for Mo. Thompson Jr.
24735 for Mo. Thompson Jr.

Virginia.
At a Court of Monthly Session held for Nelson County at the Court-house on the 24th day of December 1832. —
State of Virginia County of Nelson } Set:
On this 24th day of December 1832. Micajah Wheeler Senior of said County, age, Seventy four years, on the 2nd day of last October, 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 was born in the County of Albemarle  State of Virginia on the 2nd day of October 1758. (and resides generally in said County of Albemarle until about twelve years since, when he removed to the aforesaid County of Nelson, where he now resides. That he has a register of his birth in his family. That about the 1st of September, he thinks in the year 1776, he was drafted as a militia man from the County of Albemarle, & marched under Captain Robert Harris to Richmond thence to Williamsburg, thence to York, thence Hampton where he served a tour of forty days. He was discharged at Williamsburg, he returned home. (and again about eighteen months or more afterwards, he was drafted in the militia service as a Commissary guard at the Albemarle Barracks, which were then erecting; he cannot be positive as to dates, but states them according to the best of his recollection, he served two months at the said Barracks under Major Rice who had the command of the small detachment of militia who were there. There were no other commissioned officers. He was himself a non commissioned officer viz: a Sergeant, he was discharged at the end of the two months. He was again drafted in the militia during the winter preceding the surrender of Cornwallis and marched from said County of Albemarle under Captain William Grayson to Richmond, thence to Williamsburg, thence to York, and Hampton at the Haffey house where he served a tour of three months, he was discharged & came home about the last of March 1781. He recollects the names of the following Officers under whom he served, viz: Capt. Robert Harris, Major Nicholas Lewis, & Col. William Nelson & Genl. Thomas Nelson during his first tour — none but Major Rice during his service at the Barracks, during the last tour he recollects Major Campbell, Col. Dabney, Genl. Thomas Nelson for a while & then Genl. M c Leod. He recollects that Dundas commanded the British forces while he served the last mentioned tour. He was again drafted when Tarleton came to Charlottesville in June 1781, under Captain John Martin (and served for a few days only — he marched with others to the Secutauy's Ford (and were dispersed shortly after being stationed there, he got no discharge this time, very soon after he was stationed at Charlottesville as a guard over the Magazine & served a tour of three months, during this tour he was sick of a bilious fever a considerable part of the time. Micajah Wheeler Sen r

He also makes the following answers to the following questions propounded by the Court. —
1st Where (and in what year were you born?
Answer. I was born in the County of Albemarle in the State of Virginia on the 2nd day of October 1758. —
2nd Have you any record of your age? if so where is it?
Answer. I have (and it is now in my possession.
3rd Where were you living when called into the service, and where have you lived since?
Answer. I have lived in the County of Albemarle since my discharge
4th How were you called into the service, were you drafted or did you volunteer, or were you a substitute, and if a substitute, for whom?
Answer. That question is also answered in the body of the declaration. I was drafted.
5th State the names of the regular officers who were with the troops where you served, such continental or militia Regiments as you can recollect (and the general circumstances of your service).
Answer. All this has been done in the body of my declaration as well as I can remember.
6th Did you ever receive a discharge from the service, and if so, by whom was it given, and what has become of it?
Answer. I do not remember to have received any discharge from the service.
7th State the names of persons in your neighbourhood who can testify as to your character for veracity (and their belief of your services as a soldier of the revolution.
Answer. Charles Berrow and Spotswood Garland who can testify to my veracity, (and Carlton Woodson & S. Barksdale (and Joshua Wheeler who know of my revolutionary services.
He hereby relinquishes every claim whatsoever to a pension or annuity, except the present, (and declares that his name is not upon the pension roll of the agency of any State.
Sworn to (and subscribed) the day (and year aforesaid. We Charles Berrow (and Spotswood Garland residing in the County of Nelson do certify that we are well acquainted with Micajah Wheeler who has subscribed (and sworn to the above declaration that we believe him to be about 74 years of age (and we believe him to be a man of veracity. Chas. Berrow.
Sworn to and subscribed in open Court. Sp. Garland.
This is to certify that Micajah Wheeler Jr was drafted with me, and served a tour of forty days, that we were both discharged at Williamsburg, and returned to the County of Albemarle together. Given under my hand this 8th day of November 1832. —
S Barksdale.

The above certificate sworn to before me this 8th day of November 1832. James R. Watson. J. B.
County of Albemarle } Set. State of Virginia }
Joshua Wheeler this day appeared before me a Justice of the Peace for said County and made oath that he was living with his brother and knows that he was called out in the militia according to the statements in his declaration. He does not know that he served out the tour as there stated, but knows that he marched from home and returned as he the said Micajah Wheeler has stated in his declaration. Given under my hand & seal this 8th day of November 1832.
William A. Babb L. B.
County of Nelson } Set. State of Va. }
Carlton Woodson this day appeared before me a Justice of the Peace for said City and made oath that he started with Micajah Wheeler from Albemarle in the year 1781, and marched from said County to Richmond thence to Williamsburg, thence to York, thence to the half way House, thence near Hampton. The whole tour was three months, under the command of Capt. William Grayson and others, as stated in the said declaration, and the said Micajah Wheeler, served as a Sergeant. Given under my hand & seal this 23rd day of Novr 1832.
Robt. D. Rinehart Sige.
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 Charles Berrow, Spotswood Gaulton, J. Barksdale, Joshua Wheeler and Carlton Woodson who have sworn to the foregoing certificates are credible persons and that their statement is entitled to credit.
A copy from the Records.
In testimony whereof, I, Spotswood Gaulton, clerk of the said Court, do hereunto set my hand and affix the seal of my Office the 25th day of December 1832, and in the 57th year of the Commonwealth.
Sp. Gaulton

Rev War
7891
INVALID.
File No. 7891
Weicajah Wheeler Sergt Rev War
Act: June 7 th 1832
Index:—Vol. 105 Page 403
[Arrangement of 1870.]

Treasury Department,
Second Comptroller's Office,
Nov. 22, 1838.
Sir:
Under the act of the 6th of April, 1838, entitled "An act directing the transfer of money remaining unclaimed by certain Pensioners, and authorizing the payment of the same at the Treasury of the United States," Micajah Wheeler Sen r a Pensioner on the Roll of the Richmond va Agency, at the rate of Thirtyfour Dollars and fortyfour Cents per annum, under the law of the 7 June 1832 has been paid at this Department, from the 4 of Sept. 1837 to the 4 March 1838
Respectfully, yours,
Alison G. Parrag 1 Comptroller.
To the Commissioner of Pensions, Present.

Treasury Department,
Second Comptroller's Office,
October 15 th 1838.
Sir:
Under the act of the 6th of April, 1838, entitled "An act directing the transfer of money remaining unclaimed by certain Pensioners, and authorizing the payment of the same at the Treasury of the United States," Micajah Wheeler a Pensioner on the Roll of the Richmond, Va Agency, at the rate of thirty four Dollars and forty four Cents per annum, under the law of the 7 th June 1832 has been paid at this Department, from the 4 th of March 1837 to the 4 th of September 1837.
Respectfully, yours,
Albin K. Parris Comptroller.
To the Commissioner of Pensions, Present.

TREASURY DEPARTMENT,
SECOND COMPTROLLER'S OFFICE,
June 21, 1853.
Sir:
Under the act of the 6th of April, 1838, entitled "An Act directing the transfer of money remaining unclaimed by certain Pensioners, and authorizing the payment of the same at the Treasury of the United States;" and the third section of the Act of August 23, 1842, extending the time within which pensioners may receive their pensions from the Pension agents,
Micajah Wheeler
a Pensioner on the Roll of the Richmond Agency, at the rate of Thirty four Dollars and 44 Cents per annum, under the law of the 7 June 1832 has been paid at this Department, from the 4 th of Sept. 1851 to the 4 March 1852.
Respectfully, yours,
12716 G. M. Brodhead Comptroller.
To the COMMISSIONER OF PENSIONS, Present.