Revolutionary War Pension and Bounty Land Warrant Application File S. 11702, Silas Wells, New York

SERVICE
NUMBER
New York
Wells, Silas
S. 11702
CONTENTS
carded

20.269 New York
Gilas Wells
at Hecker in the State of N. York who was a private in the Corp. commanded by Captain Miller — of the Regt. commanded by Col. Humphrey in the N. York line for 11/3 Mts.
Inscribed on the Roll of N. York at the rate of 35 Dollars 0 Cents per annum to commence on the 4th day of March, 1834.
Certificate of Pension issued the 31 day of Aug. 1833 and in the name of Gilas Wells
Arrears to the 4th of Mar. '33 $ 70 Semest. allowance ending 11/3/33 17.50 $87.50 d. Febry 14. 1841
Recorded by P. C. Miller } Revolutionary Claim, } Pkt June 7, 1832. } Clerk Book E Vol. 4. Page 39

1011004
Silas Wells Herkimer Co New York
admd
13
P 381
May 5 33
Aaron Hackley Julius C. Nelson Atty Herkimer Co New York

BRIEF in the case of  Silas Mills  of  Herkimer  in the State of  New York  (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? Eighty one  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.     Enlistment In 1776 5 15 Private Gen. Colo Humphrey Colly Chamberlain Colo J. S. T. ... Colo Genl Miller   " 1778 1   " 1779-80-81 4   Discharge  
 5. In what battles was he engaged? None  6. Where did he reside when he entered the service? Dutchess Co New York  7. Is his statement supported by living witnesses, by documentary proof, by traditionary evidence, by incidental evidence, or by the rolls? Traditionary  8. Are the papers defective as to form or authentication? and if so, in what respect? None 
I Certify that the foregoing statement and the answers agree with the evidence in the case above mentioned.
Geo. B. Whiting Examining Clerk.

Silas Cyrus Wells.
Application for a Lusion

Declaration in order to obtain the benefit of the act of Congress passed June 7, 1832.
State of New York Herkimer County } ss.
On this first  eleventh day of October one thousand eight hundred and thirty two personally appeared in open Court before the Court of Common Pleas in and for the said County of Herkimer now sitting Silas Wells a resident of the Town of Columbia in the County of Herkimer and State of New York, aged eighty one years and upwards, 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. Cornelius Humphrey of Dutchess County and State of New York was the Colonel under whom he enlisted on or about the early part  first day of June in the year 1776, and with whom he served until the first day of December of that same year at which time the period of his first enlistment expired. Colby Chamberlain was the Captain of the Company in which he served, James Tallmadge was the first Lieutenant according to the claimant's best recollection. During the above service this claimant was stationed at Fort Montgomery below the present site of West Point in the Highlands in said State and remained there excepting when sent out in the vicinity of said Fort on guard. That sometime in the fall of 1778 but the precise month and day this claimant cannot state, he enlisted for and served one month, his Colonel's name he does not recollect his Captain was now Jonathan Meller of the Vine Portner in Dutchess County aforesaid. That during this service the regiment to which he belonged detached and sent out a certain number of men from each company (of which he was one) to a place called Peekpack now in the County of Sullivan and State of New York. That in the years 1779, 1780 and 1781 but the precise month and day this claimant cannot now recollect he made three other several enlistments as a militia man and was marched three times to West Point and was employed in digging and erecting fortifications, and in preparing a bomb proof and that he was during the year last above mentioned enlisted and marched to Fort Constitution opposite West Point where he served until that place. That his Colonel's name he does not now recollect, but Jonathan Meller

was at one or more of these times his Captain That he resided during the whole of the war at the Nine Partners in the County of Dutchess and State of New York. That during the years above mentioned he this Claimant was frequently called out as a militia man and served a length of time each year, and was compelled to be so much of his time from home that he was unable to raise crops from the farm he occupied, but the length of time he thus served, excepting the periods above defined this claimant can make no statement as he has no witness, of the same, living, and no means of refreshing his memory by any documentary evidence; That he was in no engagement or battle during the war; That he served in company with no Continental troops and cannot state the names of any regular officers from knowing them in the army; That the Country through which he was marched was as above stated between the Nine Partners and Fort Montgomery West Point and Deer Park in Sullivan County, That he aided in the erection of Fort Montgomery, and another Fort on the opposite  same side of the Hudson River then named Fort Clinton, something like half a mile from of the Fort Montgomery and farther down the river. That there is no other material fact which this claimant now recollects connected with his service.
That he was born in the state of Rhode Island in the Town of North Kingston and County of Kings, in the year 1757 in the month of February.
That he has a record of his age at Sandy Creek in the County of Jefferson and State of New York where it was left four years since.
That he was living at the Nine Partners in Dutchess County when called into service and continued to reside there during the revolutionary war, - that he removed to the Half Moon so called in Saratoga County in the State of New York where he resided seven years then next following that he removed from Half Moon to Otsego in Otsego County and from Otsego to Sandy Creek in Jefferson County where he resided something like twenty years, and that he now resides in the Town of Columbia and has resided for the last three years in Herkimer County aforesaid.

That he enlisted the first time as a militia man and served five months and an half; that he enlisted as above stated at five other and different times for the term of one month each and served the whole of each of those terms of time; and was always a volunteer.
That he served the first time under Colonel Cornelius Humphrey at Fort Montgomery where General James Clinton had the command. That this Fort and also Fort Clinton were taken by the enemy in the year 1777, when General Clinton was wounded but escaped being taken.
That he never received a discharge from the service excepting that at the expiration of each period of his enlistment his Captain told him he was at liberty to return home. That this claimant refers the Court to Rufus Tenant and Hiram Tenant residing in his neighborhood at the present time for testimony as to his character for veracity and their belief of his having served as a soldier in the revolution.
And this Deponent says he was in fact in actual service, either in camp, on the march or in garrison as an enlisted soldier ten months and an half, exclusive of his services as a militia man in 1777, 1778, 1779, 1780, & 1781, and which said militia service this claimant cannot otherwise define, excepting that the calls were so frequent as to prevent any regular attention to business especially in the years 1777, and 1778.
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 this day and year aforesaid in Open Court Frederick T. Nelson Clerk
His Mark Nels

In the matter of the Application for a Pension Silas Wells.
Supplementary aff d annexed.
Round 10 1/2 mo. pri 35 $

We Russel Tenant & Miriam Tenant residing in Columbia King in  Hoback County hereby certify that we are well acquainted with Silas Wells, who has subscribed and sworn to the above declaration; that we believe him to be 81 years of age; that he is reputed and believed, in the neighborhood where he resides, to have been a soldier of the revolution, and that we concur in that opinion.
Sworn, and subscribed, the day and year aforesaid.
in Open Court
Julius C Nelson Clerk
Russel Tenant Miriam Tenant
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 Russel Tenant who has signed the preceding certificate, is a clergyman , is resident in Columbia and that Miriam Tenant who has also signed the same, is a resident in Columbia and is a credible person, and that their statement is entitled to credit.
I, Julius C. Nelson clerk of the court of Common Pleas of Counties  said do hereby certify that the foregoing contains the original proceedings of the said Court in the matter of the application of Silas Wells, for a pension.
In testimony whereof, I have hereunto set my hand and seal of office, this Eleventh day of October 1832
Julius C Nelson Clerk

4574. In the matter of the Application of Silas  Byron Wells for a Pension under the Act of Congress of June 7, 1832.
J.
95

State of New York } Herkimer County } ss:
Personally appeared before me the undersigned a Justice of the peace in and for the said County of Herkimer, Silas Wells who made the annexed Declaration in order to obtain a Pension, who being duly sworn deposeth and saith that at the time of making his said Declaration he intended to have stated therein that he had no documentary evidence, and that he knew of no person, whose testimony he could procure who could testify to his service, and the said Silas Wells upon his oath aforesaid, now deposeth further that he had no such evidence, as to any part of his services, at the time of making his said Declaration, and that he now has no documentary evidence, and that he knows of no person, whose testimony he can procure who can testify to his service.
Subscribed & sworn this } 30 th day of May 1833 } Before me.
Mrs Wells
John B Dyger, Justice of the peace
Herkimer County } ss: Clerks Office }
I Julius C. Nelson Clerk of said County do hereby certify that John B. Dyger Esquire before whom the preceding affidavit purports to have been taken, is a Justice of the peace in and for said County duly authorized to administer such oath, and further that I am acquainted with the hand-writing of said Justice and believe the signature of "John B. Dyger" subscribed to the first of said Affidavit to be the proper hand writing of said Justice. In testimony whereof I have hereunto set my hand and affixed the Seal of my Office this third day of June one thousand eight hundred and thirty three.
Julius C. Nelson Clerk

December 29, 1936
XXXXXXXXXXXXXXX
Mrs. Benson R. Frost Rhinebeck New York
Petar Wells, S. 10042 Silas Wells, S. 11702 BA-J/MLB
Dear Madam:
Reference is made to your letter in which you request the Revolutionary War records of Peter Wells who received pension in Onondaga, New York (S. 10042), and of Silas Wells who applied for pension in Herkimer, New York (S. 11702).
Their records are furnished you, as follow, without any charge for the service:
PETER WELLS S. 10042
The data herein were obtained from the papers on file in pension claim, S. 10042, based upon service in the Revolutionary War of Peter Wells.
Peter Wells was born October 25, 1748, in North Kingston, Rhode Island; the names of his parents are not shown. In 1768 he moved to East Greenwich, Kent County, Rhode Island.
While residing in East Greenwich, Rhode Island, Peter Wells enlisted about May 1, 1775, served as private in Captain Joseph Hawley's company, Colonel James M. Varnum's Rhode Island regiment, and was discharged January 1, 1776. He enlisted in the spring of 1776, served as private in Captain Job Pearce's company, Colonel Morey's Rhode Island regiment, and was discharged after having served five months, on account of being injured in his thumb by a rope when moving a cannon. He enlisted in July, 1778, served nineteen days as a private in Captain Michael Spencer's company, Colonel Waterman's Rhode Island regiment, and went on General Sullivan's Expedition to Rhode Island.
In 1779, the soldier moved to the Town of Hancock, Massachusetts, resided there and in the adjoining town of Stephentown, New York, until

1817, then moved to Westmoreland, Oneida County, New York, where he remained until 1820, thence to Lorraine, Jefferson County, New York, which was his place of residence until 1830; from there he moved to Onondaga, where he resided one year, thence to Alburgh, Vermont, where he remained until August, 1833, then moved back to Onondaga, New York.
Peter Wells was allowed pension on his application executed February 1, 1834, at which time he was a resident of Onondaga, Onondaga County, New York.
No reference was made in the claim to soldier's wife. He had a son named Caliph H. A. Wells who was born in August, 1788, in Hancock, Massachusetts, and lived there with his father until twenty-four years of age then moved to Berlin, Rensselaer County, New York, where he remained until 1817, thence to Onondaga, New York, and was still living there in 1834. No further reference was made to children.
In order to obtain date of last payment of pension, and name and address of person paid and possibly the date of death of this soldier, you should write to the Comptroller General, General Accounting Office, Records Division, this city, and cite the following data: Peter Wells, Certificate #28728, issued May 27, 1834, rate $45.42 per annum, commenced March 4, 1831, Act June 7, 1832, New York Agency.
*****
SILAS WELLS S. 11702
You are furnished herein the record of Silas Wells as found in pension claim, S. 11702, based upon his service in the Revolutionary War. It is the record of the only soldier of that name found in the Revolutionary War records of this office.
Silas Wells was born in February, 1751, in North Kingston, Kings County, Rhode Island, the names of his parents not given.
While a resident of Nine Partners, Dutchess County, New York, Silas Wells volunteered in June, 1776, served as a private in Captain Colbe Chamberlain's company, Colonel Cornelius Humphrey's New York regiment, stationed at Forts Montgomery and Clinton where he was engaged in erecting fortifications and was discharged December 1, 1776, after having served five and one half months. He volunteered and served five different tours of one month each during the period from 1777 to 1781, a part of time under Captain Jonathan Weller in the New York troops, no further details of this service given.

After the Revolutionary War, the soldier moved to Half Moon, Saratoga County, New York, where he resided seven years, thence to Otsego, Otsego County; from there he moved to Sandy Creek, Jefferson County, where he lived twenty years, and about 1829 moved to Columbia, Herkimer County, all in New York State.
Silas Wells was allowed pension on his application executed October 11, 1832, while a resident of Columbia, Herkimer County, New York. He died February 14, 1841.
There are no family data in the claim.
In order to obtain date of last payment of pension and name of person paid, you should write to the same official as in the other case, furnishing him the following data: Silas Wells, Certificate No. 20269, issued August 30, 1833, rate $35 per annum, commenced March 4, 1831, Act June 7, 1832, New York Agency.
Very truly yours
A. D. HILLER Executive Assistant to the Administrator

Abraham Gifford Silas Wells.

B R I E F objections to the admission of Pension Claims, of which those answered in the negative, in red ink, will apply to the claim of Silas Wells 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? No Two witnesses
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
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?
Has the proper officer certified to the official character and signature of the magistrate as the regulations direct?
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?
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.

1926 Feb 4 Hirt. to Mrs. W. R. Dutton Collins in S. F. 11729 John Mills. 1936 Dec. 29 Hirt. to Mrs. Benson R. Drost - - - - - MFB
Purvis
11,702 INVALID.
File No. 11,702
Silas Wells
Brn. Rev. War.
Act: June 7 th 1932
Index:—Vol. 2 Page 899
[Arrangement of 1870.]

DEPARTMENT OF THE INTERIOR,
BUREAU OF PENSIONS.
S.F. 11702
Washington, D. C., _____, 19_____
In reply to your request of _____, received _____ for a statement of the military history of Silas Miller a soldier of the REVOLUTIONARY WAR, you will find below the desired information as contained in his (or his widow's) application for pension on file in this Bureau.
   DATES OF ENLISTMENT OR APPOINTMENT. LENGTH OF SERVICE. RANK. OFFICERS UNDER WHOM SERVICE WAS RENDERED. STATE.   CAPTAIN. COLONEL.     June 1776 5 1/2 mos. Pvt Col. Chamberlain Cornelius Humphrey N.Y.   1777 to 1781 Served at various times 5 mos. Jonathan Miller ✓        
Battles engaged in, none stated
Residence of soldier at enlistment, Stine Partners, Dutchess Co. N.Y.
Date of application for pension, Feb. 11, 1832  He was at
Residence at date of application, Columbia, Herkimer County, N.Y.
Age at date of application, born in Feb. 1757 at St. Kingston, R.I.
Remarks:
(died Feb. 14, 1841)  Soldier lived at one time in Otsego County, N.Y.  There is no data on file as to his family and the above noted is the only soldier of this name found in the Rev. War Records of this Bureau.
Respectfully,
Commissioner.

Rev + 1812 War
Mrs. BENSON R. FROST ATTORNEY AND COUNSELLOR AT LAW 11 MARKET STREET POUGHKEEPSIE, N. Y. RHINEBECK, N. Y.
Rhinebeck, N. Y. - Dec. 13, 1936
Director of The Pension Bureau, Washington, D. C. -
Dear Sir: - I am trying very hard to find out something about 2 men who were pensioned as Revolutionary War soldiers. One was Peter Mills , who applied for a pension at Canadagua, N. Y. - Feb. 1, 1834. His pension number was S 10,042. The other was his brother only one Silas Mills, who applied for a pension at Herkimer, N. Y., Oct. 11, 1832. His pension number number was S 11,702. (I think these figures are correct)
I want to learn whatever the files show about these men. I think their war records have been found out, but no one knows the names of their wives or children.

BENSON R. FROST ATTORNEY AND COUNSELLOR AT LAW 11 MARKET STREET POUGHKEEPSIE, N. Y. RHINEBECK, N. Y.
or seemingly, anything about them after the granting of the pensions -
Could you tell me how long these pensions were paid, and to what addresses (or in whose care) their money and who signed their "vouchers" or receipts, was sent, and if at the times of their death, any of their relatives notified the bureau, or if any beneficiary was paid after their deaths, or anything at all?
I cannot tell you how grateful I will be for any information.
I enclose you a stamp for reply, and will you also tell me if there is any fee for this search?
Faithfully yours,
Elizabeth M c R. Frost
(Mrs. Benson R. Frost)
103 stamp enc
ret Dec 17