Revolutionary War Pension and Bounty Land Warrant Application File R. 11,377, Benjamin Wheeler, Mass.

SERVICE
NUMBER
Mass
Wheeler, Benjamin
R. 11,377
CONTENTS

Commonwealth of Massachusetts Suffolk ss
39
30/9
On this ten tenth day of February in the year of our Lord one thousand eight hundred and thirty nine personally appeared in Open Court before the Supreme Judicial Court of the said Commonwealth now sitting Benjamin Wheeler of the city of Boston in the County of Suffolk & Commonwealth of Massachusetts aged eighty years who being first duly sworn according to law doth on oath make the following declaration in order to obtain the benefit of the act of Congress passed June 7 th 1832. That on the tenth day of August 1778 he entered the service of the United States under Robert Lamb commissary of Hides in the capacity of a clerk upon the monthly wages of forty dollars per month - that he so remained until the twenty eighth day of February 1779 when his monthly pay was increased to the sum of one hundred and forty dollars per month. On the twenty third day of July 1779 he was appointed assistant commissary of Hides and continued to discharge the duties of that office until the thirty first day of March 1782 when the appointment was abolished. That as assistant commissary he was to receive the monthly pay of one hundred & forty dollars per month and two rations. The rations were received of Mr Isaac Richardson commissary of issues Esq r from Boston. That while he was clerk and assistant commissary as aforesaid he had the principal care control and management of the department in Boston - he kept the books - made out papers - made out and sent forward all the monthly returns of leather shoes Hides tallow and other articles which came under the charge of the department; that he made from

to head quarters to arrange liquidate & settle all accounts & business relating to the said department whereon he was engaged - that on such services and on other services which he performed while in the service of the United States he paid all fines & bridges free of cost as was the case with all the officers in the service of the United States - that he had also the right to exchange his horse for another at the public stables whenever any opportunity occurred - That in the month of October 1780 in particular this deponent travelled by order of said Robert Lamb to Philadelphia - to visit James Wilkinson Esquire then clothier general on business of the said department - that he then took with him the annexed letter signed Robert Lamb which is in the proper handwriting of the said Lamb - That as this deponent did not then succeed in finding the said Wilkinson the said letter remained and has ever since remained in the possession of this deponent - He now annexes the same hereto for the inspection of the commissioners of pensions and that the same may in some measure confirm his statement - This deponent further says that after the aforesaid department was abolished the books then of were taken into the possession of this deponent for the purpose of being settled and so remained for the space of six months or thereabouts - when they were delivered to Thomas Lamb the brother of the said Robert and this deponent hath not since known any thing in relation to them That this deponent in the year of our Lord one

Thousand seven hundred and eighty one presented to the Honorable the delegates of the United States of America in Congress assembled a petition in relation to his services and compensation in the said Office to which this deponent doth hereby refer - And this deponent further declares that he cannot now state at this distance of time, and at his advanced age whether or not his appointment to the aforesaid office of assistant commissary of Hides was made by any writing or commission - That if any such existed it has long since been lost or destroyed And this deponent says that during the time he held the said Office he was stationed at the Office of the commissary of Hides in Boston in the State of Massachusetts Bay ex- cept during such times as he was absent on journeys or business of the department - And this deponent further says that the said Robert Lamb died on or about the first day of October in the year of our Lord Eighteen hundred - Benjamin Wheeler
And the said Benjamin Wheeler hereby relinquishes every claim 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
Sworn to and subscribed the day & year aforesaid Benjamin Wheeler
Commonwealth of Massachusetts
Suffolk ss Supreme Judicial Court, Nov. Term 1838
And now on the eighteenth day of February A.D. 1839 appears in open court Benjamin Wheeler above named & makes solemn oath to the truth of the foregoing declara- tion by him subscribed
Attest, Geo. C. Wilde, Clerk

34822
Benjamin Wheeler Mass.
Commonwealth of Massachusetts Sussex Supreme Judicial Court November Term A.D. 1838. Continued by Adjournment to the 18 th day of February A.D. 1839
I Marcus Morton, the presiding Judge of said Supreme Judicial Court do hereby certify that the above applicant served as a revolutionary soldier in the manner above stated
Marcus Morton J. J. C.
I George C. Wilde Clerk of said Supreme Judicial Court do hereby certify, that the foregoing contains the original proceedings of the said court in the matter of the application of Benjamin Wheeler for a pension - And further certify that Marcus Morton above named is one of the Justices of said Supreme Judicial Court duly qualified to act in said office and that the above signature is the proper hand writing of said Judge
In Testimony whereof I have hereunto set my hand & affixed the seal of said Court the eighteenth day of February in the year of our Lord one thousand eight hundred and thirty nine.
Geo. C. Wilde, Clerk.

Power of Attorney
J. M. Skagen
B.
Claim suspended until evidence obtained that children are now living. See yrs decision 21 April 1848 & 17 March 1852.
Letter Edward G. Loring 20 Feb 1853 " do do 3 Mar. "

STATE OF Massachusetts COUNTY OF Suffolk } ss:
Be it known, that on this 15 th day of September A. D. eighteen hundred and fifty two , before the undersigned, a Justice of the Peace in and for the County and State aforesaid, personally appeared Benjamin Wheeler , a resident of Boston in said County, and made oath according to law, that he is a son of Benjamin Wheeler, deceased, who was a claimant for a pension for services performed by him during the war of the revolution.
that he is directly interested, as aforesaid, as a claimant, and makes this affidavit for the purpose of obtaining such arrears of Pension as may be due under any of the Laws, Regulations, or decisions that have been or may hereafter be adopted. The said Affiant further declares that he hereby constitutes and appoints J. M. Thayer to be Attorney and Agent to prosecute said claim, with power of substitution, to examine all papers and documents in relation to it, and to do all things necessary and lawful in the premises; except drawing the money, which will be hereafter provided for.
Sworn to and subscribed, the day and year aforesaid, before me, G. T. Bulfinch J. Peace.
Benjamin Wheeler
I, G. T. Bulfinch Justice of the Peace in and for the County and State aforesaid, do hereby certify that Benjamin Wheeler , above named, is a respectable resident of this County, and is, as I believe, directly interested in said claim as therein set forth, and acknowledges the above Power of Attorney to be his act and deed.
G. T. Bulfinch J. Peace.
In testimony that the above-named _____ was a Justice of the Peace in and for said County, at the date of the same, I hereby subscribe my name and affix the County Seal.
County Clerk.
Mr Cole will certify to the signature of Bulfinch

Commonwealth of Massachusetts. Suffolk County.
There is a certificate already filed showing Mr B. Fosdick as executor I Edward G. Loring, Judge of Probate for said County, hereby certify that satisfactory evidence has been exhibited to me, that Benjamin Wheeler, late of Boston, who was an applicant for a pension for services in the war of the Revolution, and who died in 1848 aged 90 years, left two children, and no more, viz: Betsey Fosdick and Benjamin Wheeler. — That the said Betsey died August 15, 1851, leaving two children, viz: Benjamin W. Fosdick and William B. Fosdick, both of whom are now living. — That the said Benjamin Wheeler, (last above named) died November 14, eighteen hundred fifty two, leaving a widow, Alice S. Wheeler, and seven children viz: George P. Wheeler, Mary Wheeler, Benjamin F. Wheeler, Theodore Wheeler, William A. Wheeler, Adelaide Wheeler ( and Alice S. Wheeler ) all of whom are now living. (Alice S. Wheeler died yesterday)
In testimony whereof I have hereunto affixed the Seal of the Probate Court for said County, this 16 th day of March 1853. E. G. Loring Judge of Probate.

Commonwealth of Massachusetts. Suffolk County I, William B. Fossick, a resident of the city of Boston, being duly sworn being duly sworn do depose and say: That I am the sole surviving executor of the estate of Ben- jamin Wheeler deceased, late of Boston aforesaid; That I have always understood and believe that the said Benjamin Wheeler was an Assistant Commissary of Hides under Robert Lamb in the Revolutionary War. - That in the year 1839 he applied for a pension for said services, and his application was filed in the Pension Office; That I conversed with said Wheeler at different times since 1839 in reference to his application for pension, and that the said Wheeler informed me he was somewhat discouraged by the answers received from the Pension Office to his said application, and having been at considerable expense in prosecuting the same, (having paid over fifty dollars for preparing his papers) he did not seem inclined to incur additional expense and trouble at his advanced age. - but he always claimed the pension as his right, and declared that the Pension Office had done him injustice in not allowing his claim in 1839. - That the said Wheeler believed his claim, fully made out at that time, and he did not know that he could do anything further

to meet the objections of the Pension Office - I have also heard the Said Wheeler at different times prior to 1839, and from my earliest recollection speak of his services during the Revolution As an Assistant Commissary of Hides. — I have found among the papers of the Said Wheeler, several relating to his service as Assistant Commissary of Hides, which I have handed over to J. M. Thayer, who is the duly authorized Attorney to prosecute the claim of the Said Wheeler. — Among the papers so delivered are those severally marked "A." "B." "C." "D." "E." &c. I would further state that he died June 2. 1848, that he left no widow, but left two children surviving him, and only two, viz: Benjamin Wheeler and Betsey Fosdick. That the Said Wheeler was about ninety years of age at the time of his death. It is desired that the pension certificate may be made payable to me as executor.
W m B Fosdick
Subscribed and duly sworn to before me, this fifteenth day of December, 1852. And I certify that the above named William B. Fosdick is well known to me, that he is a respectable resident of this city, and that full faith and credit should be given to his statements.
Asahel D. Parker & Justice of the Peace

Bryant Wheeler Esq
To David Fiske do
1839. Jan 8
Feb. 3 To sundry services in preparing statement to obtain pension from the Govt. of the United States, examining proofs and witnesses, and attending on several occasions before the Supreme Court in regard to the same $ 50
" 23. To cash, procuring Chit. of Supreme Court for his fees in relation to the above matter
2. 50 $ 52: 50
1844 Aug 12
Amount in full of all Accounts David Fiske

Boston Aug 6 th 1844
Benj. Whittier Esq. Dear Sir
Enclosed you have one small bill against you - By the settlement of it you will greatly oblige Yrs obt Serv t N. Dana & D. Dike

Rand & I c ISKE 52.50 c
Bu a Wheeler City
40 Boylston St
Providence
Rand & I c ISKE 52.50 c
Ames H. Fish Frenchmans $52.50 paid Aug. 12. 1844.

Commonwealth of Massachusetts.
Secretary's Office, Boston, December 16. 1852.
I hereby Certify, That at the date of the annexed attestation Murchius D. Barker was a Justice of the Peace for the County of Suffolk.
in the said Commonwealth, duly commissioned and constituted; and that to his acts and attestations, as such, full faith and credit are and ought to be given, in and out of Court.
In Testimony Whereof, I have hereunto affixed the Seal of the Commonwealth, the date above written.
Anna Walker Secretary of the Commonwealth.

Shep Decision of the Court affirmed by the Secretary of the In- terior - see decision in the  Myles Room. Let to J. A. Coombs July 11/53 Low from the Queen July 31/54 See Nat. July 3/57 Bureau April 24/53
1832

34822
Benjamin Wheeler Mass.
Lot 7 June 1832
Lot to A. H. Fiske 10 th
July 1839 —
same Aug 23: 39
Lot Secy Oct 9 1840.
Dec 3/1852.
Sec. Salem.
Mar 2/53.
(See over)

Lt & S. Loring Feb 23/53 Sam Morn 3? 1853 J. M. Thayer April 6/53 Sec. Interior, April 24/53

Additional evidence filed by me J. M. Shay

Chapachnutt Benj a Wheeler.
11377

Chas Henry Wheeler decision of the Commr confirmed by the Secretary The Interior - see decision in Col Miles
from Lt To G. G. Coombs 7 th May 33 " Hon Geo McQueen 31 st July " Secy of Interior 3 rd July Opinion April 24 th 1832
{ my 7 th June 1832. } N o 34822.

11.377
P. O. Benjamin Wheeler
Service: REJECTED
Enlisted: _____, 18
Discharged: _____, 18
Application filed: _____, 18
Alleges: _____ _____
Re-enlisted: _____ _____
Attorney: _____
P. O. _____ _____

Boston Aug. 19. 1839
Dear Sir
I send you enclosed another documents in regard to the application of Benjamin Wheeler for a pension. This I forward at his request
I am Yours most obed Servt
A. H. Hiske

Washington. D.C.
27 th July 1854.
Sir,
The Hon. John M c Queen has sent me the enclosed letter of Hon. R. B. Rhett, requesting that he may be furnished with a copy of the decision of the Secretary of the Interior in the Wheeler's case, (which decision excludes grandchildren from a distributive share of annuity, of Pension), and the law upon which it is founded.
Very respectfully,
Yrs. obedt. servt.
Charles H. Rhett.
Hon. L. P. Waldo.
Comm r of Pensions.

2 d Commission.
In the act of Congress of 23 d July 1779, organizing the War Department, the respective offices of Commissary of Hides , Assistant Commissary of Hides , and Clerk to Commissary of Hides , were established and the amount of pay fixed for each office. See Vol. 3 d page 328 . By virtue of the authority given by Congress in the above mentioned act, to the Board of War, the Commission annexed to this half sheet (which was the 2 d Commission ) was given to Robert Law, appointing him a Commissary of Hides in full , not an asst. Commissary as in the 1 st Commission . Under this 2 d Commission he was required to represent to the Board of War what Assistants and Clerks would be necessary in his District, and they would transmit appointments. He was not directed to "hire" Assistants as in the 1 st Commission .
J. M. T.

Boston Feb 18 th 1839 ✓
Henry L. Edwards Esq. Com. of Pensions
I enclose the application of Benjamin Wheeler for a pension - Will you be pleased to send me the certificate in the event of the papers being rejected and the proof sufficient - If there is any defect in either of these I will endeavor on being advised to supply the same if possible
I am with great respect
Yours most ob t Serv t .
A. N. Linske
5 Court Boston

(Copy)
Department of War Pension Office July 10 th 1859.
Sir
I have examined the claim of Benjamin Wheeler for a pension under the act of June 7, 1852, and have placed his papers upon our files. Why he did not apply at an earlier date does not appear.
The claim of Mrs Lamb the Widow of Robert Lamb, deceased, was presented at this office more than two years since, and a pension was granted to her. Mr Wheeler was at that time a witness in her behalf.
Mr Lamb it seems was duly appointed and Commissioned as an Assistant Commissary, with power, as expressed in his Commission to have such assistant labourers and teams as he might require. He certainly had no power to appoint an assistant Commissary. The presumption is therefore that Mr Wheeler, was engaged as a Clerk only, and as such

he would not be entitled under the law.
I am Respectfully Your O bt Serv t Signea D r L d Edwards Commissioner of Pensions
A. A. Fiske, Esq. 5 Court Street Boston }

I Samuel Dow of Boston in the County of Suffolk and Commonwealth of Massachusetts blacksmith the aged eighty five years and upwards do on oath depose testify and say that I first became acquainted with Benjamin Wheeler of said Boston in the year of our Lord one thousand seven hundred and seventy nine. I then lived in said Boston being near to the said Wheeler and have ever since that time lived near by the said Wheeler and have known him ever since - When I first became acquainted with said Wheeler he was an assistant in the Office of Robert Lamb Commissary of Hides - He remained in the Office of the said Lamb until the office of Commissary of Hides was abolished - I believe he was attached to that Office three years and upwards. I was blacksmith in the Continental Service and was stationed at Boston under Colonel Joby Hatches I was accustomed to shoe the horses for the officers of the army and do such other iron work as the public Service then required - My business brought me frequently in contact with said Wheeler and as we lived near each other I was very well acquainted with him - During the period he was attached to said Office I have a distinct and perfect recollection of shoeing a horse for the said Wheeler for which I received a written

order from Colonel Hatch which was as I recollect as follows: - Shoe a horse for Benjamin Wheeler the being bound to head quarters on public business: - This was signed either by John Rice or James Lovell Jr on behalf of Col Hatch and stated to be by his order = I had business with said Robert Lamb and settled accounts with him. I was acquainted with the handwriting of the said Lamb = I have examined the letter annexed to the application of said Wheeler for a pension dated Boston Oct 16 1780 and purporting to be signed by Robert Lamb Company Leader - I have no doubt the same is throughout in the handwriting of the said Robert. In order that said letter may be identified & known I have written my name at the foot thereof
Sam D. Dorr
Commonwealth of Massachusetts Suffolk ss. City of Boston February 9 th 1839
Then the above named Samuel Dorr ap- peared before me and having in my presence subscribed the foregoing affidavit made solemn oath in due form of law to the truth thereof Augustus H. Fiske Justice of the Peace within the City of Suffolk

Commonwealth of Massachusetts.
SUFFOLK ss.
I  George C. Wilde , a Clerk of the Supreme Judicial Court, for the County of Suffolk, do hereby certify that Augustus N. Fiske Esquire is a Justice of the Peace for the County of Suffolk that his commission bears date the sixteenth day of January A. D. 1839 and expires on the sixteenth day of January A. D. 1846 and that his signature above written, is his true and proper signature.
In witness whereof, I have set my hand and affixed the seal of said Court, this eighteenth day of February in the year of our Lord one thousand eight hundred and thirty nine
Geo. C. Wilde
, CLERK.

Boston Mar. 1. 1857.
Sir. In the pension case of Ben Wheeler deceased I know of my own knowledge nothing & certify to all the information I possess to - Since the receipt of your letter I have not been able to see the parties but on inquiry of others I learn that Mrs. Furdick & Benjamin - the children of Benjamin deceased - with her chil- dren living; in other words - grand children of Benjamin dec? - The chil- dren of Mrs. Furdick & B. Wheeler - are now living - I believe Mrs. Furdick is now living & B. to the best of my knowledge dead - very respectfully Yr. Obt. Servt. Edward G. Loring

Washington D.C. July 12 th 1858.
Sir
on the first day of Dec. last. the Commissioner of Pensions gave direction that the case of Benjamin Wheeler of Mass. an original applicant for a pension under the act of 3 rd June 1834. should be taken up for action. Since that time I have been unable to get any decision in the case.
I therefore appeal to the Secretary for a decision. and have respectfully to request early attention.
I have the honor to be very Respectfully Yours
J. M. Hays attys
Hon. A. H. Stuart Sec. of Interior

Commonwealth of Massachusetts.
Secretary's Office, Boston;
Dec 8 1852.
Sir:
Yours of 3 d instant requesting me to furnish "a copy of the Report in the case of Benjamin Wheeler who on the 13 th of January 1781 memorialized the General Court of Massachusetts in reference to compensation for his services as Clerk &c. in the office of Robert Lamb commissary of Hides, for that State" is at hand.
I have caused very diligent search to be made in this office but no such document can be found.
I have the honor to be
Very respectfully,
Your Ob st .
Amasa Walker,
Sec. of the Com th .
To Hon J. E. Heath Com r of Pensions Washington

Commonwealth of Massachusetts Suffolk County,
I, Augustus H. Fiske, having been duly sworn de- pose and say, that I was one of the Counsel employed by Benjamin Wheeler, late of Boston, about the year 1839 to prosecute his claim for a pension for services as an Assistant Commissary of Hides during the rev- olutionary War; - That after Carefully preparing his papers and presenting the evidences of his service, I re- ceived a letter in reply, containing the objections of the Pension Office to granting him a pension; this letter I handed to Mr. Wheeler, who appeared to think that although he had established the fact of his service, the objection to granting his pension was of such a nature that he could do nothing more to remove it, and accord- ingly made no farther effort. & That to the best of my knowledge and belief the said Wheeler always claimed a pension for his services as aforesaid.
Augustus H. Fiske
Subscribed and duly sworn to before me, this seventeenth day of December 1852, and I certify that the deponent is well known to me, and that he is & has been for many years a Counsellor at law in this County. He is a man of high standing in this city.
Lyman Mason Justice of the Peace for said Suffolk County.

Commonwealth of Massachusetts.
Secretary's Office, Boston, December 17 th 1882
I hereby Certify, That at the date of the attestation hereinafter, Lyman Wasm was a Justice of the Peace for the County of Suffolk
in the said Commonwealth, duly commissioned and constituted; and that to his acts and attestations, as such, full faith and credit are and ought to be given, in and out of Court.
In Testimony Whereof, I have hereunto affixed the Seal of the Commonwealth, the date above written.
Alpheus Walker Secretary of the Commonwealth.

Col. M. L. ... take in ... ..
...
Dec 1, 1852
...

Washington Nov. 20. 1875 Hon. Jas E. Heath Commr. of Pensions Sir
At the request of Mr. Thayer, I consent that the case of Benjamin Meeles, may, if you please, be examined prior to any claim represented by the
I have the honor to A. Thompson

Letter from The State Depart ment
Benjamin Wheeler

Department of State.
Washington Decr. 4 th 1852.
J. M. Shaeffer Esq.
Washington.
Sir.
In reply to your letter of the 8 th inst e in regard to the Revolutionary service of Benjamin Wheeler as Miss e Comm ee , I have to state, that owing to the limited extent of the Index to that department of the Washington Papers, and their irregular chronological arrangement, the only paper found , referring to the case is that of which the following is a true copy, from N o 42. Vol 8. p 233.
It is endorsed upon its back, "N o 14. Petition of Benj n Wheeler and others, May 24. 1781. Read June 26 ordered to lie on the table"; and in another place, "but in the same hand ordering, "Benj n Wheeler, Miss e Com ee of Hides."
I may add, that no confirmations by the Board of War, of nominations made to them, have been found during the examination.
I am Sir very respectfully

Your Obedient Servant Edward Everett Secretary
Extract where referred to.
To the Honble. the Delegates of the United States of America in Congress Assembled.
The petition of Benjamin Wheeler A. S. H. Humbly states that your petitioner on the 10 th of August 1778 entered the service of the United States under Robert Lamb Esq. Com r of Hides in Capacity of a Clerk receiving from the 10 th Augt aforesaid to the 28 th Feby 1779 at the rate of forty dollars per month from thence to the 23 rd July following one hundred and forty dollars per month when he was appointed Asst. Q. of Hides with an establishment of one hundred and forty dollars per month as a compensation for his service, on which footing he still continues to remain, would represent in particular, that from the 28 th Feb 1779 aforesaid he did not receive his pay until the 31 st July 1780 as will appear by return made to James Wilkinson Esq. Col. Genl. He further adds he has not received clothing agreeable to the Resolves of Congress as many other of the Staff Officers have done and your petitioner begs leave to represent, that by reason of the great depreciation, he has not by any means received the sums stipulated as a Compensation for his service in the Capacity before mentioned, and Therefore humbly prays your Honours would in your Wisdom and justice grant him an equivalent to compensate for the deficiency of pay occasioned by the

Deprecation, And as in duty bound shall ever Pray
Benjamin Wheeler A.G. 16
Boston May 24 th 1781."
Inverness. If Benjamin Wheeler had not been properly appointed as an Assistant of Hides under Robert Lamb or if the Board of War had refused to approve his appointment, would he have dared to have sent such a petition to Congress. Stating that he was appointed Asst Com y of Hides with an establishment of $140 per month and that he still continued to remain on that footing at the date of his petition, when by simply referring the petition to the Board of War, Congress would have detected the imposition and could Robert Lamb have kept a man in office nearly three years if the Board of War had disapproved of the appointment. Such an assumption is an absurdity. Lamb would have been dismissed the service for such a violation of law.

Certificate of birth proving death, kinship for administration Erectorship
C.

Commonwealth of Massachusetts, Suffolk County.
I Edward G. Loring Judge of Probate, in and for the said County, hereby certify that satisfactory evidence has been exhibited to me, that Benjamin Wheeler, late of Boston, in said County, who was an applicant for a pension, for his services as an Assistant Commissary during the Revolutionary War, died on the second day of June 1848, (eighteen hundred forty eight) that he left no widow, and that he left surviving him two children and no more, viz: Betsey Fosdick and Benjamin Wheeler, and that William B. Fosdick is the duly appointed and sole surviving executor of the last will of the said Benjamin Wheeler, deceased.
Witness my hand and the Seal of the Probate Court, this 15 th day of November, 1852. See Nos 1874
Edward G. Loring Judge of Probate
82 14 August 1851

W. Washington D.C., April 6, 1853.
J. M. Shayer
Appeals from decision of Comr. in the case of Benjamin Wheeler
Mr. Walter has the report of his opinion for modification calculated 25/53
✓ Susp d action title Shayer vs. Wheeler Resignation of Comr. Pension for report Revolutionary War
Dismissal of Ind. April 6, 1853.
Recd April 6, 1853.

Washington D.C. April 6 th 1863
Sir I appeal from the decision of the commissioner of Pensions in the case of Benjamin Wheeler of Mdsp, act 1 st June 1832. I claim that the Pension due to the claimant at the time of his death but not obtained by him, should be paid to the children living at his death.
Respectfully
J. M. Thayer, Attorney.
To the Secretary of the Interior,

Washington D.C. Sept 11 th 1854,
Sir
I herewith transmit the application of Benjamin Wheeler, for the pension due his late Father Benjamin Wheeler of Mass, act '32, and have to request attention to the same.
Respectfully
J. M. Hayer,
Commissioner of Pensions

Washington D.C. Feb. 26 th 1853
Sir:
The case of Benjamin Wheeler of Mass, in which I am the Attorney, has been before the Pension Office since the middle of September last. I have been for three months vainly asking for a decision.
On or about the middle of January I addressed a letter to you requesting that the case might receive attention. Having waited now till the 20 th of Feb. in vain, I have again respectfully to request that the case be acted on without further delay.
Secretary of the Interior
Respectfully J. M. Shayer

Sir - I am told that Ben Jamin Wheeler the son died a day or two before or a day or two after my certificate - that fact was stated to me a few days since by some one who called to know if you had written me - at the fact was not then known to me to be material. I took no special notice of it & I do not know the person stating it, nor do I know where to find him - my best recollection after statement is that Ben W. the son died a day or two days before my certificate
I do not know any way

of ascertaining the precise time of death of B Wheeler the son except from his immediate family & the only reference I can furnish for that is, to the Mrs. Folsicks whose name I believe is given in my certificates. but I have no memorandum of it very respectfully Yrs M. S. L. Edw. G. Loring Boston Mar. 5

1st Commission
The first commission  appointment hereto annexed shows that Robert Saule was appointed an assistant Commissary by General Timothy Pickering on the 29 th of July 1778. For the State of Massachusetts. Observe the language; he is appointed an "assistant Commissary" to receive all hides, tallow, &c. He was empowered to hire such assistants, laborers & teams as he might find necessary. It was this Commission that led the Pension Office to take the entirely erroneous view of the character of Saule's & Wheeler's true positions, which it did in its letter of 10 th July 1839. In that letter is the following language; "Mr Saule, it seems, was duly appointed and commissioned as an assistant Commissary, with powers, as expressed in his Commission, to hire such assistants, laborers, and teams as he might require (quoting the very language of the Commission hereto annexed) He certainly had no power to appoint an assistant Commissary. The presumption is therefore, that Mr

Wheeler was engaged as a clerk only." What is here stated in reference to the Commission of Lamb, and the absence of authority under it to appoint an Asst County I fully concede, for it refers to the first Commission hereto annexed given by Tim. Dickenning. In the petition of Wheeler which is attached to  filed in this case , he says he entered the service of under Robert Lamb on the 10 th of Aug. 1778, ten days subsequent to the date of the Commission above referred to, "in the capacity of a clerk". He has never claimed to have been an Asst County under that Commission of Lamb. But after the organization of the Hyde Department by Congress on the 23 d July 1779, Robert Lamb was appointed a County of Rides in full with powers to appoint an Asst County , and under this 2 d appointment, to which Benj. Wheeler, the claimant, was regularly appointed an Asst County . See the 2 d Commission of Lamb hereto annexed.
J. M. T.

The two Commissions of Robert Sault

In the adjudication of this claim, two things only, it seems, are necessary. 1 st Was the office of Assistant Commissioner of Hides established by law? It was. See act 23 rd July 1779. Vol 3 rd . Journals of Congress. page 328 etc before referred to.
2 nd Did Wheeler perform two years service in that capacity?
Yes. Lanne states in his letter to James Wilkinson, the blother General, that Wheeler is the only assistant he has had for upwards of two years.
It is also abundantly proven by other evidence on file. What more can be asked for? It is difficult to conceive of a case more completely and satisfactorily established.
J. M. Thayer, City

Washington D.C. Nov 17/52.
Sir
I herewith transmit additional evidence in the case of Benjamin Wheeler , of Boston, act H. for his service as Assistant Commissary of Rides in the Revolutionary war ; one of them being a letter addressed to Benjamin Wheeler, A. C. H. and signed by Robert Lamb, Commissary of Rides - the other being a petition addressed to the Gen. Court of Mass, dated Jan'y 18 th 1787 setting forth his service in that capacity.
In the original examination of this case, the Pension Office set out with a grave and material error, by stating that Robert Lamb was "duly appointed and commissioned as an Assistant Commissary " &c, Robert Lamb was appointed a Commissary of

Hides for Massachusetts for the Continental Army, and in all the papers filed in this case and in those herewith filed, he signs his name as "Comr. of Hides." Benjamin Wheeler held precisely the very rank in the Army, which the office assigns to Robert Lamb, in the letter of 10 th July 1839 viz: "Assistant Commissary of Hides." See papers already on file in this case, to P. L. S. 4, being papers from the Board of War, Treasury Board &c, all of which speak of Robert Lamb as "Comr. of Hides" and nowhere is he spoken of as assistant Commissary of Hides.
See Journals of Congress, July 23, 1779, Vol. III, page 328, wherein Congress regulated the Hides Department and recognized the respective offices of "Commissary of Hides" and "Assistant

Commissary of Hides" and regulates their pay, as stated in the petition of the said Benjamin Wheeler above referred to, which action of Congress has always been the basis of the action of the office in similar cases. See the case of Nicolas Arrowsmith of New Jersey, act 1832 admitted $600. per annum as Assistant Commissary of Hides.
I would also particularly call your attention to the letter already on file accompanying his original Declaration from Robert Lamb to James Wilkinson Brother Gen- eral, in which he says that Wheeler has been his Assistant for more than two years."
Very Respectfully Yours
J. M. Thayer,

Order 3 Nov 1 1780
Received at the Treasury Office on the Auditor Genl to return Accounts delivered in to that Place & Office for Settlement not settled for Reasons given in Report Rec from the Compt of Accounts
Nov 7 1780 see for parti- culars
[Faint mirrored handwriting from the reverse side of the page]

Treasury Office 6 th Novemr. 1780
Ordered
That the Auditor General refer the Accounts of Mr. Lamb Commissioner of Rides for the State of Massachusetts bay to some one of the Chambers of Accounts for immediate liquidation up to the Time General Wilkinson was appointed Commissioner General of Rides; and if it should so happen, that all the Commissioners should be engaged in the liquidation of Accounts, the Chamber to whom Mr. Lamb's Accounts are referred lay aside such Accounts & proceed on them
Extract from the Minutes
Signed John L. Richardson (the by order
Copy

22 Ord 89. Nov 1780
Received at the Treasury Office on the Auditor Gen
to refer Accounts to some one of the Chambers of Accounts for immediate Liquidation
No 7

Treasury Office November 8 th 1780
Ordered
That the Auditor General return to Mr. Robert Lamb Commissary of Hides for the State of Massachusetts Bay, his Accounts, to be by him exhibited to the Commissioners of Accounts at Hartford, to whom the necessary Vouchers are to be produced, agreeable to the Report of the Auditor General dated the 7 th instant, and that Mr. Lamb be furnished with a copy of the Report on his Accounts, to be by him produced to the Commissioners aforesaid with his Accounts.
Extract from the Minutes
Signed
W m Denning
By Order

Report Nov. 7. 1780 Made by the Commission of Accounts at Philadelphia respecting Accounts carried on to that Place for Settlement
No. 3

Chamber of Secy. No 1. Novem. 7 th 1780
The Commissioners Report
That they have examined the Secy. of Robt. Lamb Commy of Hides in Mafia bay referred to them the 6 th Instant and are of opinion that it cannot with propriety be settled in this office, no Secy. of Hides delivered him by the Commy. of Purchases having been exhibited, nor has he any Certificate to ascertain the quantity, they therefore recommend that it be settled by the Commissioners at Hartford, the business having been principally transacted in that district.
James Milligan Esq. Auditor General.
William Gove John D. Mercer,
Auditor Generals Office. Novem. 7 th 1780

I do certify to the Commissioners of the Board of Treasury, That I have examined the nature of the Acco ts and Vouchers of Robert Lamb mentioned in the above Report of the Commissioners of the Chamber of Accounts dated this day and am of opinion that in its present state, it cannot be finally liquidated here for the reasons set forth in the above Report, I submit the propriety of directing a settlement of it to be made by the Extra Chamber appointed to go to Hartford which appears to me proper.
James Milligan H g
Copy

Memoranda
On the base of Benjamin Wheeler, die -Mafs.-

Memoranda for the Commissioner;
Benjamin Wheeler's Claim under the act of June 7, 1832, for Service as an Assistant Com- -missary of Mtds was filed in February on the 10 th July 1839, for that year It was rejected for the reasons stated in the copy of a letter from this office dated July 10 th 1839. Ma- -rked A. Additional testimony was subsequently filed, but it was not deemed sufficient to remove the objections of this office, and the Agent, A. N. Dis- -ke, Esq. was so informed on the 25 th of August 1839. The claim remained on the suspended files until the 17 th of September 1852, when J. M. Thayer, Esq. filed the power of attorney, Marked B. from Benjamin Wh- -eeler, a son of the original Claimant, authorizing him to prosecute the claim. It is dated Septem- -ber 15 th 1852. On the 17 th of November 1852 Mr. Thayer filed additional testimony in the case, showing very conclusively, in my opinion, that the objections stated in the letter from the Pen- -sion office, dated July 10 th 1839, were not well founded; for, among that testimony was recorded

2 Evidence that Robert Scamb was Commissary of Mides, with full power to appoint an assistant. That Benjamin Wheeler was that assistant, and served as such for more than two years. It also appears that the widow of Robert Scamb had, since the date of the letter of July 10 th 1839 been pensioned for his services as a Commissary of Mides.
Mr Thayer also filed the papers marked C, D, F, E, — C is the Certificate of Edward Loring, Judge of Probate for Suffolk County, Mass. showing that Benjamin Wheeler, the original Claimant, died on the 2 nd of June 1828, that he left no widow; but left surviving him two children, Mrs Patsy Woodick and Benjamin Wheeler, and that William B. Woodick is the duly appointed and sole surviving executor of the said Benjamin Wheeler deceased. That Certificate is dated November 16 th 1852.
D. is an affidavit from William B. Woodick, the executor, stating the circumstances which prevented Benjamin Wheeler from further prosecuting his claim, and also referring to certain documentary evidence.

found among the old papers of Sarah Wheeler, and which were handed over to Mr Thayer. They embrace the testimony which shows Wheeler's rank and service. The affidavit is dated Decr 15 th 1852 .
Paper G. is an affidavit from J. H. Fiske Esq. the agent above referred to, confirming the statements of Woodcock. It is dated December 17. 1852 .
The last testimony filed by Mr Thayer, is the Certificate of Judge Severy, marked F. showing that Benjamin Wheeler, the original Claimant who died in June 1848, left two children and no more, viz: Betsey Woodcock and Benjamin Wheeler, that the said Betsey died August 15, 1851 , leaving two children both of whom are now living, and that the said Benjamin died November 14 th 1852 leaving a widow and seven children, all of whom are now living. There were therefore, no children of the original Claimant living at the date of the Certificate.

of 4 Indge Soring, dated November 16 th 1852, and marked B. The last Certificate of Indge Soring is dated March 12 th 1853.
The three admitted cases submitted, are cases in which arrears have been made payable to grand-children. Two of the cases were admitted by the undersigned under instructions; The other case was admitted by Captain Dripsett.
W. G. Dripsett 4 Clerk.
Pension Office April 4 th 1853

Benjamin Wheeler "suspended for further proof served in the Company Boston City Dept. Ins. Oct 14 th Set 1832
Boston Sept 27 1852
Isaac N. Coffin Esq.
Dear Sir
Your Circular of Sept 9 a came duly to hand concerning the pension claims of my Father
My Father has been dead about 4 years (he died at the age of 90 years) leaving 2 children myself & a Sister said Sister died one year since leaving 2 Sons & I of course am the only living Child I have been thus particular in the description of the Family & wish you to inform me whether it will be necessary for any one but myself to sign the power also who the claim belongs if case any should be recovered - I have often heard my Father speak of his having applied for a Claim on government he was a Sutler in the War of 76 under a Mr Lamb & was in active service as have often heard him relate of his traveling on Horse Back to & from Washington distributing Clothes &c to the Troops I should like to have you write me as regards what proof is necessary also the probable amount due & the prospects of obtaining it I have received another Circular on the same subject from your place but as yours was first I have made no reply to the

other one please write me as soon as convenient giving me all the particulars & if you think it advisable & there is a chance of obtaining the claim I will send you the Power of attorney annexed to your Circular
with Due Respect
I am
Your ob Serv
please adrep me to No 366 Fourth St South Boston
Benjamin Wheeler

July 27
add proof B. Miller
Oct 7 June, 1832.
Edwards Esq. Comt. of Pensions Washington D. C.

Boston July 22 d 1829
J. L. Edwards Esq Com ee of Pensions
Dear Sir
Your favor relative to the application of B. Wheeler for a pension has been received - I have exhibited the same to him & to his Special assistant. I now send enclosed four papers which he desires may be considered in connexion with his application - they relate to the settle d of accounts for which he states he made a full & fair disclosure.
I am Sir with great respect
To Mr. Hunt A. H. Fiske

Copy of Appointment 31 July 1778 - Rec from the Hon d Board of War at Philadelphia in miscel

1 st  copy Commission of Sarah To W m Robert Lamb
Assistant
You are hereby appointed Commissary to receive all hides tallow fat and Skins belonging to the United States within the State of Massachusetts Bay
And all Commissaries of Horses and all other Troops receiving Cattle Sheep and Swine to slaughter within your State for the use of the United States are required to deliver to You or your agents whom you shall authorize for the purpose, all the Hides, tallow, fat Skins, and lard of such Cattle Sheep and Swine on demand, at such place or places, as shall be best to prevent unnecessary expenses of transportation as You & the Com- missaries shall determine or in failure thereof as the officer commanding the Troops in Your State shall appoint.
The hides and Skins so received you are to cause to be care- fully dried and preserved; and to exchange the hides for Shoes & Leather at the customary rates. The leather to be fit for Shoes, cartridge boxes & other Leather accoutrements, & harness; the Skins with the wool may be exchanged for Stockings suitable for Soldiers. except such Sheep Skins, as shall be necessary for the department of the Commissary of military Stores to whom You are are empowered to deliver them accordingly.
The tallow and lard You will cause to be carefully tried or rendered and then deliver the same to the Commissary General of Purchases or his deputy, or their order, for the purpose of making Soap and Candles, for the use of the Troops or navy of the United States. As the hides skins and tallow soon spoil if neglected especially in warm weather, You will be careful to demand the same seasonably and cause them at once to be dried and rendered.
turn over

You are empowered to hire such assistants and labourers for the purposes before mention'd and such teams for transportation, as you shall find necessary: In the conduct of the whole business using all possible economy.
Once in three Months you shall make returns to this Board of all your transactions specifying the Number of hands employ'd and at what wages - the quantities of hides, Skins, tallow and lard received - the quantity of each delivered, and to whom and the quantities on hand. For all deliveries you will take proper receipts.
Such leather as is suitable therefor you will get made up into strong Shoes, taking care that a due proportion of them be large enough. The residue of the leather deliver to the commissary General of military stores & Quarters master General, or their orders respectively, for the use of their departments; unless otherwise order'd by this Board.
When from time to time you shall have collected considerable quantities of Shoes & Stockings, send them by careful conveyance to the main Army, directed to the deputy clothier there, except such quantities as shall be necessary for the Troops in the northern & Pickett Hill department, and for the delivery of which you shall receive orders from the General Officers then commanding.
By order of the Board
Boston 31: July 1778
Sam Sickening.

Copy from Copy - folio
Letter Sep r 12. 1781
to John M c roylan Esq re

CONGRESS
May 14 - 1777-
Resolved
XI. That the Quarter master General appoint such assistants and make such arrangements for conducting the business of his department as to him and the Commander in Chief and Commander of a department shall seem most conducive to the Public weal that a Copy of such arrangements specifying the names of the assistants Commissaries of Forage - waggon master - Forage masters - and Clerks of the several departments be transmitted to the Board of war. That every Assistant of the Quarter master General of the Army and every assistant of the Deputy Quarter master General of the several departments thereof shall make monthly returns of every article - of what kind soever that may be or at any of the Posts
(Seal)
By the Board of War & Ordinance of the United States of America To Robert Lamb Esq of the State of Massachusetts Bay - By virtue of the authority given us by Congress in the act of the 23 Instant my att herewith transmitted
Extract
You will represent to the Board what assistants and clerks will be necessary in your district & on being informed we will transmit appointments for such as we deem necessary

(C)
To the Honourable the Senate, & the Honourable the House of Representatives of the Commonwealth of the Massachusetts in General Court Assembled.
The Petition of Benjamin Wheeler prays!! 1. 24 may 81 erac!! ac'te
Humbly Sheweth
That Your Petitioner on the 10 th of Aug t 1778 entered the service of the united States ad. States, under Robert Saml Esq Com d of Slides, in Capacity of a Clerk, Receiving from the 10 th of Aug t aforesaid to the 23 rd Feb y 1779 at the rate of Forty Doll rs p r month, from thence to the 23 rd July (1779) following One Hundred & forty Doll rs p r month; when he was appointed Asst Com d of Slides with an Establishment of One hundred & forty Doll rs p r month as a Compensation for his service; on which footing he 24 may erac'd has, and still continues to remain. would represent in particular that from the 23 rd of Feb y 1779 aforsaid, he did not receive his pay untill the 31 st of July 1780, as will app r ar by Return made to James Wilson Esq r C lo Genl.; He further adds, he has not received Clothing agreeable to the Resolves of Congress as many other of the Staff Officers have done; And Your Petitioner begs leave to represent, that by reason of the great Depreciation he has not by any means received the sum's stipulated as a compensation for his service in the Capacity's before mentioned, and therefore humbly prays, Your Honors would in Your Wisdom, & Justice, grant him an Equivalent, to compensate for the deficiency of Pay caused by the Depreciation, and as in Duty bound shall ever Pray 24 May 1781  XX Benjamin Wheeler ac'te erac'd - 24 may
Boston January 13 1781
Boston May 24. 1781
copy to Congress

To the Hon ble the delegates of the United States of America in Congress Assembled
Ms. A. 9. 2. 10
Petition
Petition presented to the General Court Jan 7 1781 - 21 / not granted / cop 207 in B Miscel - 21
A
Petition

To John Moylan Esq r (P. - Sir
Copy
Boston Sep r 12. 1781
Copy from the file Letter Sep r 12. 1781 To John Moylan Esq r 
On my Return from Head Quarters received your favour of the 31 July Your desire to be acquainted with the situation of my Department & the Channel of my Business induces me to give you a general sketch of Both concisely & explicit as may be in the following Order —
 1. I was appointed Com d of Studies 31 July 1778.  2. no certain sum stipulated for the Pay of my Department until 23 July 1779 —  3. The sum stipulated for myself as Com d of Studies 300 Doll s p m I am ap d Com d etc. say Clark Clerk 
When my Assistant engaged with me I agreed that his pay should be forty Doll s p m month, 1 Ration & 20 Doll s p m month substance money, which was equal to Sixty Doll s p m month & One Ration Relative to the matter I rec d the Hon ble Board of War, 21 Decem r 1778.
Extract there, I have employed Mr o Benjamin Wheeler for an Asst t to give him Sixty Doll s p m month & further Relative to the pay for my Labourer there, V m Mr o Wadsworth Houghton, as a Labourer at forty Doll s p m .
The pay for said Assistant was to continue as p r my agreement until the Department was put upon a proper footing & what ever it was then stipulated he should be entitled to receive In consequence of my agreement I paid him as will appear by Return to the Hon ble Board of War & the Gen l for your inspection the extract from said Return thus.
  30 Nov r 8 months & 2/3 p m from 10 Aug t 1778 at 18  £66    1779 28 Feb y 3 1/2  18 54  
In consequence of the daily depreciation wrote to the Hon ble Board of War Relative to his pay as will appear in Letter bearing date 21 Oct r 1779.
14 22 in

Extract this, I have paid him up to the 28 Feb y since which he has declined taking the pay I agreed for in expectation of some further consideration but that matter he is, entirely willing to leave to your Generosity.
But not being able to reserve for myself pay him as it became due some times entirely out of cash some times very short & at other times obliged to advance being entirely out at the same time daily expecting that I should have some direction how to proceed relative to the making up the depreciation to my Department cause the next payment with him & the first for myself to be put off until July 1780 agreeable to Return to James Wilkinson Esq r for said month.
When circumstances made it necessary I employed two Assistants but the greater part of the time had only one and a Labourer.
The Assistant I employed occasionally as Mr. George Lupton when I agreed with him I promised him pay agreeable to the Resolves of Congress of the 28 th July 1779 & his Depreciation when I received it as at that time some of the Officers on the Staff had received theirs & with propriety we reasonably supposed in a little time the whole of the Staff would be made up.
But to our disappointment it was not the case, only to part of them for what Reason I know not my Department was one which did not receive, notwithstanding I petitioned twice to our General Court for that purpose.
These intricate circumstances in consequence of the rapid Depreciation of our Currency I submit to your perusal.

And proceed to answer in particular as follows,
1. An accurate State of the Debts you owe up to the 1 st may 1781.
Answer not any exclusive of the pay of my Department and a few others which cannot at present ascertain,
2. Specifying the sums that may remain due to you for wages.
Answer would refer you to my separate estimate and with this.
3. And the several Expenditures of your Department.
A. Already included in monthly Returns sent on with the above captions & the monthly Returns included in Extract from Gen l Returns which I now send you.
4. Giving for any monies &c which you may have received.
A. All monies rec d given for included in Return above.
5. Also an estimate of the monies you will want for the purpose of carrying on your Business untill the 1 st of November next.
A. I conceive you have reference to supplies in paper currency if so at present no paper cash circulates in this State except our own state money & that answers no other purpose but to pay Taxes of consequence that will likewise stop soon. — As the last Rec d is intended on purpose to draw the whole of it in. But on the contrary if you have reference to supplies in hard cash I doubt not but I can purchase a Thousand pair p r month at least of Snivels & Officers. Show the proportion & sizes agreeable to Your instruction.
The Snivels at 75 c p r pair.
Officers at . . . 12 s .
6. The other Expenditures will be the monthly sallary of my Department for myself.
One Assistant.
One Labourer & one Assistant more if
should have a supply of Hides from Ganges.

which if transferred to Springfield by the Return Teams as the 2000 was that I received by order of Genl Wilkinson The expenditures on my part will be only the traveling charges & a trifle for incidental expenses as above stated.
Or if it should so happen that they might be put under care of one or more conductors who may have the command of Return Teams to Springfield. It will save my employing one assistant extraordinary.
As on my part am obliged to receive 1-2 or 3000 Hides at Springfield & if not damaged in curing etc, make no doubt but I can exchange them for good privates shoes at 25¢ Hide per pair & Officers fine well made at 36¢ per pair. The size & proportion (of each) agreeable to your instructions at least 500 per month if 1000 Hides furnished & 1000 per month if 2 or 3000.
I am your obedient Servant
Robert Lamb Comf Hides
13 No Books sent on from my Department.
I find it at present more advantageous to exchange Hides for Leather & the Leather for shoes than to exchange the Hides for shoes as it will save the expense of labourers to dry the Hides the tanners are ready & willing to exchange their leather for Hides & the shoe makers their shoes for leather.
The exchange I make for leather is as follows vizt
5 1/2 Hides for 1 cwt leather.
6 " do. for 1 cwt neat do from the Tan.
The neat leather Hides weigh about 18 or 19 from the Tan I give 20 green Hides for tanning a neat leather Hide which after it is cured I exchange for 6 pair shoes. The exchange of sole leather is from 4 1/2 to 5 Hides per pair.
(end of this letter)

2 d Commission of Law. Copy " Original
By the Board of War & Ordnance of the United States of America.
To Robert Saml Esq r of the State of Massachusetts Bay
By Virtue of the Authority given us by Congress in their Act of the 23 instant herewith transmitted, you are hereby Appointed Commissary of Hides for the State of Massachusetts Bay
You will proceed imme- diately in the faithfull & diligent discharge of that duty as pointed out in the following Instructions & such others as the Board may from time to time think proper to give you. You will correspond from time to time with this Board & the Clothier General informing us & him of all material transactions in your Department.
From him you will receive monies as the exigencies of your Business require them keeping an exact Account of your Expenditures & settling your accounts at least once a Year with the Commissioners of Accounts. You will make regular Returns at least Quarterly to the Clothier General agreeably to the directions of Congress. In all Cases of difficulty you will consult the Board & on common occasions take the Advice & Instructions of the Clothier General. We would particularly recommend to you the strictest Attention to Oeconomy in your Expenditures, as in the present Situation of our Affairs much depends on this
You are to receive all Raw Hides as well of Neat Cattle including Calves as of Sheep killed for the use of the Troops belonging to the United States within your district & have them well dried & cured & exchange the same under the following Proportions as to Sheep Skins either for Shoes or Leather at the customary rates of Exchange. So many of the Sheep Skins as are necessary are to be furnished the Com- missary General or the Field Commissary of Military Stores or their Deputies, for the use of their Departments when you shall be by them required to deliver them
If you can get the residue, or any part thereof made into Parchment for Drum heads - let it be done & the Parchment delivered to the Commissary General or Field Commissary

of Military Stores than by order or their order.
Such as are not disposed of in the manner above mentioned you are to Exchange with the Wool for Leather or Shoes, or make sale thereof for the Benefit of the United States according to circumstances.
We would wherever it is practicable prefer the immediate Exchange for Shoes which in all cases let be well made & Substantial as much loss has heretofore accrued by the insufficiency of many of the Shoes supplied the Troops — The Leather so obtained you will have worked up into Shoes & deliver them to the Clothier General, or his Order taking duplicate Receipts one whereof you will transmit to the Treasury Board — All Scraps or parts of Leather proper for mending the Soldier's Shoes or fit for making Caps agreeable to a pattern we will furnish, you will have carefully preserved to be disposed of as shall be hereafter directed.
When you shall be of Opinion that Exchanges cannot be made on reasonable or convenient terms, you will contract with Persons to Tan the Hides coming into your Possession on the best Terms possible, — But put no Hides out to Tan, except in cases of absolute Necessity... As not only great delays in getting the Leather but many Impositions are practiced by persons having Hides to Tan for the Public — You are hereby authorized to receive from all Persons either acting under the old Department or by any means having Possession of Hides or Leather belonging to the United States within your district, all such Hides & Leather, transmitting Accounts of what you shall receive to the Clothier General & disposing thereof agreeable to the foregoing directions.
If you can procure more Shoes to be made within your district than can be procured produced out of the Leather belonging to the United States in your Hands, or if you should have more of one Species of Leather than of another you are hereby authorized to purchase Leather on the most Reasonable terms for which it can be procured either for supplying the deficiency or for delivering out to Workmen to be worked up into Shoes, and as we fear with all our exertions that we shall be able to procure but a bare sufficiency of the necessary Article, You are hereby authorized to purchase good Substantial Shoes for the use of the Army.
In your purchase of Leather or Shoes you will confine yourself to your own district as many inconveniences will arise from extending your Business beyond the limits thereof.

You will observe as to the Tallow & the directions of Congress contained in their Resolutions of the 11th October 1777 in the words following
„Resolved, That the Commissary General of Stores his „deputies & assistants, and all persons employed under him or them „deliver over on demand to the commissary of Hides, all Hides, „Tallow fat & offal, of all cattle killed for the use of the Army „taking a Receipt for the same: any order or direction of any Person „or Persons to the contrary notwithstanding.“
„That the said Commissary of Hides „shall receive and take care of the Tallow & all other unfull „Offal of the Cattle belonging to the United States, and see that „the said Tallow is properly Rendered and made fit to be manufactur- „ed into Candles & soap for the use of the Army, and shall deliver „the said Tallow so rendered to the Comf. Genl of Purchs. or his „order taking Rec d for the same receiving so much of the „said Tallow as may be necessary for the manufactur y of the „Leather, and the use of his own department.“
„In addition to this we recommend „to you to procure as much Oil as possible from the Feet „of the Cattle for the purpose of cur ing Leather, When the Army is „in your Neighbourhood the Superintendent of Cattle will „see that the Hides & Tallow are seasonably delivered to you „by the Comms rs acting with the Army“
You will represent to the Board what Apps ls & Quirks will be necessary in your district & on being informed we will transmit appointments for such as we deem necessary — As by the Regulations of the Clothing Department it is recommended to the Governments of the respective States to purchase Clothing for the Troops of their several Quotas and as no doubt Shoes will be directed to be purch d in consequence of this Recommendation we desire you will consult with the Executive Powers of the State of Massachusetts Bay

on this Subject & a proper Harmony with them in this and every other part of your business, so that no clashing may happen & the prices of the Art be raised by a Competition of Purchasers. — You will have the Weight of the Hide when green cut on the Buttock thereof, And when you are obliged to put Hides out to Tan, You will provide a Stamp or Brand with the Letters U.S., for marking such Hides before delivering to the Tanners on the grain side, so that the same may be distinguished when tanned as Continental Property and prevent imposture in substituting inferior Hides for those belonging to the United States. You will also have entered in the receipts for Hides put to Tan their weight as well as their marks & the number of them. There have been such impositions in the Shoes supplied for the Army, we add this further direction that each individual pair be carefully examined in every part for the purpose of discovering Frauds. There are, generally, in putting in bad Leather, cutting the Pannels low the Vamps short, almost cutting thro', the soles in hollowing the Heel bad sewing, particularly the upper Leather to the inner sole, which being out of sight few Stitches are taken & they presently come to pieces. We would have the Shoes made with a full proportion of large ones the lasters high & rather stiff, & fitting close about the foot and the sole even throughout. You are also to stamp your name on the Outside of the Soles of all Shoes procured by you.
You will in every hundred pairs of Shoes either made or bought procure eight pair / and no more / fit for Officers .. as much perplexity & loss have arisen in the Business from the variety of Persons heretofore employed in making Exchanges, & the many orders on the Commissaries for the delivery of Hides; and as we deem you and your assistants fully competent to manage the whole Business within your district, you are hereby strictly forbidden to answer any such orders given after your Receipt of these Instructions, unless they are issued by the Authority of the Commander in Chief.
As there will be no Continental Agents to interfere with you in your district, & the whole Business is committed to your care, we expect your utmost Exertions will be used in procuring immediate & constant supplies of Shoes for the use of the Troops, who without great diligence in the Commissaries of Hides we fear will greatly suffer.
Given at the War Office the fifth Day of Aug t Anno Domini 1779 & in the fourth Year of our Independence.
By order of the Board
Richard Peters.

Recd fifty hides as mentioned within weighing thirty one hundred & forty thirty pounds
James Humphrey
J. H. Humphrey Nov. 17
(10)
See Burt's Oct. 1738

B Lamb. 2 nd Oct 16. 1780 To the Hon ble Board of War. Rel to the rent on your settlement etc 14
I am Gentleman your obed t serv t M c Servant Rob t Lamb

To the Board of War, Boston Oct 16 1780
Gentlemen
I have wrote you time after time in regard of the Business under my Direction & for several months past have not had an answer, nor a line from you than your now now Gentlemen as I have had a considerable Sateisquing Business this Summer in removing Hides from Camp in order for Exchange & am now destitute of money to carry on your Business hope that if the Bears of this who I now send on with my accounts in order for settlement meets with your approbation, that you will see that I may be Supplied with money to carry on the Business or to give me a give me a warrant on the Treasury here for Cash or orders to sell part of the whole or the whole of the tallow that is on hand under my Direction as I am now that I may be enabled to do the Business allotted me by the Genl Wilkinson who informs me that he Shant be able to furnish any Cash to carry it on, & likewise Gentlemen as I have served you better than two years & have never yet received any compensation either in Cash or clothing then hope that you will if my service of my Department deserves any you send me an order for the same that is due to my as assistant according to the Resolves of Congress to the Staff to the same

In the foregoing he asks for cash and clothing for himself and assistant. Should he have applied to the Board of War for money and clothing for his assistant if that assistant had not been recognized by the Board of War, or rather if the Board had refused to approve of his appointment? In the letter of Lamb on file attached to the Declaration, and bearing the same date as the foregoing, addressed to James Wilkinson Esq. Genl. he says Wheeler has been his assistant for more than two years. By the act of Congress of 25 th July 1779. the office of Assistant Q.M. is established.
Sir
Boston Decem r 2. 1780
I have to deliver to W m James Humphreys or his order Fifty green Hides By order and in behalf of Robert Lamb Esq. Com d of Hides
50 Hides Benjamin Wheeler jun r
Joseph Ruggles Esq.
Upon the above order the Hides were delivered see the other side.
Boston Jan y 1. 1781
Received of Benjamin Wheeler jun r Fifty four Pounds weight of Sole Leather in full for twelve Pair of m t cal. Skin Shoes.
12 Pair
54 Pound Sole Leather
amt 62.00

I am gentlemen your obedient & very Hb le Servant Rob t Lramb
14 in presence of W. R. Del to the Hon to the Hon. Board of 18 Oct 16. 1780 B Lamb.

Copy of Letter Oct 16 th 1780 from R Lamb to H on to Ja s Wilkinson Esq r 15

Is James Wilkinson Esq Brother General Sir
Boston Oct. 16 1780
I have wrote several letters but have had no answer nor a line from you this some time, I now send you my Return for Sept by Mr Wheeler the Bearer of this who has my Accounts in order for settlement, if you have the settlement should be extremely glad that he may be despatched as soon as possible, if not that you assist him in getting them through as he is the only Assistant I now have who has been with me above two years & never yet received any compensation in Clothing no more than my self which is very hard as our pay for the whole two years will scarcely purchase a suit of clothes therefore Sir I should be very glad of your Influence with the Board of War in obtaining an order for the Clothing that is due to myself & Mr Wheeler according to the Resolve of Congress to the Staff & likewise in getting some Cash or a warrant on the treasury here for Cash to carry on the tasks Business of my District as I am now destitute & the Business must suffer for want thereof
I am Sir your Obedient & very Hb le Servant Rob t Saml Comp d Master
Dear Sir

To James Knapp.
How, could Commissary Saurle have asked James Wilkinson, Cloth. Genl. to go before the Board of War, and exert his influence to procure an order for the clothing that was due to his assistant Mr Wheeler, as well as himself, if the Board of War had not refused to recognize the appointment of Wheeler as asst. Commissary under Saurle? The question carries its own answer, and does not admit of a doubt.
Copy of

Billet or L tr Dec 3 1784 to Robert Lamb Esq r 27

Decr. 3. 1781
My situation at present will not conveniently admit of Proceeding any further with your accounts than the Inclosed Return which is a sketch of the Proportion transacted made up agreeable to your desire with which one of the Genl. Returns to the 31 July 1781 - will very nearly give Mr Moylan an Idea of your transaction. Yours &c A. Wheeler
B- Here is the Provision Return for the month of November 43/2 of the Bal. I have received which is 13/6 more than my due - the Bal. to be deducted from the Bal. due to me from Mr Ruggles Mr R. Lash
22 85 10

Blank Minutes. Set to continuing in the Journal Dec 1781 28 Extract copied mine PS
(E)

Additional Evidence in the case of Benj. Wheeler.

Friday Dec 19 1901 I will examine the account this afternoon if I feel to to be tolerable —
Did the lad bring you the monthly Returns for Mr Moylan & likewise the Provision Return for Mr Richardson
Have you made any agreement with Mr Moylan Relative to Purchase ing of Show respectfully yours
Rob Lamb 208 R Benjamin Wheeler
I should be glad if you would if possible, that is, examining the account as Mr Loyde goes away tomorrow shall be glad to write Mr Pheasant desiring him to send them to them Newburgh as it is much nearer than here.
I have received & delivered the returns to Mr Moylan & he is gone. I have made no agreement with him as it is out of my power without half the money sent me. He pays me down at 60¢ a pair which he can't do at present, he requests me to continue & likewise you too till I hear from him as he is determined to have the Department abolish ed or established as soon as possible on his arrival at Philadelphia.
Lamb, it seems, wrote his reply to Wheeler's note on the same slip of paper under Wheeler's signature and returned it to him. Absent, Lamb writes to Wheeler that Mr Moylan, the Clothier General, wished him Lamb, to continue in his office, "and likewise you too," that is, Wheeler, fully recognising him in the office to which Lamb

The following note seems to refer to the foregoing.

Letter July 18 th . from Robert Lamb Esq. B.
A
18 th July 1880

(A 1 )
Springfield July 17 th 1780
Sir
I have to inform you that I am still at Springfield & don't expect to go any farther at present as Mr Lusk is gone after the Hides & I shall tarry here to receive the Hides as they come in I have received better than four hundred & expect as many more to morrow or next day they are in very good order they kill 3 or 4 here every day for the troops that pass through here I have conversed with the Committee of our court that are here who inform me that they have orders to purchase Beef in this State for 30000 men this whole Campaign & that Baker Phelps & Bruggles will put up a very large quantity of Beef this fall & that the Hides & tallow is to be delivered over to me they say they will give me timely notice when it will be the thing will be that I may govern myself accordingly they are three exceedingly pretty Gentlemen they have the whole management of purchasing the cattle horses & forage & direction of the troops of this State No person could have done better than George has done nor with more expedition he got the whole of the Hides to Gloucester & then to Barrington where the Quarter master receives them & sends them on to Col. Smith here who delivers them to me & he has furnished me with a grand store which will hold the whole I wish Col. Chase was half so spirited our public affairs would go on ten times as well as they

as they do if you should receive any thing material from Philadelphia you'll write me the first opportunity let Mr Lamb know that I am well. I don't expect to be at home till next week if then but as soon as I can having nothing further remain yours to serve
Benjamin Wheeler Junr. Robert Lamb Esq. Wisc. Boston Abt.
Letter July 10 from Robert Lamb Esq. Wisc.
A

Letter Nov. 1. 1780
(from) The Hon d Board of War at Philadelphia to the Hon d . The Treasury Board at that Place Respecting the settlement of Accounts carried on for Settlement for Result see the Report made by the Commissioners of Accounts 7 Nov. 1780
No. 1.

15/6
Board of War November 1-1700 requesting the Settlement of the Accounts in the Commissary of Stores Department for the State of Massachusetts as speedy as may be for reasons urged
Nov r 6 th 1780 Treas y Board Ordered to the Aud t General with Mr. Lamb's Accounts

had appointed him.
Gentlemen
War Office Nov 1. 1780
The Bearer is just by Mr Lamb Commission of Quarters for the State of Massachusetts to settle the Accounts of that Department. If the Commissioners of Accounts which who are to reside at Hartford, had been at that place it is concieved they would be the proper Persons to settle these Accounts. If the Gentlemen are in Philadelphia would it not be best for them now to take the Matter up? The Allowance made to the Commissioners of Quarters is three hundred Dollars per Month, & three Rations a day value of Day agreed to the Subsistence established for the Officers in the Army. The Bearer is at the public Expense, & therefore we beg you will be pleased to give Directions about the speedy Settlement of his Accounts. It is deemed right that the reasonable travelling Expenses of the Officers of the Department should be borne by the public.
I have the Honor to be very respectfully your obed Serv
Richard Peters
21 Bokeh 499 Board
That Mr Wheeler is the bearer referred to above is evident from the letter sent by Robert Saml to James Wilkinson, Q.M. Genl. dated Boston Oct. 15 th 1780. which letter is on file attached to Wheeler's Declaration, in which Saml says. "Mr Wheeler, the bearer has his accounts in order for settlement" and also by the following letter from Saml to the Board of War. The official of Wheeler is clearly recognized in the foregoing
Humble The Treasury Board

To the Honorable the Senate and the Honorable the House of Representatives of the Com- monwealth of Massachusetts in General Court as- sembled.
The Petition of Robert Lamb Humbly Sheweth
That your petitioner was appointed as Commissary of Hides 31 July 1778, with no certain sum stipulated as a compensation for his service until the 23 July 1779. The establishment then was affixed, at three hundred Dollars per month, which salary he did not receive until the 31 July 1780, as will appear by Return made to James Wilkinson Esq. Bldg r Genl. He further adds that he has not received clothing agreeable to the Resolves of Congress, nor any compensation in money exclusive of his pay agreeable to the Establishment as some other of the Staff Officers have done. And your petitioner begs leave to represent, that by reason of the great de- preciation, he has not by any means received the sum stipulated as a compensation for his service in the Department he has sustained. And therefore humbly prays your Honors would in your wisdom and justice grant him an equivalent, to compensate for the deficiency of pay, occasioned by the deprecia- tion, and as in duty bound shall ever pray &c.
Boston April 1781
Robert Lamb,
Secretary's Office. Boston Dec. 17. 1852
I certify the above to be a true Copy of the Original on file in this department, and that it does not appear any further action was had upon it by the Legislature.
Witness the Seal of the Commonwealth the date last above written
Maria Walker Treasurer
Secretary of the Commonwealth

Robert Lamb
Petition
Capt. Bancroft and others
Ordered to lie

To the Honorable the Senate and the Honorable the House of Representatives of the Commonwealth of Massachusetts in General Court assembled
The Petition of Benjamin Wheeler Junr. Humbly Sheweth
That your petitioner on the 10 of Aug st 1778 entered the service of the State under Robert Lamb Esq r Commissary of Hides, in capacity of a Clerk, receiving from the 10 of Aug st aforesaid to the 28 Feb. 1779. at the rate of Forty Dollars per month, from thence to the 23 July following, One Hundred and Forty Dollars per month; when he was appointed Asst t Commissary of Hides, with an establishment of One Hundred and Forty Dollars per month as a compensation for his service, on which footing he has, and still continues to remain— would represent in particular, that from the 28 Feb. 1779 aforesaid, he did not receive his pay until the 31 July 1780, as will appear, by Return made to Janus Wilkinson Esq r Colo r the Gen l . He further adds, he has not received clothing agreeable to the Resolves of Congress, as many other of the Staff Officers have done; And your petitioner begs leave to represent, that by reason of the great depreciation, he has not by any means received the sums stipulated as a compensation for his service in the capacities before mentioned, and therefore humbly prays, your Honors would, in your wisdom and justice, grant him an equivalent to compensate for the deficiency of pay occasioned by the depreciation, and as in duty bound shall ever pray &c,
Boston April 1781
Benjamin Wheeler Junr.
James Owen

Benjamin Wheeler's Petition
Capt: Bancroft and others Ordered to lie
Secretary's Office Boston Dec: 17. 1852
I certify the within petition to be a true copy of the original on file in this department; - And that it does not appear, any further action was had upon it by the Legislature.
Witness the Seal of the Commonwealth the date last above written.
Marius Walker Secretary of the Commonwealth
It is thus seen, that both petitions were treated just alike. (Samuel & Wheeler) and that both were asking for the same things, that is, their pay and clothing. Samuel had received nothing more than Wheeler had.
copy of Petitions.