Revolutionary War Pension and Bounty Land Warrant Application File S. 23,067, Benjamin Wheaton, New York

SERVICE
NUMBER
New York
Wheaton Benjamin
S 23067
CONTENTS

Joel Wheeler 22 d Apr. 18
New-York (A.) 31.496.
Benjamin Wheaton Delaware Co in the State of N. York who was a Cap. & pri. in the company commanded by Captain Young of the regt. commanded by Col. Willett in the N. York line for 19 mos. & 12 days Cap. & pri.
Inscribed on the Roll of New-York (A.) at the rate of 67 Dollars 12 Cents per annum, to commence on the 4th day of March, 1834.
Certificate of Pension issued the 11 th day of June 1838. A. G. Parker, Delhi, N. York, and sup't B. H. Br.
Arrears to the 4th of March, 1838 = $469.84. Semi-annual allowance ending 4 Sept. " 33.56
$503.40
{ Revolutionary Claim, { Act June 7, 1832. }
Recorded by S. B. Elliott Clerk Book 62 Vol. 4 Page 82.

Benjamin Wheaton
14731
Col Willett Capt Young
Admitted
Corporal 70th aug $27.12 Private 12 mo 40- $67.12
Hwy A. J. Parker Delhi New York

State of New York, } Delaware County }
On the eighth day of October in the year 1832 personally appeared in Open Court before the Judges of the Court of Common Pleas in and for the said County of Delaware now sitting Benjamin Wheaton resident of the Town of Masonville in the County of Delaware and State of New York aged seventy two years who being first duly sworn according to law doth on his Oath make the following Declaration in order to obtain the Benefit of the Act of Congress passed the 7 th of June 1832 - That he entered the service of the United States under the following named Officers and Served as herein stated That in the fall of the year 1776 at Horse Neck in Connecticut he took the place of David Dink as his substitute for one Month in Col d Thomas Thomas's Regiment Militia that they went to White Plains and they remained there as guard until said Month expired - and then at the same time and place he Enlisted into the service for six months and was Employed in guarding the Teams and Baggage and continued in the service until April 1777 - when he again Enlisted at White Plains as a private Soldier for the term of one year in the Company commanded by Capt d Richard Sackett - the Lieut s names were F. Stephens and W. Carpenter in Col d Grahams Regiment of the New York Troops - that he was employed in various places about White Plains on the lines and on the North River until September following when he was ordered out to assist in building bridges and guarding them - and in the Spring of 1778 he thinks the 6 th of April when he was discharged at Pockes Hill and went home to Horse Neck - that he then Engaged as a Volunteer for three Months in the Summer of 1778 to guard the lines and served the said term on the lines as scouting parties - that in the Spring of the year 1782 he Enlisted at Green Bush opposite the City of Albany for nine Months in the Company commanded by Capt d Youngs and afterwards by Capt d Gillett in the Regiment commanded by Col d Willes New York State Troops - and went with said Reg t up the Mohawk River to Fort Plain - Fort Dayton & to Fort Herkimer and was ordered to various places from one post to another on the Frontier and in Expeditions against the Indians through that Campaign and was discharged at Fort Herkimer by Capt d Gillett about the 20 th of December following - to wit in 1782 - that his said discharge was lost long ago - that he has now no Documentary Evidence and knows of no person other than himself he can procure to prove his said Service that he hereby Relinquishes every Claim whatever to a pension

or Annuity and declares that his name is not on the pension rolls of the Agency of any State — Given to the undersigned the day of year aforesaid 2 G. B. Sheldon Clerk. Benj. Wheaton
The Interrogatories prescribed by the War Department being then put by the Court to the said applicant under Oath — to which he gave the following Answers on his said Examination to wit — That he supposes he was born at Horse Neck in the State of Connecticut in the year 1760 — That he has no record of his Age but Traditionary Information That he lived at Horse Neck when first called into the Service — and at Green Brook the last time — That after the war he lived in various places in the State of New York — 10 or 12 years in Matilda in Otsego County and the last 25 years he has lived in Masons Hill in Delaware County where he now resides — That he entered the Service as a Substitute once in the place of David Peak — and by Enlistment twice & Volunteer once — That he had a discharge but has not seen it this 20 years it is lost — That he refers the Court to Davies Smith Esq m Sylvester Smith Esq m Capt. Theodore Warham Waller Esq m who reside in the Neighborhood and are acquainted with him and can testify as to his Character for veracity &c.
We Henry Butterfield, and Abijah H. Beach do hereby certify that we are well acquainted with Benjamin Wheaton who has subsenated and sworn to the above Declaration — that we believe him to be seventy two years of Age and that he is reputed and believed in the Neighborhood where he resides to have been a Soldier in the Revolution and that we concur in that Opinion — Given to the undersigned the day of year aforesaid C. B. Sheldon Clerk. Henry Butterfield Abijah H. Beach

And the said Court do hereby declare their Opinion - after the Investigation of the Matter and After putting the Interrogatories presented 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
Henry Butterfield is a resident of Mason Hill in Said County and that A. H. Brady who has signed the preceding certificate is a resident of New Berlin in the County of Delaware and one Credible person - and their
Statement is Entitled to Credit -
I Crawford B Sheldon Clerk of the Court of Common Pleas in & for the County of Delaware do hereby certify that the foregoing contains the Original proceedings of the said Court in the Matter of the application of Benjamin Wheaton for a pension -
In testimony whereof I have hereunto set my hand & seal of Office this Eighth-day of October 1832.
C. B. Sheldon Clerk.

DEPARTMENT OF THE INTERIOR,
BUREAU OF PENSIONS.
Washington, D. C., _____, 19_____
In reply to your request of _____, received _____ for a statement of the military history of Benjamin Wheaton a soldier of the REVOLUTIONARY WAR, you will find below the desired information as contained in his (or his widow's) application for pen- sion on file in this Bureau.
   DATES OF ENLISTMENT OR APPOINTMENT. LENGTH OF SERVICE. RANK. OFFICERS UNDER WHOM SERVICE WAS RENDERED. STATE.   CAPTAIN. COLONEL.     Fall 1776 1 mo. Pvt Kobly Thomas Thomas N.Y.   1776 6 " John Cummings   Apr. 1777 12 " Richard Sackett John Cummings Graham   Summer 1778 3 " David Kobly   Spg 1782 to Dec. 20, 1782 Corpl { Youngs Gillett Marinus Willet  
Battles engaged in, _____ Residence of soldier at enlistment, Horse Neck Conn & Greyback N.Y. Date of application for pension, Oct 8 1832. His ch. was ab. Residence at date of application, Maconville Delaware Co. N.Y. Age at date of application, born at Horse Neck Conn. in 1760
Remarks: There is no data on file as to his family.
Respectfully,
Acting Commissioner.
He was ab. as Pvt. & Corpl. & witness says he was non-com. officer in service of 1782

1 2 ch stamped Enve.
Rev. Secy Adm.
St Paul Minn.
Oct 24-1919
Commissioner of Pensions Dear Sir -
Will you kindly give me the military record in the Mexican War of my grandfather father Joel Wheaton of note, see neg slip attached Delaware or Steubenville N.Y. Please give me also the Revolutionary record of Benj Wheaton of N.Y. who I think was his father - A prompt reply will be more than appreciated - Thanking you sincerely - Resp. Mrs A D Work 1073 Goodrich Ave. St Paul Minn.

THE PENSION OFFICE OF THE
17-211

DEPARTMENT OF THE INTERIOR BUREAU OF PENSIONS RECORD DIVISION
B. L. Wt. 31,197 - 160 - '55
Briefed by JFB 10/30/19
1812 Sum. ONE. 18,048
1812 Wid. Cert. 7,487
The 1813 claim is now used and I can see no reason for the search on it - as the inquiry was for
Claimant Martha
Soldier Joel Wheaton.
Service Capt. Sawyer's Co. N. Y. Mil.
War 1812
No claim, Service record , 191
Joel Wheaton of Delaware Clerk. by Stabenb. N.Y.
No claim, Alph'b record in , 191
Mexican War Clerk.
REMARKS:
No Mexican War or Old War.
Mrs S D Works nfd no there. per
W. F. Waite

Resolution
23067 INVALID.
File No. 23,067
Benjamin Wheaton
Corp Rev War
Act: June 7 th 82
Index:—Vol. 2 , Page 447
[Arrangement of 1870.]
19.9 Nov 3. Recit. Mrs. S.D. Worked and

Decatur July 30. 1838
Sir, In answer to your letter of the 9 th inst I enclose you the original paper of Benjamin's, the atom which with the proofs recently transmitted it is hoped may be satisfactory
Yours Affec t
A. J. Parker
Edward Eng

BRIEF objections to the admission of Pension Claims , of which those answered in the negative, in red ink, will apply to the claim of Barnum Wheaton Seton 6 th  NY which require further proof or explanation.
I. Does the declaration show where the applicant resides? u II. Did the declarant make the declaration in the county where he resides? u 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? u 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? u VI. Has he given the names of the officers under whom he served, in conformity with the regulations? u VII. Has he made a relinquishment of every claim to any other pension than the one under the Act of June 7, 1832? u VIII. Has the Court given their opinion? u IX. Has the Clerk given his certificate? u 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? u
A. service of the length declared must be susceptible of some proof - applicant required to furnish it.

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? 110
XII. If the clergyman's affidavit has not been produced, is there any reason assigned for not obtaining it? 110
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? 111
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? 112
Has the proper officer certified to the official character and signature of the magistrate as the regulations direct? 112
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? 113
XVII. Are the seven interrogatories prescribed by the War Department answered satisfactorily? And, if not, which of them is not so answered?
114
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.

House of Representatives July 5, 1838
Sir,
I enclose you the Paper of Ben- jamin Wheaton an applicant for a pension - Very Resp'tly Yours & A. J. Perkins
H. Edwards Esq

To all whom it may concern
This may certify that the under signers are personally acquainted with Benjamin Wheeler and do believe from common report that he was a soldier in the revolutionary war Marionville September the 18 th 1832
Jane Scobell
Ch. McKinnon
Lewis Scobell
John C. Van Sic
Darius Smith
I, Ward Cannon do certify that these signatures are signatures of the persons of said town except Darius is a pensioner - Ward Cannon Town Clerk of Marionville

Hon. A. J. Parker NYK

State of New York } ss - personally County of Rensselaer } appeared Before me The undersigned Being one of the Justices of the peace of Said County Joel Bristol who Being duly Sworn Deposeth and Saith That he is acquainted with Benjamin Wheaton and have been for A number of years the Said Wheaton lived in the Neighborhood of this Department in the year 1782. in that year it was Currently Reported that the Said Wheaton had enlisted into the Revolutionary Army and this Department understood that the Said Wheaton had gone into the United States Service. and after about nine months it was Currently Reported that Said Wheaton had Returned & that he had Served in the Army nine months. and this Department further Says that the Said Benjamin Wheaton is a man of Truth & Veracity as this Department Believes and further this Department Saith not Joel Bristol Subscribed & Sworn to Before me this 2nd day June 1838 Marcus Peck Justice Peace
State of New York } Rensselaer County } ss: I Henry R Bristol Clerk of the said County do certify that Marcus Peck Esq. before whom the foregoing affidavit appears to have been sworn was at the time of taking the said affidavit a Justice of the peace in & for the said County duly appointed & sworn & further that I am well acquainted with the hand writing of the said Justice & do hereby believe his signature above written In Testimony whereof I have hereunto set my hand (And affixed the Seal of the said County this 6 th day of June A.D. 1838 Henry R Bristol Clk.)

John E. Van Liew asst. for Benj Wheaton

State of New York } Delaware County } p
Personally appeared before me the Undersigned a Justice of the Peace in & for Delaware County State of New York - John C Van Sice who being duly sworn Deposeth and saith that he is over seventy five years of age That he serv d in the revolutionary War - that he is well acquainted with Benjamin Wheaton and verily believes that he served as a Soldier in the revolutionary War - in Colo l Willets Reg t - for that he was well acquainted with his Officers and some of the Men who have told him & particularly his Capt n Youngs and Lieut d Peet that said Wheaton served in the same Company with them and also it is reported & believed in the Neighborhood where he resides that he was a Soldier in the revolution and that he verily believes that said Wheaton did serve in the said Company in Colonel Willets Regiment -
I certify that Benjamin Wheaton John C Van Sice who has subscribed to the above is known to me as a Man of truth & veracity and a Credible & Lawfull Witness - before me this Tuesday of June 1833
John C Van Sice
William Willes Justice Peace

State of New York } Rensselaer County } ss Personally came before me the undersigned being one of the Commissioners of deeds in and for said County Thomas Thompson who being duly sworn de- poseth and saith that he enlisted in the service of the United States in the Spring of the year one thousand seven hundred and eighty two for the term of nine months that he served in Colonel Mircenas Willets Ridg- ment that a part of the nine months he was attached to Captain Henrys company that during the most of said term he was acquainted with Benjamin Wheaton knew him to serve as a soldier and thinks & believes as a non-commissioned Officer and this deponent has no doubt but that said Benjamin Wheaton served the full term of nine months in the same Regiment. That Colonel Willets Regiment served at Johnstown at Little Falls at Fort Harkemer Indian Castle and Fort Plain That this deponent was well acquainted with Captain Guy Young Lieutenant Thompson Lieut Peak Captain Fonda Captain Dinee & G. Gillet all of Willets Regiment and this deponent further saith that he was well acquaint- ed with the said Benjamin Wheaton for several years after the close of the Revolutionary War that from the long acquaintance with him he verily believes him to be a man of truth & that his word is to be relied on by all acquainted with his character
Subscribed and sworn to before me this seventh day of June 1838. Thomas Thompson Joel Bristol Commissioner of deeds
I certify that I am well acquainted with the above named de- ponent and have been for the term of forty years and verily believe him to be a man of truth and that his word is to be fully relied on Joel Bristol Commissioner of deeds

The first Tour I served in the United States Army was in the year 1776 for one month under Captain Hobbly at White Plains in the State of New York The second was Six months under Captain John Cummins ending in the year 1777
The Third was for one year under Captain Richard Sackett the last part under the said John Cummins
9- ending in the year in 1778
The fourth was for three months Served under 3- Captain David Hobbly he resided at Middle Bottom
It ended that service in the fall of the year 1778
Delaware County State of New York ss. On this Twenty Eighth day of June One Thousand Eight Hundred and thirty Eight personally appeared before Me Captain Benjamin Wheten known to me to be the same person described and who makes the above statement concerning his services under both and having been acquainted with the said Benjamin Wheten for Twenty two Years and firmly believe him to be a Man of Truth and have never since my discharge had the least doubt to his honesty with regard to the services rendered to the United State during the Revolutionary War
Yrs
Benjamin J. Wheten
Mark
Subscribed and sworn to this 28th day of June 1838 before me
Wm. Cannon Commissioner of Deeds
for the County of Delaware State of New York

State of New York No 3 Rensselaer County
3 d B: I Henry R Bristol clerk of said County do certify that Joel Bristol before whom the foregoing affidavit appears to have been sworn was at the date of the same a Commissioner of Peace duly appointed sworn & authorized to take said affidavit Also that I am well acquainted with the hand writing of the said Commissioner & verily believe his signature within written to be genuine —
In Testimony whereof I have hereunto set my hand & affixed the seal of the said County this 9 th day of June — A.D. 1838 —
Henry R Bristol Clerk.
14731 Benjamin Wheaton N.Y.
[Faint mirrored text from the reverse side of the page]
Hon. A. S. Packer H. R. B.

14,731.
Benj. Wheaton, N.Y.
Set. to Hon. A. J. Parker, Esq., 1838.