Revolutionary War Pension and Bounty Land Warrant Application File S. 17,556, for Wheaton Luther, Massachusetts

SERVICE
NUMBER
Mass.
Luther Wheaton
S. 17.556
R. J.
carded
CONTENTS

Deca
15-380,
13 333. Massachusetts Wheaton Luther of Bristol in the State of Mass who was a Sgt in the Company commanded by Captain _____ of the Regt commanded by Col Brary in the _____ line for 2 Regts. & R.D.
Inscribed on the Roll of the at at the rate of 120 Dollars — Cents per annum, to commence on the 4th day of March, 1831.
Certificate of Pension issued the 11 th day of June 1830 and sent Hon. S. H. Hodge Present
Arrears to the 4th of Mar 1832 $240- Semi-ant. allowance ending 4 Sept " 60-
$300-
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded by J. H. Blair, Clerk, Book 4, Vol. 2, Page 50.
Dead. — See letters to Han. M. B. Borden H. R. Jan. 21. 1837 L. P. 24.

Town clerk's office, Swaney July 23 rd 1832
Wheaton Luther the son of Simon Luther and Huldah his wife was born December the 3 rd 1757. —
I certify the above to be a true copy of record
Attest: Jos. G. Luther, Town Clerk

1-264 Wheaton Author
Old Case
Augt 2 years Capt Lawler's Company Col Bragg's Dist R.I. Line
820-

Declaration in order to obtain the benefit of the Act of Congress passed June 7. 1832.
State of Massachusetts, County of Bristol } ss.
On this thirtieth day of August 1832, personally appeared in open court before the Hon. Woodijah Baylies, Judge of the Court of Probate now sitting, Wheaton Luther a resident of Scituate, in the County of Bristol and State of Massachusetts aged seventy four years, who being first duly sworn, according to law, doth, on his oath, make the following declaration in order to obtain the benefit of the Act of Congress passed June 7. 1832.
I, Wheaton Luther, whose name is hereto subscribed, do on oath declare that I entered the service of the United States and served in the manner herein after stated and under the following named Officers, to wit,
Col. David Brewer. Capt. Jonathan Davenport. Col. Christopher Lippitt, Lieut. Col. — Comstock, Maj. James Tew. Col. Archibald Coary, Lieut. Col. James Williams, Maj. Christopher Manchester. Col. John Tappan, Lieut. Col. James Williams —
Capt. Loring Peck 1 st Lieut. William Bawles 2 d Lieut. Thomas Swan Lt. Ensign Stephen Paine and afterwards at a new arrangement Lt. Gilbert Grant Capt. Thomas Allen 1 st Lieut. William Bawles 2 d Lieut. — Ensign Thomas Paine and afterwards Nathaniel Humphrey
Capt. Christopher Dyer Lieut. — Stanton
That as a Volunteer I joined Col. David Brewer's Regiment in Roxbury (Mass.) the first of May 1775. Served eight months and was discharged the first of January 1776. This service was in Capt. Jonathan Davenport's Company of said Roxbury.
That I joined Capt. Loring Peck's Company in Col. Lippitt's Regiment of the Rhode Island State Troops about the twentieth of March 1776. In September of the same year I marched for New York, arrived at Harlem.

and joined Genl. Dixon's Brigade, from thence I marched to White Plains from thence to Trenton (N.J.) from thence retreated to Princeton (N.J.) and was engaged in a battle on the morning after said retreat. I was discharged at Chatham in New Jersey on the twentieth of January 1777, having served ten months.
That I enlisted as a Volunteer in Capt. Thomas H. Hens company, Col. Boars Regiment of Rhode Island State Troops at Bristol (R.I.) about the sixteenth of March 1877, was stationed at P. Bristol where I served one year and was discharged on the sixteenth of March 1878.
That I enlisted as a sergeant in Capt. William Lawles Company, Col. Coasey's Regiment of Rhode Island State Troops March seventeenth 1778, and served one year as sergeant, the services were at Bristol (R.I.), Tiverton (R.I.), Little Comp-ton (R.I.) and with the Continental Troops in Sullivan's expedition on the Island of Rhode Island. I was discharged the sixteenth of March 1779.
That I enlisted as a sergeant, in Capt. William Lawless Company, Col. Coary's Regiment of Rhode Island State Troops March seventeenth 1779, and was transferred to Col. John Toppans Regiment, Capt. Christopher Dyer's Company about the ninth of June 1779. I served at Little Compton R.I. and on the Island of Rhode Island, and was discharged at Newport on said Island on the sixteenth of March 1780. The Brigade to which I belonged was under the command of Genl. Ezekiel Cornell. The whole time that I was in the service of the United States amounts to Four Years, six months and some days, during Two years of which time I held a warrant as a sergeant & performed duty as such as a sergeant, and during one year, to wit, from March 17. 1779 to March 17 to March 17. 1780 I held a warrant as such.
To the interrogatories propounded, v 6 answer,
1 st I was born in Leavengy (Mass.) December 3 rd 1757.
3 rd My birth is recorded in the town Records of S t town of Lewiston, an attested copy of which is herewith forwarded.
3 d Resided in Rehoboth (Mass.) at the time of entering the service of the United States; since the revolutionary war have resided in Newport (R.I.), Pittsfield and Norway (N.Y.) but now have my home in said Norway.
4 th I entered the service of the United States at all times as a Volunteer.
5 th I have mentioned the names of all the principal officers of the Rhode Island State Troops that I now recollect viz. Col. Lippitt, Col. Gray & Tappan and Brig. Genl. Cornell. I recollect that Col. Webb and Col. Angell comman

in the Continental Troops and that Col. Green commanded a Regiment of black Troops in Sullivan's expedition on Rhode Island. The general circumstances of my service I have herein before stated as I recollect them. 6 th I received no other than a verbal discharge from the commanders of the Regiment.
7 th I would name John Gibbs & Benjamin Luther W.H. of Swanzey in the County of Bristol -
In addition I would offer the positive testimony of Jonathan Barnaby, to three years service and the corroborating testimony of Thomas Lewis and Ebenezer Holmes, (the testimony of each of whom is herewith forwarded) which is all the evidence confirming my own that I am able to procure.
I had no documentary evidence other than a Sergeant's Warrant which I forwarded to the War Department upon my application before Elisha Daws of Rensselaer County State of New York State of New York . A Pension certificate was issued in my favour under the act of March 18. 1818, which is forwarded herewith, and my name was afterwards struck from the Pension list my case not coming (as I was told) within the construction that was afterwards put upon the said act of March 18. 1818.
I hereby relinquish every claim whatever to a pension or annuity except the present & declare that my name is not now on the pension roll of the agency of any state.
Wm Norton Luther Sworn to, and subscribed, the day and year aforesaid.
H. Baylies, Judge of Probate
We, John Gibbs & Benjamin Luther residing in the town of Swanzey aforesaid hereby certify, that we are well acquainted with Wheaton Luther, who has subscribed & sworn to the above declaration; that we believe him to be seventy four years of age; and that he is reputed & believed, in the neighbourhood where he resides, to have been a soldier of the revolution, & that we concur in that opinion. Sworn to, and subscribed, the day and year aforesaid. John Gibbs. Benjamin Luther H. Baylies, Judge of Probate
And the said Court do hereby declare their opinion, after the investigation of the matter, and after putting the interrogatories prescribed by the War Department, that the above named applicant was a revolutionary soldier, and served as he states. And the Court further certifies that it appears to them that John Gibbs and Benjamin Luther who have signed the preceding Certificate are residents in Swanzey aforesaid; and are creditable persons and that their statement is entitled to credit. H. Baylies, Judge of Probate

Registered I Anselm Barrett, Clerk of the Court of Probate, do hereby certify that the foregoing contains the original proceedings of the said Court in the matter of the application of Wheaton Guther for a pension. — In testimony whereof I have hereunto set my hand and the seal of the said Court the day and year first above written — Anselm Barrett
17 26th Wheaton Guther
Old Code
Sept 2 p.m.
Capt. Guther's Secretary
Col. Guther's Dept. N.Y.
line

17. 556 INVALID.
File No. 17. 556
Wheason Luther Large New War
Act: June 7 th 32
Index:—Vol. 1 , Page 235
[Arrangement of 1870.]

Wheeler Nathan
Answered 14 April 1820

House of Representatives 11 th April 1820 —
The Hon ble John C. Calhoun Esq e Sir
I am informed that Wheaton Luther of the State of New York has lately been struck from the list of Revolutionary Pensioners in the State of New York under a doubt that has arisen whether he served in the Revolutionary Army —
I am now requested in order to remove those doubts to lay before you the inclosed Affidavit and to request your decision thereon as soon as may be convenient.
I am Respectfully
Your Obedient Serv t
Thos D. Wilkinson

Penfield County Hart New York
Personally came before me Daniel Halstead justice of the Peace for the county Wheten Luther and made oath that the following Statement is just and true according to his best recollection; That, some time in the spring of the year 1775 he the sd Wheten Luther enlisted in the Massachusetts line under Col. David Brewer, Capt Jonathan Danforth, served 8 Months - discharged about the 1st Jany. 1776 - In 1776 en- listed in Col. Christopher Lippitts Regt. Capt. Loring Peck for 15 Months - served in Rhode Island till Sept. following. Then was ordered to join the American Army at Harlem Heights served in Genl. Nixon's Brigade - under the command of General Washington - Marched from thence to White Plains & then to Trenton New Jersey, was driven out of Trenton and marched to Princeton and was in the action that took place the next morning - served to Jany 1777 and was discharged at Chatham New Jersey. I believe the Officers of his Regiment to have been commissioned in the continental Line - Enlisted 16th March 1777 under Col. Archibald Crary Capt. Thos. Allen company for one year - Enlisted 16th March 1778 under Col. Archibald Crary Capt. Wm Lawless for one year - Enlisted 16th March 1779 under Col. Arch. Crary Capt. Wm Lawless company for one year. transferred sometime in April of 1st May to Col. John Sopharns Regt. Capt. Christopher Dyer company. Discharged at Newport R. I. 16th March 1780 -
And further that when he applied for a pension he forwarded to the war office a serjeants Warrant as near as he can recollect in the words following (Fig) By John Sopharn Esq. commander of a Regiment of foot rais- ed for the service of the United States used for the special defense of the liberty of America for the State of Rhode Island and in particular to Wheten Luther serjeant. I do by these presents constitute and appoint you to be the se- cond serjeant in the light Infantry company commanded by Capt. Christopher Dyer in the Regiment where I am Colonel to proceed under the supreme command of the comman- der in chief of the continental army for repelling all hostile invasions thereof you are faithfully and diligently to dis- charge all duties committed to your charge as hereby this is your sufficient Warrant
Given under my hand & seal John Sopharn Col.
Wheten Luther
Sworn and subscribed before me this 6th day of April 1820
Dan Halstead
Justice of the Peace

Payable semi-annually---the first pay- ment on this certificate will be made on the 4th of March next, at the Branch Bank of the U.S. New York.
Recorded

WAR DEPARTMENT.
REVOLUTIONARY CLAIM.
I CERTIFY That, in conformity with the Law of the United States, of the 18th of March, 1818,
Wharton Luther late a private in the Army of the Revolution, is inscribed on the Pen- sion List, Roll of the New York Agency, at the rate of Eight dollars per month, to commence on the second day of May one thousand eight hundred and eighteen.
GIVEN at the War Office of the United
States, this nineteenth day of
January one thousand eight hundred
and nineteen .
J. C. Calhoun
Secretary of War.

By JOHN TOPHAM, Esquire,
COLONEL of a Regiment of Foot, raised by the UNITED STATES, for the special Defence and Safety of AMERICAN LIBERTY, and the State of Rhode Island in particular.
To Whetstone Liberty Greeting.
B Y Virtue of the Power and Authority, from the UNITED STATES, to me given, I DO, by these Presents reposing Special Trust and Confidence in your Loyalty, Courage, and good Conduct, constitute and appoint You, the said Whetstone Liberty to be the Second Serjeant in the Light Infantry Company, commanded by Capt. Christopher Dyer , in the Regiment whereof I am Colonel, to proceed under the supreme Command of the Commander in Chief of the Continental Army, for the repelling every hostile Invasion thereof:—You are hereby commanded, faithfully and diligently to discharge the Duties committed to You, as a Serjeant in the abovenamed Company, and Regiment under my Command. Whereof this shall be your sufficient Warrant.
GIVEN under my Hand and Seal at Arms, this 10th Day of March , in the Year of our LORD, Anno Domini One Thousand, Seven Hundred, and Eighty, and in the fourth Year of INDEPENDENCE.
APPOINTED the 10th Day of March 1782
John Topham Col.

I, Jonathan Barnaby of Troy in the County of Bristol and State of Massachusetts of lawful age do on oath testify and say that Wheaton Luther of Scituate, in said County was a Soldier in the War of the Revolution, and that to my knowledge he served in Col. Crarys and Colonel Phipps Regiments for the term of three years commencing in the year 1777 and ending in the year 1780. and he was an orderly Sergeant about two years of that time, a part of said service was in Captain Lawless Company and all in the Rhode Island State troops under the Command of General Ezekiel Cornell. I served in the same Regiments during the time above mentioned and the said Wheaton Luther was in said Regiment as a Soldier at the time of my enlistment in the year 1777 and during the whole of my service as above stated.
Soment July 26. 1832
Jonathan Barnaby
Commonwealth of Massachusetts:
County of Bristol ss. July 26. 1832. Then the above named Jonathan Barnaby personally appeared and made oath that the above statement by him made and subscribed was just and true. Before Me Wheaton Luther (of Somerset) Justice of the Peace Bristol ss. May 9. 1833. I hereby certify that the above named Jonathan Barnaby who subscribed the above deposition is a credible witness. Wheaton Luther (of Somerset) Justice of the Peace

I, Thomas Lewin of a residence in the County of Bristol and State of Massachusetts do hereby on oath depose and say that Wheaton Luther of said County served as a Soldier or non- commissioned officer in the war of the rebellion in Capt. Thomas Allen's Company in Colonel George's Regiment for the term of one year or more in the years 1864 and 1865 and that said Company was stationed at Bristol in the State of Rhode Island, that I served in the same Company at the same time and have a plain recollection of the service of the said Wheaton Luther as so stated and that George's Regiment belonged to the Rhode Island State Troops and that General Burnside was Brigadier General Swanzey July 25, 1882 Thomas Lewin
Commonwealth of Massachusetts - County of Bristol ss. July 25, 1882. Then the above named Thomas Lewin personally appeared and made oath to the truth of the above certificate by him subscribed
Before me Wheaton Luther of Somerset Justice of Bristol ss. May 9, 1883 I hereby certify that the above named Thomas Lewin who subscribed the above deposition is a credible witness. Wheaton Luther (of Somerset) Justice of the Peace

I Ebenezer Holmes of Swansey County of Bristol and Commonwealth of Massachusetts of lawful age do on oath testify and say. That I was knowing to Wheaton Luthers of said Swansey, being a Sergeant in a Company of the Rhode Island State troops in the revolutionary war, and that said Wheaton Luthers was stationed at Bristol Rhode Island for a cons- -iderable time according to the best of my knowledge not less than one year Ebenezer Holmes
Swansey July 25 th 1832
Commonwealth of Massachusetts
Bristol ss- July 25 th 1832 Then the above named personally appeared Ebenezer Holmes, and made oath to the truth of the above certificate by him subscribed before me John Mason Justice of the Peace
Bristol ss May 8 th - 1833 I hereby certify that the above named Ebenezer Holmes who signed the above deposition is a credible witness John Mason Justice of the Peace

Commonwealth of Massachusetts.
At Bristol ss. I James Spratt clerk of the court of Common Pleas for said County of Bristol, do hereby certify that Wheaton Luther, and John Mason Esqrs. whose signatures are affixed to the annexed certificate, are Justices of the peace in and for said County of Bristol, and duly qualified to administer oaths.
In testimony whereof I have hereunto set my hand and affixed the seal of said court, this Twelfth day of September Eighteen Hundred and Thirtyfour. J. Spratt

State of New York
Rensselaer County Is: On this Seventh day of May May 1818 before me the Subscriber, one of the Judges of the Court of Common Pleas in and for the County of Rensselaer in the said State personally appears Wheaton Luther aged fifty years resident in Pittstown in the said County of Rensselaer State aforesaid who being by me first duly sworn according to Law doth on his oath make the following declaration, in order to obtain the provision made by the late act of Congress, entitled "An act to provide for certain persons engaged in the Land and naval service of the United States in the Revolutionary War;" — That the said Wheaton Luther, enlisted in the town of Bristol in the State of Rhode Island on the sixteenth day of March 1779 — in the Company of Light Infantry commanded by Captain Christopher Dyer of the Regiment commanded by John Toffey as Col n that he continued to serve in the said corps in the Service of the United States for one year when he was discharged from that enlistment in the town of New Port in the said State of Rhode Island, by and while in the service under the on the completion of the above mentioned enlistment he received, the Warrant hereto annexed — That previous to the above enlistment he had been enlisted in the town of Abbot in the Commonwealth of Massachusetts in the month of April 1775, in the company of Infantry commanded by Captain Jonathan Davenport in the Regiment

of which David Brewer was Col: Comman d ant of the Massachusetts line, that he continued to serve in the said Corps in the Service of the United States eight months the term of his Enlistment when he was discharged from that Service in Roxbury in the said State of Massachusetts — therein the month of March following, he enlisted in the town of Bristol in the State of Rhode Island in the Company Commanded by Captain Lorins Peck in the Regiment of which Christopher Lippett was Col: Comman d ant in the Rhode Island line, that he continued to serve in the said Corps in the Service of the United States fifteen term of fifteen months, the full time of the said Enlistment when he was discharged in the town of Chatham in the State of New Jersey That in the month of February following the last mentioned discharge, he enlisted in the town of Bristol in the said State of Rhode Island in the Company Commanded by Captain Thomas Allen in the Regiment of which Archibald Hary was Col: Comman d ant in the Rhode Island line, that he continued to serve in the said Corps in the Service of the United States until the 16 th day of March in the year 1779 when he was discharged in the town of Little Compton in the said State of Rhode Island — That he was in the Battle at White Plains, Princeton retreat out of Trenton, & in Sullivan's Expedition in Rhode Island —

and that he is in reduced circumstances, and stands in need of the assistance of his country for support, & that he has no other evidence now in his power of his said services —
There to and declare before me the day & year aforesaid —
I Joseph Dorr Judge of the Court of Common Pleas in & for the County of Rensselaer as aforesaid do Certify, that it appears to my satisfaction, that the said Wheaton Luther did serve in the Revolution war, as stated in the preceding declaration, against the common enemy; and I now transmit the proceedings & testimony taken and had before me, to the Secretary for the Department of War, pursuant to the directions of the aforementioned act of Congress — May 7 th 1818
Joseph Dorr
This may Certify that Wheaton Luther, in my Opinion is in Reduced Circumstances and that he stands in need of his Country's assistance for support
Joseph Dorr

State of New York } Rensselaer County ss } I hereby certify that Joseph Dorr Esquire whose signature is subscribed to the within declaration was on this twentieth Day of May Instant one of the Judges of the Court of Common Pleas of said County. In Witness Whereof I have hereunto set my name and affixed the seal of the said Court this 27 th Day of May A.D. 1818
Joseph D. Holden Clerk

I Wheaton Luther, a resident of Swanzy in the county of Bristol and Commonwealth of Massachusetts, who, on the thirtieth day of August now last past, personally appeared before the Hon. Hoddijah Pagles Judge of the Court of Probate when sitting by adjt. at Dighton in said county, and made a Declaration in order to obtain the benefit of the Act of Congress passed June 7. 1832, do testify and say that the reason why I did not obtain the evidence of a Clergyman as to his belief respecting my age and the general belief in his neighborhood relative to my revolutionary services was, that there was not at said time any clergyman in my "immediate vicinity," and because I was told that, as I was quite poor and destitute of property, it would not be necessary for me to obtain the evidence on affidavit of a clergyman, but that, in my case, the certificate of two credible and respectable persons residing in said town of Swanzy certifying under oath that they were well acquainted with me, that they believed me to be of the age by me stated in my said declaration, that I was reputed and believed in the neighborhood where I resided to have been a soldier of the revolution, and that they concurred in that opinion would, in this respect, be sufficient.
Wheaton Luther
Swanzy May 8 th 1839.
Commonwealth of Massachusetts - Bristol ss. May 8 th 1839. Then the above named Wheaton Luther, who is a credible witness, personally appeared & made oath to the truth of the above. Before me, Eliab Williams, Justice of the Peace.

Commonwealth of Massachusetts Bristol ss. I Anselm Barrett Registrar of the Court of Probate in for said County of Bristol, do hereby certify that Elias Williams, whose signature is affixed to the within certificate is a Justice of the Peace for said County -
In testimony whereof I have hereunto set my hand and affixed the Seal of said Court this eleventh day of May Eighteen hundred thirty three Anselm Barrett

5427 New York
14 Oct Age 22 1833 134.08
Whitton Luther Patriot Rhode Island Mass In the army of the United States during the Revolutionary War.
Inscribed on the Roll of New York at the rate of 8 Dollars per month, to commence on the 2 d of May 1818
Certificate of Pension issued the 19 th of Jany 1819 and sent to Joseph Dorr Esq Paym in York.
Arrears to 4 th of Sept 1818 $ 32.80 Semi-annual acct ending March 1819 48.
Joseph Dorr $ 80.80 { Revolutionary claim, } { Act 18th March, 1818. }
Pills town