Revolutionary War Pension and Bounty Land Warrant Application File R. 4919, Abel Herrick, Conn.
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(3--1776)

SERVICE
Conn.

Herrick, Abel

NUMBER
R. 4919
----------------------------------------------------
CONTENTS
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No 8330
Abel Herrik
Windsor Co
Vermont

14 Nov. 34 to Hon. E. Everett
27 Feby '35 " " H. Hubbard
22 March " " " E. Everett
30 June 36 " " "
18 Jany. 37 " " "
4 Dec. 37 " " "

Hon. H. Everett
Present
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WAR DEPARTMENT,
Pension Office,
18 June 1833

Sir:
The evidence in support of your claim, under the act of June 7, 1832, has been examined, and the papers are herewith returned. The following is a statement of your case in tabular form. On comparing these papers with the following rules, and the subjoined notes, you will readily perceive that objections exist, which must be removed, before a pension can be allowed. The notes and the regulations will [show] what is necessary to be done. Those points to which your attention is more particularly directed, you will find marked in the margin with a brace, (thus: } ). You will, when you return your papers to this Department, send this printed letter with them; and you will, by complying with this request, greatly facilitate the investigation of your claim.

A Statement, [showing] the Service of
=====
Period when the service was rendered. | Duration of the claimant's service. | Rank of the claimant. | Names and rank of the Field officers under whom he served. | Age at present, and place of abode when he entered the service. | Proof by which the declaration is supported.
-----
1778 | 2 Months., No Days. | Soldier | Col. Taylor | 68 | no other proof can be obtained
1779 | 2 Months. | -- | Col. Gordon | Plainfield Conn. | --
in 1780 & 1781 | 9 Months. | -- | -- | -- | --
in 1782 & 1783 | -- | -- | -- | -- | --
in these years | 1 Year, 6 Months | -- | -- | -- | --
Total | 3 Years, 7 Months. | -- | -- | -- | --
Abel Herrick

I am, respectfully,
Your obedient servant,
J. L. EDWARDS,
Commissioner of Pensions.

It cannot readily be admitted that the above service is insusceptible of additional proof, and the regulations require the production of the best to be had.
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2
Regulations Under the Act of June 7, 1832
The following regulations have been adopted: 
This law has been construed to extend, as well to the line, as to every branch of the Staff of the Army, and to include under the terms “Continental Line,” “State troops,”  “militia,” and “volunteers,” all persons enlisted, drafted, or who volunteered and who were bound to military service, but not those who were occasionally employed with the army upon civil contracts, such as Clerks to Commissaries and to Store Keepers &c., Teamsters, Boatman, &c. Persons who served on board of private armed vessels are also excluded from the benefits of the law, as well as persons who turned out as patrols, or were engaged in guarding particular places at night, and were not recognized as being an actual military service.
Four general classes of cases are embraced in this law: 
1. The Regular Troops. 
2. The State Troops, Militia, and Volunteers. 
3. Persons employed in the Naval Service. 
4. Indian Spies. 

As rolls of the regular troops in the Revolutionary War exist in this Department, all persons claiming the benefit of this law as officers, non-commissioned officers, mucicians or privates, will, in the first instance, make application by transmitting the following declaration, which will be made before a Court of Record of the County where such applicant resides. And every Court, having by law, a seal and Clerk is considered a Court of Record.
Declaration,
In order to obtain the benefit of the act of Congress of the 7th of June, 1832.
State, Territory, or District of }
County of } 88.
On this            day of             personally appeared: (a) before A. B. a resident (b) of            in the county of            and State, Territory, or District of            aged (c)             years, who being first duly sworn, according to law, doth on his oath, make the following declaration, in order to obtain the benefit of the provision made by the act of Congress, passed June 7th, 1832. That he enlisted in the Army of the United States in the year (d)            , with            and served in the (e)            regiment of the            line, under the following named officers:
[Here set forth the names and rank of the Field and Company officers; the time he left the service; (and if he served under more than one term of enlistment, he must specify the particular period, and rank and names of his officers;)  the town or county and State in which he resided when he entered the service; the battles, if any, in which he was engaged, and the country through which he marched. This form is to be varied so as to apply to the cases of officers and persons who belong to the militia, volunteers, navy, &c.]
He hereby relinquishes every claim (f) whatever to a pension or an annuity, except the present, and he declares that his name is not on the Pension Roll of any Agency in any State, or (if any) only on that of the Agency in the State of           
Sworn to and subscribed the day and year aforesaid A. B.
[And then we’ll follow the certificate of the Court.]
And the said Court do hereby declare their opinion (g) that the above named absent was a revolutionary soldier, and served as he states. 
I            of the Court of            do hereby certify (h) that the foregoing contains the original proceedings of the said Court in the matter of the application of             for a pension.
In testimony, whereof, I have hereunto set my hand and seal of office (i) this day of            &c.
If, on examination of the proper record, the names of applicants, making such declaration, cannot be found, they will produce such proof as the rule given in note (j) points out.
Every applicant who claims a pension by virtue of service in the State Troops, Volunteers or Militia, except those who belonged to the New Hampshire Militia, and State Troops of Virginia, will make and subscribe a declaration similar to the foregoing, with the following additions, viz:
(k) We, A. B., a Clergymen, residing in the            and C. D. residing in (the same) hereby certify, that we are well acquainted with           , who has subscribed and sworn to the above declaration; that we believe him to be            years of age; that he is reputed and believed, in the neighborhood where he resides, to have been a soldier of the Revolution, and that we concur in that opinion. 
Sworn and subscribed the days and years aforesaid.
[And then will follow the certificate of the Court.]
And the said Court, do hereby declare their opinion, after the investigation of the matter, and after putting the interrogatories prescribed by the War Department, that the above named applicant was a Revolutionary Soldier, and served as he states. And the Court further certifies, that it appears to them that A. B. who has signed the preceding certificate is a clergymen, resident in the            and that C. D., who has also signed the same is a resident in the            and is a credible person, and that their statement is entitled to credit. 
I,           Clerk of the Court of            do you hereby certify that the foregoing contains the original proceedings of the said Court, in the matter of the application of             for a pension. 
In testimony, whereof, I have hereunto set my hand and seal of office, this             day of            &c.
Every applicant will produce the best proof in his power. This is the original discharge or commission; but if neither of these can be obtained, the party will so state under oath, and will then procure, if possible, the testimony of at least one credible witness, stating in detail his personal knowledge of the services of the applicant, and such circumstances connected therewith, as may have a tendency to throw light upon the transaction. 
If such surviving witness cannot be found, the applicant will so state in his declaration, (l) and he will also, whether he produce such evidence or not, proceed to relate all the material facts, which can be useful in the investigation of his claim, and in the comparison of his narrative with the events of the period of his
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alleged service, as they are known at the Department. A very full account of the services of each person will be indispensable to a favorable action upon his case. The facts stated will afford one of the principal means of corroborating the declaration of the applicant, if true, or of detecting the imposition, if one be attempted; and unless, therefore, these are amply and clearly set forth, no favorable decision can be expected. All applicants will appear before some Court of Record in the County in which they reside, and there subscribe and be sworn to, one of the declarations above provided, according to the nature of his case.
The Court will propound the following (m) interrogatories to all applicants for a pension, on account of service in the Militia, State troops, or Volunteers, except the Militia of New Hampshire and the State troops of Virginia.
1. Where and in what year were you born?
2. Have you any record of your age, and if so, where is it?
3. Where were you living when called into service; where have you lived since the Revolutionary war, and where do you now live?
4. How were you called into service; were you drafted, did you volunteer, or were you a substitute? And if a substitute, for whom?
5. State the names of some of the Regular Officers, who were with the troops, where you served; such Continental and Militia Regiments as you can recollect, and the general circumstances of your services.
6. {To a Soldier. {Did you ever receive a discharge from the service, and if so, by whom was it given, and what has become of it?
{To an Officer. {Did you ever receive a commission, and if so, by whom was it signed, and what has become of it?
7. State the names of persons to whom you are known in your present neighborhood, and who can testify as to your character for veracity, and their belief of your services as a soldier of the Revolution.
The Court will see that the answers to these questions are embodied in the declaration, and they are requested to annex the opinions of the truth of the statement of the applicant.
The applicant will further produce in Court, if the same can be done, in the opinion of the Court, without too much expense and inconvenience to him, two respectable persons--one of whom should be the nearest clergyman, if one lives in the immediate vicinity of such applicant, who can testify, from their acquaintance with him, that they believe his is of the age he represents, and that he is reputed and believed in the neighborhood to have been a Revolutionary soldier , and that they concur in that opinion. If one of these persons is a Clergyman, the Court will so certify, and they will also certify to the character and standing of other persons giving such certificates.
The traditionary evidence of service is deemed very important, in the absence of any direct proof, except the declaration of the party. And the Courts are requested to be very particular in the enquiry whether the belief is general, and whether any doubts have existed upon the subject.
Applicants unable to appear in Court, by reason of bodily infirmity, may make the declaration before county, and the Judge or Justice will execute the duties, which the Court in herein requested to perform, and will also certify that the applicant cannot, from bodily infirmity, attend the Court.
Whenever any official act is required to be done by a Judge or Justice of a Court of Record, or by a Justice of the Peace, the certificate of the Secretary of State or Territory, or of the proper Clerk of the Court or County, under his seal of office, will be annexed, stating that such person is a Judge or Justice of a Court of Record, or a Justice of the Peace, and that the signature annexed is his genuine signature.
No payments can be made on account of hte services any person, who may have died before the taking of effect of the act of June 7, 1832; and in case of death subsequent thereto, and before the declaration herein required is made, the parties interested will transmit such evidence as they can procure, taken and authenticated before a Court of Record, showing the services of the deceased, the period of his death, the opinion of the neighborhood respecting such services, the title of the claimant, and the opinion of the Court upon the whole matter.

[a] The declarant must appear in open Court, unless prevented from doing so by reason of bodily infirmity; in which case the declarant will follow the rule laid down for his guidance.
[b] The declarant must make his declaration in the county where he resides. If he should fail to do so, he must assign sufficient reason for not conforming to the rule.
[c] The age of the claimant must invariably be mentioned.
[d] The declarant must mention the period or periods of the war when he served.
[e] Every continental officer or soldier must give the name of the Colonel under whom he served; otherwise a satisfactory explanation of the claim cannot be had. Every claimant must state, with precision, the length of his service, and the different grades in which he served, in language so definite as to enable the Department to determine to what amount the pension he is entitled. In a case where the applicant cannot, by reason of the loss of memory, state precisely how long he served, he should amend his declaration by making an affidavit in the following words:
"Personally appeared before me, the undersigned, a Justice of the Peace &c. A. D. 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 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 be 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 rarely state that they served two years in the militia, &c. without specifying the tours, the names of the officers, and other particulars respecting their service. This form of a declaration is highly objectionable. It must, in every case, be clearly shown under what officers the applicant served; the duration of each term of engagement; the particular place or places where the service was performed; that the applicant served with an embodied corps called into service by competent  [[?]] ; that he was either in the field or in garrison; and for the time during which the service was performed, he was not employed in any civil pursuit.
[f] The law makes the relinquishment indispensable.
[g] The opinion of the Court is always required.
[h] The Clerk must give his certificate in every case.
[i] The clerk must affix his seal, and if it has no device or inscription by which it can be distinguished from any other seal, or if he has no public seal of office, the certificate of a Member of Congress, proving the official character and signature of the certifying officer, should accompany the papers.
Mode of authenticating papers.
In every instance where the certificate of the certifying officer who authenticates the papers is not written on the same sheet of paper which contains the affidavit, or other papers authenticated, the certificate must be attached thereto by a piece of tape or narrow ribbon, the ends of which must pass under the seal of office of the certifying officer, so as to prevent any paper from being improperly attached the the certificate.
Proof of Service.
[j] In a case where the name of the applicant in not found in the records of the Department, he must prove his service by two credible witnesses who are required to set forth in the affidavits the time of the claimant's entering the service, and the time and manner of his leaving the same, as well [[?]], and the official character and signature of the magistrate must be certified by the proper officer, under his seal of office.
The notes from [a] to [i] are all equally applicable to the cases of Militia men, Volunteers and State Troops. The proof required by rule in note [j] applies to continental troops only.
[k] This traditionary evidence is indispensable in militia cases.
[l] If a witness cabot be found, the declarant must state the fact.
[m] The answers to the interrogatories must all be written, and sent tot he War Department, with the declaration.
Objection in note [a] is not removed. Let him apply to E. Phelps Esq. Comptroller of Public Accounts, stating [[?]] for evidence of service.
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I Benjamin Cole of Royalton Windsor County and State of Vermont depose and say I enlisted in the Revolutionary War on the first of July for two months. I enlisted in the Town of Plainfield Connecticut in Col. Tyler's Regiment in Captain Botorn's Company. I enlisted with Abel Herrick both of Plainfield, both in one company and both in one mess. We joined at New London Conn. and we were at Groton and served two [months] together and we were both dismissed at Groton Conn. We enlisted in 1779 on t he first Day of July and was [dismissed] on the last day of August. Aged 72 years of age. Said Herrick lives in Windsor [Vermont] and is present at my giving this Deposition.
Benjamin Cole

State of Vermont }
Windsor County } Royalton September 11 1833
Personally appeared Benjamin Cole of Royalton [aforesaid] and made solemn oath to the truth of the foregoing deposition.
Before me. Oel Billings Justice Peace
I further certify that said Benj. Cole is of good character for truth and veracity and a credible witness.
Oel Billings Justice Peace

State of Vermont }
Windsor County ss} I Benjamin Swan Clerk of Windsor County Court, do hereby certify that Oel Billings is a Justice of the Peace within & for said County, duly commissioned & sworn, and that his signatures above written, I believe to be genuine.
Given under my hand, and seal of said County Court, at Woodstock, this 14th day of September AD 1833.
Benj. Swan Clerk
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October 5, 1926
Leon E Nevers
40 W. Terrace St.
Claremont, N.H.
Sir:
I have to advise you that from the Revolutionary War records of the Bureau it appears that ABEL HERRICK was born in Plainfield, Connecticut, date not stated.
He applied for pension and it was alleged that while a resident of Plainfield, Connecticut, he enlisted July 1, 1778, and served at various times until sometime in 1783, amounting to three years seven months in all, with the Connecticut troops under Captain Bottom and Colonels Tyler and Gordon.
His claim was not allowed as he failed to furnish proof of at least six months of his alleged service which was the requirement of the pension law. 
In 1833 he was sixty-eight years of age and living in Windsor, Vermont.
There are no data on file relative to his family.
The date of his death is not on record.
The above noted is the only soldier by the name of Abel Herrick that is found in the Revolutionary War records of this Bureau.
Respectfully, 
E. W. Morgan
Acting Commissioner
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Washington 25, March 1840

Sir
I return herewith the papers of Abel Herrick - I do not find any others in my possession. If any others have been received to be used before Connicut - I [illegible] have been returned by the clerk or addressed to his office.

Respectfully
your [illegible]
H. Everett

J L Edwards Esq
Conn office Pensions
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Sir


I send the affidavit of Reuben Bryant
as additional proof in the case of Abel Harrick

Yours respectfully
H. Everett

J.L. Edwards Esq
Comm of Pensions
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H. Everett

July 18 '39

O.C

Recorded Vol 39
Page 496
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War Dept.
Pen: Office
July 37

Sir

I have the honor to inform you that the deposition of R. Bryant in behalf of Abel Herrick has been examined. By referring to my letter to you of 30 June last you will perceive that two months service (to which this deposition refers_ was admitted & that the other service was discredited by the silence of the tray tables of Count militia a to any pay to the designated officers.

[illegible]
Hon. H. Everett
Hon. Rep.
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Hon. H. Everett

June 30, 1836

C.C

Rec Vol. 37 pa. 203
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War Department

Pension Office

June 30th 1836

Sir

In reply to your letter of the 25th [illegible] I relating to the claim of Abel Herrick I have the honor to state that there is no satisfactory proof that the claimant found over two months-If Capt. Baily & Col. under whom a part of the service in question is alleged to have rendered when this engaged  they must have been fird by the stat & the evidence thereof and officer in the Jury table Books in the office of the Comptroller of Connecticut, when it seems it is not to be found.

Hon. H. Everett
House reply
MCS
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ENVELOPE-

Abel Herrick
June 25

Hon. H. Everett
HR

J. L. Edwards Esq.
Commr. of Pensions
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Washington 25 June 1836

Sir
I will thank you to inform me of the result of the application of Abel Herrick for a pension.
Respectfully,
H. Everett

J. L. Edwards Esq.
Commr. of Pensions
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Hon. H. Everett.
March 23d 18[illegible]

O. C.

Received [illegible] 27 Apr 92
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War Det.
Pg
March 22d 1835

Sir
In reply to your request to be informed of the present situation of the claim of Abel Herrick I have the honor to enclose an [illegible] my letter to the Hon. H. Hubbard of the 27 Feby last in reply to letter & enquiry from Ebnr. Cunnings Esq. addressed to that gentleman. No explanation or evidence relative to this claim has been thus [received].

Hon. H. Everett
Windsor
Vermont
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ENVELOPE-

Mar 23
[illegible] - attention
Vt.
FREE

J. L. Edwards Esq.
Comr. of Pensions
Washington
D. C.
Page 19

Windsor Vt. 16 Mar 1835

Sir
I will thank you to inform me of the state of Abel Herrick's application for a pension.
Your Obt. Svt.
Horace Everett

J. L. Edwards Esq.
Comr. of Pensions
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State of Connecticut
Comptroller's office 
Hartford
29 Oct. 1834

Horace Everett Esp
Sir, your Letter of 25th has just came to hand. 
I have examined the books, and find that on the 31 day of August 1779, Captain Joseph A Bottom was paid the amount of the payroll of his of his company in service at New London L2876. 8.g. there are no payrolls nor any record in this office, that we can ascertain the names of the privates who served, nor the time they served- On the 21 day of August 1781. Captain Joshua Bottom was paid the balance due for the amount of the payroll of his company for their service in the year 1780. Stationed at Greenwich (Levi Welle's regiment) -
The name of Captain Bailey I do not find on the books. This is all I can find. If a certificate of these facts will be of use I will send them, or if any thing further can be furnished by the applicant's declaration that will lead to further light on the subject, I will attend to it immediately on your giving me notice-
Your most off
Roger Huntington
Comptroller of Public Accounts
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Rev.
Vermont
Abel Herrick
Suspended act 7 June '32
See letter of 10 Oct 1833
to
E. Cummings Esqr.
Woodstock
Vt.
Let. to Hon. H. Everett
Oct. 1 34 forwarded
papers
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40 W. Terrace Street,
Claremont, N. H.,
August 16, 1926.
Office of Pension Commissioner, Pensions Bureau, Dept. of Interior, Washington, D. C. 
Gentlemen:-
Would it be possible for your office to give me any information from your records concerning the following:
Abel Herrick probably born in Massachusetts about 1759. He married Polly ---. He came to West Windsor, Vermont from that state at an early date and died there on August 13, 1843 (death record at Montpelier, Vt.) 1848, (gravestone). Another record gives 1845.
It is possible that he served in the Revolutionary War although he would have been young. His father may have served also. I do not know his father's name.
I shall be very glad of any information which you may be able to give me.
Thanking you, I remain, 
Very truly yours, 
Leon E. Nevers. (signature)
Leon E. Nevers.

U.S. Pension Office Aug 17 1926
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Abel Herrick
Vermont
4919
Suspended
14 November 183[illegible]
Hon. H. Everett
[illegible] H. Hubbard 27 Feby
1835
Recd. from Hon. H. Everett Oct 17 1837
Let to same Dec 4 1837
Let to Hon. J. Talinferro April [illegible]
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4919
Abel Herrick

Dish of 1812 give foll. rfeason for suspension
"He did not serve 6 mos".
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Reuben Bryant
Affidavit for 
Abel Herrick
Pension
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I Reuben Bryant of Plainfield County of Windham & State of Connecticut aged seventy four years in the month of May next being duly sworn do depose & say, That I was acquainted with Abel Herrick who was born in this Town of Plainfield and now resides in the Town of Windsor in the State of Vermont, that was well acquainted with him before and during the revolutionary war, and that we lived and resided in the same neighborhood & Town, and that in the year according to my best recollection 1777 I was at home on a furlough from the revolutionary army and during said Time the said Abel Herrick in a detachment of the militia marched into the State of Rhode Island to perform a tour of service in or near Newport, and did not return or the Detachment to which he belonged [until] after the expiration of my furlough and I believe I was at home two months.
Reuben Bryant

State of Connecticut SS Windham County Plainfield
Personally appeared this 18th day of October 1836, Reuben Bryant the Subscriber of the above affidavit and being duly sworn made oath to the truth of the facts therein contained, and I hereby certify that he is a credible witness & subscribed in my presence. 
Joseph Eaton Justice of the Peace

State of Connecticut }
Windham County SS }
I Uriel Fuller, Clerk of the County Court for the County of Windham do hereby certify that Joseph Eaton Esquire before whom the above affidavit was sworn, was at that time, and now is a Justice of the Peace for said County duly commissioned and sworn; and that the signature purporting to be his, is genuine. In testimony whereof I have hereunto affixed the seal of this Court and subscribed my name this 22nd day of October Anno Domini 1836
Uriel Fuller Clerk