Revolutionary War Pension and Bounty Land Warrant Application File S. 7222, for Daniel Merrell, North Carolina
Page 1

(3—1776)
SERVICE
N. C.
Merrell, Daniel
or
Dan.
NUMBER
S. 7222
Born in N. J.	carded
CONTENTS
Page 2

Dead let to DWC Johnson July 2 45
Letter to Hon A. Docherry & 3 Audr 13th Feb 1846.
Paid at Treasury, under act 6 April, 1838, from 4 Sept. 1843 to 11th March 1844. Agent notified 18 April, 1846.
Date of death not on AD
Pay Susp: 19 mar: “35
Cont. 3 Apl
[typed form, with handwritten responses]
12866
North Carolina
Danl Merrell
of Randolph in the State of N Carolina who was a Private in the Company commanded by Captain Flack of the Regt commanded by Col. Martin in the N. C. Militia for 7 months
Inscribed on the Roll of N. Carolina at the rate of 23 Dollars 33 Cents per annum, to commence on the 4th day of March, 1831.
Certificate of Pension issued the 6 day of June 1833 and sent Clerk of Randolph Co
Arrears to the 4th of Mar 1833 $46.66
Semi-anl. allowance ending  Sep 33 11.66
$58.32	
{Revolutionary Claim,
Act June 7, 1832.}
Recorded by Geo. B. Whiting Clerk,
Book E Vol. 6 Page 48
Page 3

[typed form, with handwritten responses]
TREASURY DEPARTMENT,
SECOND COMPTROLLER’S OFFICE,
February 17th, 1846.
Sir:
Under the act of the 6th of April, 1838, entitled “An Act directing the transfer of money remaining unclaimed by certain Pensioners, and authorizing the payment of the same at the Treasury of the United States,” and the third section of the Act of August 23, 1842, extending the time within which pensioners may receive their pensions from the pension agents, the widow of Daniel Merrill, decd a Pensioner on the Roll of the North Carolina Agency, at the rate of twenty three Dollars and 33 Cents per annum, under the law of the 7th June 1832, has been paid at this Department, from the 4th of Sept. 1843, to the 11th March 1844.
Respectfully yours,
Albion K. Parris
Comptroller.
To the Commissioner of Pensions,
Present.
Page 4

Dan Merrell’s
Declaration
for a pension
Filed Nov. Term 1832
Page 5

State of North Carolina
Randolph County
Court of Pleas & Quarter Sessions
November Term A D 1832
On this 6th day of November A. D. 1832 personally appeared in open court, before the Justices of the Court of Pleas & Quarter Sessions now sitting Dan Merrell a resident of the County of Randolph & State of North Carolina, aged seventy seven years the 17th of May last, who being first sworn according to law, doth on his oath make the following declaration, in order to obtain the benefit of the act of Congress passed June 7, 1832
That he entered the service of the United States under the following named officers, & served as herein stated;--vig.---
He states that he was born in the state of New Jersey, May 17, 1755, & about two years thereafter as he is informed was brought by his parent into this county, where he has resided ever since, & now resides. He was drafted, & entered the service of the United States July 22nd, 1776, under Captain Thomas Flack, St. Col. Paisly & Col. James Martin, was marched to Salisbury N. C. where he was placed under the command of General Rutherford; then marched into the Cherokee Territory, on the Tennessee & Hiwassee Rivers, to subdue the Indians& suppress their ravages & check their inroads upon the settlements: after marching in the vain pursuit of the enemy for some time, who fled from their pursuit & concealed themselves, they were marched back into North Carolina, & at Salisbury, each Captain took his company into their respective Counties, & he under Captain Flack was marched into Randolph County (then Guilford) & discharged the latter part of October 1776, having served three months; he received no written discharge
He further states that on or about the 15th of September AD 1780 he again entered the service of the United States, as a volunteer under Capt. John
Page 6

Johnston, St. Col. Jeduthan Harper, & Col. Collier (volunteered for three months) under whom he was marched to Salisbury; being also under the command of Genl. Butler; whom the militia had joined on his way from Orange County to Salisbury. This he thinks was about five or six weeks after Gates defeat at Camden. & General Butler had stationed himself at Salisbury to wait the approach of Lord Cornwallis. He did not however get as far north as Salisbury, before his (Merrell’s) term of three months expired & he was discharged; but was at Charlotte, Mecklenburg County, or the neighborhood of it. He was so discharged at Salisbury. His discharge is dated December 15th, 1780, & signed by his Capt. John Jonston, which he now has, & herewith transmits.
He was not in any engagement, in either of the aforementioned tours, but was in daily expectation of a battle, while at Salisbury.
He further states, that after the intry [entry] of Lord Cornwallis into North Carolina, there was a general insurrection of the Tories in the State, particularly in the Counties of Guilford & Randolph & the adjacent counties, who spread consternation throughout the whole country by their barbarities, burnings, & murders: and that after the battle of Guilford March 15th 1781, he was repeatedly called out by Capt. John Knight – by Col. Collier, & by other officers, to defend the Country against the outrages of their tories. These services were generally of short duration, for he was called out upon the spur of the moment, upon some inroad of the tory party; some outrages & cruelty perpetrated by them, or upon some apprehension that they were organizing a force to do mischief; it was indeed a Tory warfare, when the summons to arms, might be & was often, the light of a dwelling house on fire, or women & children
Page 7

flying for safety, from tory cruelties. In one of these short tours of service, he states, that with a small party of whigs, he was surprised & fired upon by a tory party under one Robert Campbell; his horse was shot under him several bullets passed thro his clothes & he was taken prisoner by them & treated with great cruelty; he received a dangerous wound on the head, inflicted with a broad sword, from which he did not recover until after the end of the war. This occurred on the 15th April 1781
From these services he received no written discharge, being called out upon emergencies, & discharged when the passed off. He expects to be able to prove his service by Joseph Johnston & John Graham who repeatedly saw him whilst engaged in said service. He can also establish his reputation for service by all his respectable neighbors, among others by Genl. George Hoover & Genl. Alexander Gary and John Elder.
He states that he did not serve with any continental troops, & knew no continental officers – he knew some of the captains, with whom he served vig Capt. Forbes, Capt. Bell, Capt. Leak, Capt. Nelson & Capt. Bustard, who commanded companies raised in Guilford County
He hereby relinquishes every claim whatever to a pension or annuity, except the present, & declares that his name is not on the pension roll of the agency of any state.
Sworn to and subscribed the day & year aforesaid
Dan Merrell
We Joseph Johnston & John Graham residing in the county of Randolph, state of North Carolina, hereby certify that we are well acquainted with Dan Merrell, who has subscribed, & sworn to the preceding declaration, & believe him to be seventy seven years of age.
Page 8

Joseph Johnston certifies that he thinks he saw said Merrell on way out on the Indian expedition: that he knew he was gone out on that service, & that he went out to meet him on his return, & expect him home, with others: also that he saw Merrell the next day after he was wounded in the head as he states, by the tories. John Graham certifies that he knew of Merrell’s service, & saw him at the camp at Salisbury, & was with him in one or more Tory excursions.
Sworn to & subscribed the day & year aforesaid
Joseph Johnston
John Graham
We, George Hoover, Alexander Gray, & John Elder residents in the County of Randolph, & State of North Carolina, hereby certify, that we are well acquainted with Dan Merrell who has subscribed & sworn to the preceding declaration; that we believe him to be seventy seven 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. John Elder further certifies that he recollects Dan Merrell going out on the Indian expedition, & also that he saw him a short time after he was wounded in the head by the tories, & from which he suffered a great deal from loss of blood. He further states that he was considered in those times, as a true & fearless soldier.
Sworn to subscribed the day & year aforesaid
Alexr Gray
John Elder
George Hoover
And the said Court do hereby declare their opinion, after the investigation of the matter, & after putting the interrogatories prescribed by the War Department that the above named applicant was a revolu-
Page 9

-tionary soldier, and served as he states. And the Court further certifies that it appears to them that Joseph Johnston, George Hoover, Alexander Gray and John Elder, who have signed the preceding certificate, are residents in the County and State therein mentioned, and are credible persons, and that their statement is entitled to credit.
J. Wood Chr
I, Hugh McCain, Clerk of the Court of Pleas and Quarter Sessions, do hereby certify that the foregoing contains the original proceedings of the said Court, in the matter of the application of Dan Merrell for a pension.
In testimony whereof I have hereunto set my hand and seal of office, this tenth day of November A. D. 1832
Hugh McCain Clk
Amendment
Personally appeared before me the undersigned a Justice of the Peace in & for the County of Randolph & State of North Carolina Dan Merrell who being duly sworn, deposeth & saith that he has a record of his age in a family Bible, & that he served not less than the period mentioned below and in the following grade: For seven months I served as a private, & for such service I claim a pension.
Dan Merrell
Sworn to & subscribed before me March 2nd 1833
Thos. Branson JPS
Page 10

State of North Carolina
I, Hugh McCain, Clerk of the Court of Pleas and Quarter Sessions for Randolph County do hereby certify, that the name & signature of Thomas Branson, Esquire, which appears to the above certificate is in the proper handwriting of the said Thomas Branson Esquire & that he was at that date an Acting Justice of the Peace for said County duly commissioned & sworn, & that full faith & credit is due to his official acts
In testimony whereof, I have hereunto set my hand & affixed the County seal, at Asheboro this the thirteenth day of March A. D. 1833, & in the 57th year of American Independence
Hugh McCain Clk
Page 11

May 25, 1933
xxxxxxxxxxxxxxxxxx
DANIEL MERRELL
S. 7222
BA-J/MLB
Mr. D. F. Merrill
Easley
South Carolina
Dear sir:
Reference is made to your letter of May 22, in which you request the record of Daniel (Dan) Merrill, who served in the Revolutionary War and lived in Randolph County, North Carolina.
The data contained herein were obtained from the papers on file in pension claim, S. 7222, based upon the Revolutionary War service of Daniel or Dan Merrell (he signed Dan Merrell and was pensioned Daniel Merrell).
Dan or Daniel Merrell was born May 17, 1755, in New Jersey, and when about two years old he was brought by his parents whose names are not stated, to Randolph County, North Carolina.
While a resident of Guilford (which was later Randolph) County, North Carolina, he enlisted July 22, 1776, served as a private in Captain Thomas Flack’s Company, Colonel James Martin’s North Carolina regiment against the Indians and was discharged the latter part of October, 1776. He volunteered about September 15, 1780, served as a private in Captain John Jonson’s Company, Colonel Collier’s North Carolina regiment. After the battle of Guilford the soldier was frequently called out on short tours by Captain John Knight, Colonel Collier and other officers not designated, to defend the country against attacks by the Tories, on one of which his horse was shot under him, several bullets passed through his clothes, he was taken prisoner and treated with great cruelty, he received a wound in the head inflicted by a broadsword from which he did not recover until after the end of the war. He served seven months in all.
He was allowed pension on his application executed November 6, 1832, while a resident of Randolph County, North Carolina.
Page 12

Dan or Daniel Merrell died March 11, 1844, survived by a widow named Hannah; her maiden name and details of their marriage were not given and no reference was made in the claim to children.
In 1845, D. W. C. Johnson, of La Grange, North Carolina, stated that soldier’s widow, Hannah, was his aunt, also that he had two other aunts but did not give their names.
Very truly yours,
A. D. HILLER
Assistant to the Administrator
Page 13

S. F. 7222 Rev. NC
Daniel Merrell
idis
Page 14

[typed form, with handwritten responses]
BRIEF objections in the admissions of Pension Claims, of which those answered in the negative, in red ink, will apply to the claim of Daniel Merrell which require further proof or explanation.
I.	Does the declaration show where the applicant resides? Yes
II.	Did the declarant make the declaration in the county where he resides? Yes
III.	If the applicant did not make the declaration in the county where he resides, is there any reason assigned for his not doing so?
IV.	Has the declarant mentioned the period or periods of the war where he served? Yes
V.	* Has he mentioned with precision the length of his service, and the different grades in which he served, in language so definite as to enable the department to determine to what amount of pension he is entitled? No
VI.	Has he given the names of the officers under whom he served, in conformity with the regulations? Yes
VII.	Has he made a relinquishment of every claim to any other pension than the one under the Act of June 7, 1832? Yes
VIII.	Has the Court given their opinion? Yes
IX.	Has the Clerk given his certificate? Yes
X.	Is the Clerk’s seal affixed? And if so, has it a device or inscription by which it can be distinguished from any other seal? Yes
Page 15

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? 3 resident citizens
XII.	If the clergyman’s affidavit has not been produced, is their any reason assigned for not obtaining it?
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? Documentary witnesses
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? Yes
If he has produced direct proof as to service, has the magistrate who administered the oath, certified to the credibility of the witness or witnesses?
Has the proper officer certified to the official character and signature of the magistrate as the regulations direct?
XV.	Does it appear from any of the papers that the witness was in such a situation, or of such an age, as to have personal knowledge of the applicant’s service? Yes
XVI.	Are the papers authenticated as the regulations direct? No
XVII.	Are the seven interrogatories prescribed by the War Department answered satisfactorily? And, if not, which of them is not so answered? 2. 7. See Declaration as to interrogatory 7
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 -------; for such service I claim a pension.”
Page 16

3
It is important 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 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 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 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 officers, 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, 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.
Page 17

1933, May 25, Hist to D. F. Merrill – MLB
7222
Rev War
INVALID
File No. 7222
Daniel Merrell
Pri Rev War
Act: June 7th, 32
Index:--Vol. [illegible], Page 253
[Arrangement of 1870.]
Page 18

Easley, S. C.
May 22, 1933
Department of Interior
Bureau of Pensions
Washington, D. C.
Dear Sirs:
I have been told that one of my ancestors, Daniel (Dan) Merrill, served in the Revolution. He lived in Randolph County, N. C.. Will you please inform me if he did serve, and in what capacity. Pleas give any possible data on the family.
Thanking you so much for this favor, I am
Very truly yours,
D. F. Merrill
D. F. Merrill
[Stamp]
RECEIVED
MAY 23 1933
MAIL SUB-DIV.
VETS. ADM.
PENSION 3
Page 19

Danl Merrell
Salisbury 15th, Decmr 1780
is discharged from the rows of Divs
By order of Jno. Butler John Johnston Cap
Page 20

Free
D. W. C. Johnson
La Grange N. C.
27 June 1845
July 2 45
Hon Merrill
N C
J. L. Edwards
Commissioner of Pensions
Washington City
D. C.
Page 21

La Grange, N. C.
27 June, 1845
Dear Sir:
Will you condescend to give me information in the following cases to wit
My aunt Hannah Merrill who is the widow of Daniel Merrill decd. a revolutionary pensioner from the irregularity of someone promoted to the agent for paying pensions in Fayetteville (NC) at two different times; has failed to deliver what was due her husband at his death and it is now over 12 months. In what way will she proceed to get said dedc.
2dly Is there any late act of Congress allowing half pay or pensions to widows of Revolutionary Soldiers who were pensioners under the act of June 7th 1832 which widows were married to said pensioners after the year 1832. If there be such an act I would feel myself under obligations to you in receiving from you instructions how to proceed to obtain the benefit of such act as such I have two aunts in indigent circumstances who would likely come under the act.
Most respectfully yours
D. W. C. Johnson
P. S. I have the pension laws which were printed in 1840.
D. W. C. Johnson