Revolutionary War Pension and Bounty Land Warrant Application File S. 7220, for John Merrill, North Carolina
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SERVICE
N.C.    Merrill, John.   

NUMBER
S7220

carded

CONTENTS
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(left panel)
Date of Death not on AB

(right panel)
12.242
North Carolina
John Merril
of Duncombe in the State of NC who was a Priv in the Com commanded by Captain Davis of the Reg commanded by Col Socke in the NC Troops
Pri of Cavalry

Inscribed on the Roll of North Car at the rate of 37 Dollars 69 Cents per annum, to commence on the 4th day of March, 1831.

Certificate of Pension issued the 10 day of April 1833 and sent Joshua Roberts Clk Ashville NC

Arrears to the 4th of March '33        $75.98
Semi-anl. allowance ending Sept. 33  18.99
                $94.97

{Revolutionary Claim, Act June 7, 1832.}

Recorded by E.D. Bullock Clerk,
Book E  Vol. 3  Page 48
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19392
John Merril
NC

admit as private
5 mo Cav       $20.83
5 -  Infy            26.66

$37.49

Griffith Rutherford NC

Joshua Roberts Clk
Ashville
Buncombe 
Co NC
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BRIEF in the case of John Merril 
County of Buncombe in the State of North Carolina
(Act 7th June, 1832.)

1.  Was the declaration made before a Court of a Judge?  Court

2.  If before a Judge, does it appear that the applicant is disabled by bodily infirmity?

3.  How old is he?  75

4.  State his service, as directed in the form annexed.

Period.
In 1778
Vol 1781

Duration of Service.
Years, Months, Days
-5-
-5-

Rank.
Private
Light Horse

Names of General and Field Officers under whom he service.
Gen. Rutherford, Ash.
Capt. Davis, Col. Locke, Capt Craig, Maj. Nelson

Capt. Th Dougan, Major Jas Dougan, Col. Jno Collier

5.  In what battles was he engaged?  None (Skirmish)

6.  Where did he reside when he entered the service?  Guilford Co N.C.

7.  Is his statement supported by living witnesses, by documentary proof, by traditionary evidence, by incidental evidence, or by the rolls?  documentary & traditionary

9.  Are the papers defective as to form or authentication?  and if so, in what respect?  not properly attached

I Certify that the foregoing statement and the answers agree with the evidence in the case above mentioned.

Chs. W. Forrest
Examining Clerk.
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John Merrill
19392
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State of North Carolina Buncombe County 
On this __ day of October personally appeared in open Court before the judge of the 
Superior Court now holding for the County of Buncombe John Merril a resident in the 
County of Buncombe & State of North Carolina aged seventy-five on July last 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 7th 1832.  -- That he lived in the County of Guilford & State of North Carolina, was drafted sometime in the year A.D. 1778, that his officers were then General Rutherford, Frank Locke,  Col., Enock Davis, Captain the Major he does not recollect -- that he joined the Army at Salisbury in Rowan State aforesaid from Salisbury the Army marched to Charlotte Mecklenburg County & State aforesaid -- from Charlotte to they marched to Camden State of South Carolina -- from Camden they marched to the ten mile house near Charleston State aforesaid from the ten mile house then marched to Bacon's bridge on Ashley River thence to Purrysburg on Savannah River -- at that place he was attached to the light infantry and marched to Augusta under command of Capt. James Craig Major John Nelson and Archibald Lytle at which place General Ash joined them with his Army -- from Augusta the Army marched to Bryer Creek in Georgia at which place they had an engagement with the British and were defeated.  He further states that at that defeat there was no general
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engagement that there was a scattering shooting for about three hours -- that Capt. Lytle  under whose command your deponent then was ordered a retreat and after he had retreated your deponent asked Lytle why he did not let his men fire to which Lytle replied that the British were musket & bayonet men and as his men were all riflemen they would have rushed on them with their bayonets -- from Briar Creek they went to Turkey Hill below Augusta not far from the Two Sisters where they joined Rutherford's Army where he remained until the 10th day of April 1779 when his time being out he got his discharge and returned to Randolph County State of North Carolina Guilford County having been in the meantime divided into Guilford & Randolph Counties -- the discharge is herewith filed marked A.  That in the year A.D. 1781 he 
volunteered at the Court house in Randolph County in the light horse under the command of Capt. Thomas Dougan Major James Dougan & Col. John Collier -- that they ranged about the country -- that in that time the company with whom he served had a encounter with Tories in the County of Guilford on the 15th day of April 1781 where he received a severe wound with his sword on his head the marks of which are now to be seen his brother's horse was shot under him and his Capt. then one John Knight received two balls in his head on the 30th of July 1781 he received his discharge as may appear by the discharge here with filed marked B after that time he never was regularly in the service though
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in scouting parties and some rencounters with the Tories. 
I hereby relinquish every claim whatever to a pension or annuity except the present and 
declare that my name is not on the pension roll of the agency of any State. 
                    John X Merrill
                       (X his mark)
Sworn to in open court on the 18th of October 1832 
Where and in what year were you born? 
I have understood from my parents I was born in New Jersey in the year 1757 
Have you any record of your age and if so where is it? 
I have in a Bible I have given to my son who lives on Cane Creek in Buncombe County State of North Carolina about five miles from where I live. 
Where were you living when called into service: where have you lived since the Revolutionary 
War and where do you now live? 
I was living in what was then Guilford County what afterwards became Randolph County from Randolph I moved to Buncombe County where I have lived ever since 
How were you called into service; were you drafted; did you volunteer or were you a substitute, and if in substitute, for whom? 
I have answered in my Declaration 
State the names of some of the regular officers who were with the troops when you served, such Continental and militia regiments as you can recollect and the general circumstances of your service. 
I have answered in my declaration
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Did you ever receive a discharge from the service, and if so, by whom was it given and what has become of it? 
I have answered in my declaration 
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 in your services as a soldier in the 
revolution. 
Richard Roberts, John Lyman and John Williams or any others my neighbors -- I know no one who can testify to my services but my brother Benjamin Merrill who was with me in my tours but he is now sick and unable to come here. 
We Benjamin King a Clergyman residing in Buncombe County & State of North Carolina and Joshua Whitaker residing in the same county and state hereby certify that we are well acquainted with John Merril who has subscribed and sworn to the above declaration that we believe him to be seventy five years old that he is reputed & believed in the neighbourhood there he resides to have been a soldier of the revolution and that we concur in that opinion.
                   B. King Clergyman
                   Joshua Whitaker
Sworn to in open Court
October 18th, 1832
     R. Roberts Clk

And the court do hereby declare their opinion after investigation of the matter & after putting the interrogatories prescribed by the War
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department that the applicant was a revolutionary soldier and served as he states and the Court further certifies that it appears to them that Benjamin King who has signed the preceding certificate is a clergyman resident in the County of Buncombe and that Joshua Whitaker who has signed the same is a resident of the County of Buncombe & that he is a creditable person and that their statement is entitled to credit.

I Joshua Roberts Clerk of the Superior Court of Law for the County of Buncombe, do hereby certify that the foregoing contains the original proceedings of the same Court, in the matter of the application of John Merrill for a Pension.
     In testimony whereof I have hereunto set my hand and seal of my office this 21st day of November 1832.
               R. Roberts Clk
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    January 27, 1933
    xxxxxxxxxxx

    John Merrill-S.7220
    BA-J/AWF

Miss Reba Ashworth
222 Depot Street
Brevard, North Carolina.
Dear Madam:
     Reference is made to your letter in which you request the Revolutionary War record of John Merrill of Buncombe or Randolph County, North Carolina.
     The data furnished herein were obtained from the papers on file in pension claim, S.7220, based upon the Revolutionary War service of John Merrill.
     He was born July, 1757 in the state of New Jersey, the names of his parents are not given.  He was reared in Guilford County, that part which was later Randolph County) North Carolina.
     While residing in said county, John Merrill enlisted in 1778 and served in Captain Enoch Davis' company in Colonel Frank Locke's North Carolina regiment, was in the battle of Brier Creek, Georgia, and was discharged April 10, 1779, after a service of five months.  He enlisted in 1781 and served in Captain Thomas Dougan's regiment, was wounded on his head by a sword, in an engagement in Guilford County, April 15, 1781, and was discharged July 30, 1781, having served five months.  He served afterwards in scouting parties against the Tories, no further details of this service given.
     He was allowed pension on his application executed
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October 18, 1832, then a resident of Buncombe County, North Carolina.
     The soldier, John Merrill, referred in 1832 to his son (no name given) then living on Cane Creek in Buncombe County, North Carolina; and he also referred to his brother, Benjamin, who was with him in his tours of service.  The name of the wife of John Merrill is not given and there are no further data relative to children.

              Very truly yours

              A.D. HILLER
              Assistant to Administrator
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S.F7220
Rev.      N.C.

John Merrill
oath of allegiance
& dis
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Camp Turkey hill April 10th 1779 
This is to Certify that John Merrill has served five months in the Militia from North Carolina to 
the Aid of South Carolina and is hereby Discharged having served as a good Soldier and is allowed 18 Days to return home. 
                            Enoch Davis, Capt.
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Guilford County SS
     I Hereby Certify that John Merrill Haith Volenterly taken and Subscribed the Oath of Allegiance to the Staite of North Carolina as Directed by Jeneral Assembly of North 
Carolina.  As witness my Hand and Seal Daited this 31st day of October—1777  
Jno Collier 
             John X Merrill
              (X his mark)
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State of No.  Carolina 
Randolph County
     This is to Certify that John Marell haith Served a tower of Duty of Five months in the Light Horse Servise For said County Under the Command of Major James Dougan & Capt. Thos. Dougan and is Hereby Discharg’d 
Sertified by Us this 30th of July 1781. 
        James Dougan Maj. 
        Thomas Dougan Capt. 
Sertified by Jno Collier Colo.
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BRIEF objections to the admission of Pension Claims, of which those answered in the negative, in red ink, will apply to the claim of
John Merril 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 when 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 amout of pension he is entitled?
Yes

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
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2
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? Yes

XII. If the clergyman's affidavit has not been produced, is there 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

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 a personal knowledge of the applicant's service? 

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? yes

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 ___ yes ___ months, and ___ days, I served as a ___ For ___ months and ___ days, I served as a ___; and for such service I claim a pension.
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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 just 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.
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State of North Carolina Randolph County 
All to Whom it may concern 
I Do hereby Certify that John Meriel was Raised in said County and was faithful to his Duty both in Time of War & peace until he lost the Sight of one of his Eyes he then made application to the 
Regimental Cormartial  & was Exempted from further Military Service in 
Consequence of said disability. 
Certified by me 
19th August 1799 –  
                 J. Clark Lieut. Colo. Com.
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   222 Depot Street
   Brevard, N. Carolina
   January 3, 1933

Mr. A.D. Hiller, ASsistant
Veterans Administration
Washington, D.C.
 
My dear Sir:
     Will you kindly send a breif (sic) record of the Revolutionary War service of John Merrill.  According to my knowledge Mr. Merrill was a native of Buncomb or Randolph county.
      Thanking you for this favor, I am
                                  Very truly yours,
                                   Reba Ashworth
                                  (Miss) Reba Ashworth

(stamp)
RECEIVED
JAN 19 1933
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7220
Rev War
INVALID.
File No. 7220
John Merril
Priv. Rev. War

Act:  June 7th 1832
Index:-Vol. 1st, Page 253
[Arrangement of 1870.]

1933 - Jan. 27 - Hist to Miss Reba Ashworth
AWS