Revolutionary War Pension and Bounty Land Warrant Application File S. 11,060, for Ezekiel Merrils, Massachusetts
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(3-1776)

SERVICE
Mass

Merrils, Ezekiel

NUMBER
S. 11,060

carded

CONTENTS
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State of New York
Columbia County SS
On this seventh day of August one thousand eight hundred and thirty two, personally appeared before me Walter Patterson one of the Judges of the Court of Common Pleas for the County of Columbia & State of New York, Ezekiel Merrills a resident of the town of New Lebanon in the Count & State aforesaid aged seventy five 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.
That he entered the service of the United States under the following named officers and served as  stated herein to wit that he entered the said service under  the command of Captain Barber in the regiment of Massachusetts militia commanded by Colonel Belamy on the first day of April 1776 and that he was drafted for six months & after the expiration of that time he forewith enlisted or volunteered for two months longer and continued in the service eight successive months and was discharged on or about the first day of December 1776. That he resided in the town of Pittsfield in the County of Berkshire and State of Massachusetts when he entered the service. That he was with his company & regiment at the battle of White Plains in the County of Westchester in the state of New York in the month of October in the year aforesaid. that immediately after the organisation of the company to which he was attached he was marched with them under the command of the officers aforesaid south through the county of Berkshire aforesaid now the County of Litchfield in the state of Connecticut. That they continued their march south through Litchfield
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County into the county of Fairfield until they arrived at a place called Greenfield as he thinks--where he remained about two weeks when his regiment was ordered to march to Fairfield. On arriving at Fairfield they were directly marched back to Greenfield aforesaid where they remained about one week. From thence they marched to Horseneck--from thence to the neighbourhood of White Plains where they joined the army under General Washington. They were stationed for a while on the heights of Valentines hill and assisted in throwing up intrenchments there. they were driven from Valentines hill by the enemy. He recollects that the buildings at White Plains were set on fire and burned by the Americans and that his regiment after the battle at White Plains retreated with the army some miles north westerly from that place and in the month of December in the forepart of the month he was discharged and on his return home was met by his father who started to meet him. That he does not recollect the names of any officers nor of any regiments that served with him except those above stated.
And the said Ezekiel Merrills further states that in the forepart of the month of August one thousand seven hundred and seventy seven and while he resided in the town of Pittsfield
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This is a blank sheet of paper
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aforesaid he again entered the service of
the United States with the intent to
march to Bennington in Vermont & aid in
repelling an attack which it was then rumoured was to be made by the British on that place. - The captain of the company was
Daniel Hubbard of Pittsfield & the Lieutenant
Benjamin Chamberlain of Dalton Massachusetts - They reached Williamstown on the evening of the first day of their march where they encamped for the night  - when they had proceeded as far as Pownal the next day they were informed of the attack made by the enemy on Bennington & their repulse by the americans - His company therefore made
a halt at Pownal for some days & then marched
to Bennington & Hoosick & through Cambridge & finally found the northern army
then under the command of General Gates

He remained with the army and among the
Massachusetts troops until after the surrender
of Burgoyne - was present at the battle of Stillwater and at the expulsion of the enemy

Recollects that shortly before his company
joined the army General Schuyler was superceded in his command of the army and
General Gates appointed his successor - that
Geneal Feazer a British officer was killed &
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that his [general?] was in the night & that the
procession was fired upon by the americans
who supposed it to be some hostile movement
of the enemy - Recollects that General Arnold
was one of the regular officers with the troops at Saratoga & Stillwater - Recollects crossing the Hudson on their march to Join the army - before the house of General Schuyler at or near Stillwater on a sort of floating bridge - soon after the surrender of Burgoine in the latter part of the month of October 1777 he returned with his company to Pittsfield aforesaid - and that he was about on duty during the last mentioned campaign a little more than two months

He was attached to the Massachusetts militia
He recollects the names of no other officers in
the regular army who were with him nor the
name of the Colonel of the Regiment to which he belonged but thinks it was Colonel Jackson of the Massachusetts militia as he marched from Williamstown for Bennington in company with the troops from Pittsfield

And the said applicant further declares that in the month of October in the latter part of the month [inserted: in the year 1778] as he believes - he volunteered
as a private in Captain Hubbards company of
Massachusetts militia-- the name of the Lieutenant was Chamberlain from Dalton a town adjoining Pittsfield aforesaid - on this occasion the militia was called to repel an attack from the enemy reputed from the north and the troops
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was ordered to repair to Stillwater whether he marched with his company and where he remained between five and six weeks except such portion of the time as he was absent in some scouting party. the enemy did not appear. in the latter part of November or the first of December he was dismissed with his company. He recollects being over Walter Walker at Stillwater. That he arrived when after the applicant that he lived in Pittsfield aforesaid when he entered the service at the last mentioned period--Recollects no other officers than those he has named although he remembers that there were some hundreds of men assembled at Stillwater. He has no documentary evidence by which he can prove any of his said service he never received a discharge. He knows of no persons whose testimony he can procure who can testify to his services unless it be the said Walter Walker who now lives in Dalton Massachusetts. and his brother Hozea Merrills and his sister Mary Laurence residents of Pittsfield aforesaid who he thinks will remember his being drafted in the militia in 1776 and his being about eight months and also that he was subsequently absent with the army as a soldier during the war of the war of the revolution. And he further declares that he was born in the town of Hebron--County of Tolland and state of Connecticut in the year seventeen hundred and fifty seven. That he has a record of
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his age made by his father in the family bible now in possession  of Josiah Lawrence of Pittsfield aforesaid. That he is known to the Reverend Silas Churchill, john King the personal member of Congress from tis district & Elam 
Tilden the post master in New Lebanon who lives in the present neighbourhood of the applicant who can testify to his character for veracity and their belief of his services as a soldier of the revolution. That since the war of the revolution he has lived in Pittsfield aforesaid--in Canaan in the county of Columbia and state of New York, and in New Lebanon aforesaid where he now resides and has resided for the last twenty years.
He hereby relinquishes every claim whatever to a pension or annuity except the present and declares that his name is not on the pension roll of the agency of any state.
Ezekeil Merrils
Sworn to & subscribed before me
W. Patterson
Mr. Silas Churchill a clergyman residing in the town of New Lebanon in the County of Columbia and state of New York & Elam Tilden and John King of the same place hereby certify that we are well acquainted with Ezekiel Merrills who has subscribed and sworn to the above declaration. that we believe him to be seventy five years of age. That he is reputed and believed in the neighbourhood where he resides to have been a soldier of the revolution and that we concur
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that opinion.
Silas Churchill
Elam Tilden
John King
Sworn & subscribed the day & year aforesaid.
W. Patterson.

And I the said Walter Patterson Judge of the said Court of Common Pleas for the County aforesaid do hereby declare my 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 & served as he states. And I the said Judge do further certify that it appears to me that Silas Churchill who has signed the preceding certificate is a clergyman resident in the town of New Lebanon in the County of Columbia & state of New York and that Elam Tilden who has also signed the same is a resident in the same town of New Lebanon and is a post master therein and is a credible person. and that John King who has also signed the same is a resident of the same town of New Lebanon is the member of Congress for the district in which he lives and is a credible person and that their statement is entitled to credit. And I do further certify that the above named applicant cannot from bodily infirmity attend the court and also that the two persons whose certificate is required pursuant to the instruction from the War Department cannot be produced in court without too much inconvenience and expense to the said applicant.
W. Patterson one of the Judges &c
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At a Court of Common Pleas held at the Court House in the City of Hudson in & for the County of Columbia and state of New York before the Judges of the same Court, of the time of September one thousand eight hundred & thirty two.
The said Court do hereby declare their opinion that the above named Ezekiel Merrills was a revolutionary soldier and served as he stated. And the Court further certifies that it appears to them that Silas Churchill who has signed the preceding certificate is a clergyman resident in the town of New Lebanon in the County of Columbia & state of New York and that John King who has also signed the same is a resident of the same town of New Lebanon & is a credible person. And that Elam Tilden who has also signed the same certificate is a resident of the said town of New Lebanon is likewise a credible person and that their statement is entitled to credit. And the said court do further certify that in their opinion the two persons whose certificate is required pursuant to the instructions from the war department cannot be produced in court without too much inconvenience & expense to the said applicant.
Jos. D. Monell Clerk

Columbia County Jr. I Joseph D. Monell Clerk of the Court of Common Pleas in and for the said County of Columbia do certify that the within contains the original procedings of the said Court in the matter of the application of Ezekiel Merrills for a pension. I further certify that Walter Patterson Esquire before whom the within affidavits purport to have been made and who has executed the within certificate was at the time a Judge of said Court, that I am acquainted with his hand writing and that his name subscribed to said affidavits and certificate is his proper hand writing and signature. In testimony whereof, I have hereunto set my hand and affixed the seal of said Court this 12th day of October 1832.
Jos. D Monell, Clerk
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State of New York
Columbia County SS.
On this thirteenth day of August one thousand eight hundred and thirty two personally appeared before me Ira Hand a Justice of the peace of the town of New Lebanon in the County of Columbia and state of New York Hozea Merrills of the town of Pittsfield in the County of Berkshire & state of Massachusetts. who being first duly sworn according to law doth on his oath depose and say that he is a resident of the town of Pittsfield aforesaid and is seventy two years of age-that he is the brother of Ezekiel Merrills of New Lebanon in the County of Columbia and State of New York and both of them lived with their father in Pittsfield aforesaid in the forepart of the year 1776. That some time in the spring of 1776 the ^said Ezekiel was drafted as one of the militiamen raised by the State of Massachusetts & it is his impression & he verily believes it was for the term of five months. That very soon after the draft he marched with his company under the command of Captain Barber who deponent well knew & Colonel Beldingfor White Plains in the County of Dutchess & state of New York. That at the expiration of the term of service for which the said Ezekiel was ordered out his father had made preparation for sending the deponent after the said Ezekiel, but at that time one Robert Francis who had left Pittsfield in company & in the same service with the said Ezekiel returned home and informed deponent and thee family that the said Ezekiel had enlisted
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or volunteered for two months longer. That at the expiration of the said two months deponents father went after the said Ezekiel returned home in company with him and said that he found the said Ezekiel before he arrived at White Plains returning home.
And the deponent further says that he well recollects that the said Ezekiel was gone from home eight months and that he was (smudged) months longer than he at first was drafted for.
and the said deponent further says that he also recollects that in the summer of 1777 his brother the said Ezekiel went to the north (illegible cross out) in company with and as one of the soldiers who left Pittsfield at that time for the army.  That he was absent for some time but how long he does not remember. he recollects that on his return home he told of having been at Bennington & Hoosick of crossing the Hudson on a floating bridge, or being at the battle of Stillwater & the surrender of Burgoine. this deponent and the family & neighbours believed and deponent still believed that the said Ezekiel was in the army of the revolution and served as he stated at the time and further the said deponent says not.
Hozea Merrill
Sworn before me & subscribed to this 13 day of August 1832.
Ira Hand, Justice
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By consent of Hon. J. King service in Nov. 78 to be (illegible) at 1 mo.

Admd. 
11 mo pri
$36.66
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State of New York
Columbia County SS
On this thirteenth day of August one thousand eight hundred and thirty two personally appeared before me Ira Hand a Justice of the peace of the County of Columbia & state of New York Mary Lawrence who being first duly sworn according to law doth on her oath depose and say that she is seventy two years of age. That she resides in the town of Pittsfield in the County of Berkshire and State of Massachusetts. That she is the sister of Ezekiel Merrills now a resident of the town of New Lebanon in the county of Columbia and state of New York an applicant for a pension under the act of Congress passed June 7th 1832. That in the year 1776 she resided with her father Gad Merrills in the town of Pittsfield aforesaid and until sometime in the spring of that year her said brother Ezekiel Merrill was also a member of her fathers family & resided with him. That in the spring of the said year 1776 the said Ezekiel was drafted as a militiaman raised by the State of Massachusetts for the term of five months according to the best of her recollection. That the said Ezekiel marched for White Plains in the State of New York under the command of Captain Barber in Colonel Beldings regiment & with the troops raised in his neighbourhood. that the said Ezekiel did not return at the expiration of the five months in company with those who marched from home with him, but she then understood that he had volunteered or enlisted to serve two months longer
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longer and the said Ezekiel did not return home until after the expiration of eight months. That word was brought to her father by the soldiers who went from home with the said Ezekiel but who returned after the expiration of their engagement. That the said Ezekiel had volunteered or enlisted for two months longer in consequence of which she said Ezekiels father omitted to send for him in pursuance of arrangement he had made for that purpose. That she recollects hearing the said Ezekiel immediately after his return from the said campaign which was in December of 1776, that he had been engaged in the battle of White Plains & that he related incidents which he said (illegible) his own observation during the battle. And the said Mary Lawrence further says that she recollects her said brother Ezekiel in the year 1777 went with the militia raised in the town of Pittsfield upon a tour of duty at the north and in the State of New York, that the said Ezekiel told when he came home that he had been at the battle of Stillwater and was at present at the surrender of Burgoine. It was believed in the family and in the neighbourhood and by the said Mary Lawrence that the said Ezekiel had served in the army of the revolution as stated by him, and that he was present at the several engagements as stated by him. And she further says that when he returned home in December 1776 from White Plains it was in company
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with his father who as she understood at the time met the said Ezekiel on the road homeward. And further the said Mary says not.
Mary   X  Lawrence
her mark
Sworn & subscribed to this day of August 1832 before me
Ira Hand Justice

State of New York
Columbia County SS
On this 19th day of August 1832 personally appeared Mary Lawrence the signer of the foregoing (illegible cross out)) deposition to me known as a credible person & subscribed to and made oath before me of the truth of the facts contained in said deposition.
Ira Hand Justice

State of New Your
Columbia County SS
I Joseph D. Monell Clerk of the said County do certify that Ira Hand Esq before whom the preceding affidavit purports to have been sworn, was, at the date of the same one of the Justices of the Peace in and for the said County. And that I am acquainted with his hand writing and verily believe his name subscribed to the said affidavit to be his proper hand writing and signature.
Witness my hand and Seal of office this 18th day of October 1832
Jos. D. Monell
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82ber if the Regt. commanded32
New York
Ezekiel Merrill
of N. Lebanon in the State of New York who was a Private in the Company commanded by Captain Barber of the Regt. commanded by Col. Belding in the Massachusetts line for 11 months.
Inscribed on the roll of New York at the rate of 36 Dollars 66 Cents per annum to commence on the 4th day of March 1831

Certificate of pension issued the 21 day of Mar 1833 and sent to I,H (cut off)
N. Lebanon

Arrears to the 4th of Mar '33 $73.32
Semi-anl. allowance
ending 4 Sept. '33                 18.33
$91.65

[Revolutionary Claim}
{Act June 7, 1832}
Recorded by Jno . Cromwell
Book E. Vol. 4 Page 25
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11.060
Rev. War 
INVALID

File no. 11,060
Ezekiel Merrils
Pri Rev War
Act: June 7th 32
Index: Vol. A, Page 254

[Arrangement of 1870]
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BRIEF objections in the admission of Pension Claims, of which these answered in the negative, in red ink, will apply to the claim of Ezekiel Merrils which require further proof or explanation.

1. 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 amount of pension he is entitled? 
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 to 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 with 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?   ----
XII. 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? -----
XIV. (t) 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? Yes
Has the proper officer certified to the official character and signature of the magistrate as the regulations direct? Yes
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? Yes
XVI. (tt) Are the papers authenticated as the regulations direct?  (? crossed out)
XVII. Are the seven interrogatories prescribed by the War Department answered satisfactorily? and, if no, 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.......year ........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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3

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 shown under what officers the applicant served; the duration of each term of engagement; the particular 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.
(t)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 certified by the proper officer, under his seal of office.
(tt)QUERE XVI. Mode of authenticating papers.
In every instance where the certificate of the certifying office 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 New York
Columbia County SS
On this ninth day of August one thousand eight hundred and thirty two personally appeared before me Ira Hand a Justice of the peace of the County aforesaid & state abovenamed Walter Walker of the town of Dalton in the County of Berkshire and state of Massachusetts-who being first duly sworn according to law doth depose & say that he is seventy three years of age and resides in the town of Dalton aforesaid into which place he removed in the year 1778 & resided with a brother living there-Ezekiel Merrils of the town of New Lebanon in the County of Columbia and state of New York, then lived in the town of Pittsfield County of Berkshire & state of Massachusetts and at the distance of about one mile from where deponent resided. this deponent was there & ever since has been well acquainted with the said Ezekiel Merrils. The said Ezekiel then lived in his fathers family who was also well known to deponent. This deponent was told by the family of the said Ezekiel & understood from the said Ezekiel himself repeatedly that the said Ezekiel was at the battle of White plains as a soldier in the year 1776-that he was drafted as one of the Massachusetts militia and that he had done duty during that campaign for eight months. He also understood from the different members of the family of the said Ezekiel & from the said Ezekiel himself
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that (illegible) days prior to the battle of Bennington in the `1777 that the said Ezekiel had volunteered or was drafted (Which he dies not remember) and marched with a company of militia or volunteers for Bennington and that  before they arrived there they heard of the attack made by the British on that place and of their defeat-that he went from there with his company into New York & joined the northern army under General Schuyler or General Gates and was at the battle of Stillwater and the surrender of Burgoine and that he served during that campaign somewhere about two months. And the said Walker further says that sometime about the latter part of October or the first of November in the year 1778 he was a private in a company of militia raised in Pittsfield aforesaid and also from Dalton above named under the command of Jack Stevens. The company was raised and ordered to march to Stillwater to repel an expected attack from the enemy. Deponent marched with said company to Stillwater where he remained four weeks. He was about four ^or five weeks or thereabout. And he further says that Ezekiel Merrils aforesaid was also there and that he the said Walter Walker saw him then. He recollects that the said Ezekiel was there-the more particularly from the fact that they went together from their encampment to (illegible) Heights which was about six miles distant. Deponent went from motives of curiosity and the said
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Ezekiel accompanied him as a guide and while on the battle ground related to deponent many incidents that occurred during the engagement and under his own observation. He particularly pointed out a spot where two field pieces as he said were taken from the enemy & then retaken by the British & taken again from them by the Americans. He also pointed out a breastwork over which he said General Arnold leaped his horse in storming the enemys camp. This deponent had no doubt at the time when he heard the relations above stated but they were true. They were  believed in the neighbourhood where they lived and deponent more verily believed they were true and that the said Ezekiel Merrils did duty as a soldier at White Plains & Stillwater for the several terms of time & in the manner stated by him. Deponent well recollects that the said Ezekiel was a soldier with him at Stillwater in the year 1778 as above mentioned but he cannot state distinctly how long he was there-nor when he came nor when he went but believes he must have joined the same company with deponent and at the same time from the fact that there was then but  our company at Stillwater from Pittsfield at the time
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Deponent also recollects that there was at Stillwater at the time aforesaid a company from Richmond adjoining Pittsfield aforesaid and which belonged to the same regiment. The name of the Colonel who commanded the regiment he does not remember and further the said deponent says not.
Walter Walker
Sworn to & subscribed before me the day & year first above written
Ira Hand Justice

State of New York
Columbia County SS.  (faded)
On the ninth day of August 1832 personally appeared Walter Walker the signer of the foregoing deposition to me known as a person of truth and veracity & subscribed to & made solemn oath before me of the truth of the facts contained in said deposition.
Ira Hand Justice

State of New York
Columbia County Ss. I Joseph D. Monell Clerk of the said County do certify that Ira Hand Esq. before whom the preceding affidavit purports to have been sworn, was at the date of the same, one of the Justices of the Peace in and for the said County. And that am acquainted with his hand writing and verily believe his name subscribed to the said affidavit to be his proper hand writing and signature.
Witness my hand and Seal of office this twelfth day of October 1832.
Jos. D. Monell
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State of New York
Columbia County SS.
On this 13th day of August 1832 personally appeared Hozea Merrill the signer of the foregoing deposition to me know as a person of truth and veracity & subscribed & made oath before me of the truth of the facts contained in said deposition.
Ira Hand Justice of the Peace

State of New York
Columbia County Ss. I Joseph D. Monell Clerk of the said County do certify that Ira Hand Esq. before whom the preceding affidavit purports to have been sworn, was at the date of the same, one of the Justices of the Peace in and for the said County. And that I am acquainted with his hand writing and verily believe his name subscribed to the said affidavit to be his proper hand writing and signature,
Witness my hand and Seal of Office this 18th day of October 1832.
Jos. D. Monell