Revolutionary War Pension and Bounty Land Warrant Application File R. 7,582, for John D Nellis, New York
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(3-1776)

SERVICE
New York

Nellis, John D.

NUMBER
R. 7582
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34,963
In the matter of John D. Nellis an applicant for a Pension under Act 1832
_________

B.P. Johnson Agent
Rome. N.Y.

Care 
Hon JG Floyd
Member Rep.

[March?]
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State of New York
Oneida County On this 11 Day  of December 1839 personally appeared before the Court of Common Pleas of said County. being a court of record by statute, now in session, John D. Nellis a resident of Whitestown, in said county aged 84 years. 10 Decr instant, 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 entered the Service of the United States under the following named officers and served as herein stated.
That he was born in Cangiheim now Oppenheim Montgomery Co. NY on this 10 day of December 1755-That his age  is recorded in the family bible of his fathers now in his possession - 
That he was living at that Town of Cangiheim when first called into Service and resided there until about 1781 when he removed to Minden in the same county and remained there until 1808. When he removed to Lenox Madeton  NY and from there in 1816 to Whitestown afoursaid where he now resides.
(1775 2 weeks left margin entry)
That about the year 1775, though he cannot  state the precise time; he was called out and he believes, all the regiment was called out, and went to a place called Remubingdussbush  now Royal Grant in Herkimer County N.Y.  in Col Jacob Klocks Regiment, in Capt John Hess Company, but the other officers not noticable and served according to the best of this deponents belief at least two weeks
That the same years according to his best recollection he was called out a volunteer
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One Week (left margin entry)
in Capt Hess company on a scouting party to a place called Jersey Field. Herkimer co-and was in service at least one week.

Two weeks (left margin entry)
That the next was he believes in summer and he was called out with company under Capt Ness and was marched on what is called Fall [Kill?]on the Mohawk River and stationed near the residence of the late Gen Herkimer, under whose command they were at the time, of his best recollection for the term of two weeks.

Two weeks (left margin entry)
That not far from the same time Col Klocks Rgmt was called out and this deponent belonging thereto, went to a place called Fort Honn or Fort Plank, near Fort Plain and was in the service at this time at least two weeks.

One week (left margin entry)
That not far from this same time he was called out and stationed at Stone arabia and was in actual service at that time at least one week.

Three months (left margin entry)
That he also in the fore part of the war, each company was required to furnish a certain number of men either by draft or volunteer. That this deponent volunteered the term and marched to Fort Dayton, Herkimer Co.  and remained there in actual service, to the best of his recollection three months.

That he believes the next winter another draft was made, and this deponent volunteered from Captain Hess company, and he thinks it was a 3 months draft and that they were taken in sleighs to Ticonderoga. That the draft was made the first part of winter and he recollects the ice was about
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Three months (left margin entry)
breaking up when they were discharged and they were obliged to wade a creek in their return- Capt Waggoner commanded on one section, and That he was in the service at this time he thinks at least three months 

Three months (left margin entry)
That in the year 177[9] when Burgoyne was taken a draft was taken from the company to which this deponent belonged and he believes Capt John Hess was in command. This deponent volunteered and went to Saratoga under Capt or Lieut Waggoner, and was discharged a short time before the battle at which Burgoyne was taken and this deponent was then in Service according to his best recollection at least three months 

Two weeks (left margin entry)
In the year 1777 and as he believes in August he was called out with the whole of Col Klocks Col Waggoner and Col[faxs?] Regiments in Genl Herkimers Brigade and was called to go to Fort Stanwix, and attacked near Oriskany Creek by the [ink blot] and Indians, in what was called the Oriskany battle, and when Gen Herkimer was mortally wounded. this deponent was in the heat of said battle, and returned home after serving about two weeks 

One week (left margin entry)
that this deponent was in Johnstown Battle, as he believe in 1780 & in Captain Adam Lakes Co and was in the heat of battle and was in actual service here [ink blot] week 
John Tordons affidavit
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One year (left margin entry)
That while this deponent lived in Cangiheim and up to the year 1780 this deponent lived as a neighbor to Colonel Klock & within about one 11 will of him and this deponent kept horses and was employed by Col Klock as his express rider, whenever the Col was called out & often when he was not called out, and who was as engaged as an express Rider, instead of going as a private in Capt Hess company and went various places at different times as he was called on for that purpose, and furnished himself with arms and accoutrements and kept himself in readiness at all times to when called on to carry expresses and was detailed by Colonel Klock for that purpose and had his orders to that effect and that in this service this deponent was engaged as such express rider at least one year- and he refers to affidavit of Henry Smith into this service - 

Two months (left margin entry)
This deponent cannot State with more particularity these services rendered by him, but he service an addition as much as two months in other services the particular times he cannot state 
This deponent married the widow of Solomon Keller Feby 15. 1780- who was killed in Oriskany batte August 1777
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Two weeks (left margin entry)
and that in 1780 and soon after the marriage he went from  Cangiheim to Fort Stanwix under the command of Capt John Hess and that while he was absent in this campaign the Indians and Tories  burned Fort Plain and farms then  burned the house and barn of the wife of this deponent  - and the time of service at this time was at least two weeks - 

Two weeks (left margin entry)
This deponent knows and was present at the time and saw the burning of his father David Nellis  house and barn set on fire by the Indians and Tories 

That he served he fully believe in the whole of at least two years two and a quarter months, being only such part of the time while he was express rider the time as such express rider he was  in actual and bonafide service 

That he has no knowledge of any other witnesses that John Gordon and Henry H Smith, whose affidavits an hereto annexed and which he begs leave [on fee?], as shewing clearly his Services, in many difficult and trying Scenes and occasions 
John D Nellis
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He hereby relinquishes every claim 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 

And he further States that the reason why he has not made application for a pension at an earlier day has been his extreme old age and infirmity which prevented him from personally attending to it, and his son Bennard Nellis upon whom he retired to attend and find if he could such of the witnesses, as might be living has been unable until lately attend to it - and as soon as he could conveniently  he obtained the affidavits hereto annexed -  and the present is the first term of the Court that this deponent can make application since said affidavits were presented.
John D. Nellis
Sworn and subscribed} 
the day and year aforesaid} 
James Dean  Clk
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The following Interrogatories - an amendment by the declarant as follows 

1. Where & in what year born 
Ans. in the year 1755. Canajoharie - 

2. Have you a record.
Ans.  Is in family bible 

3. Where living when called into service &  
at Cangiheim and Minden - and first in Lenox ny  Whitestown ny 

4. How called into service . 
usually volunteered - particulars in declaration- 

5. Names of officers 
Col Klock, Genl Herkimer. Capt Hess. Capt & Leiut Waggoner- 

6. Discharge 
never received any discharge in writing - 

7. Persons known  [illegible]
Rev J. Frost  I.C. Baker Esq Dis & atty
and PostMaster Charles Tracy Esq atty and Counsellor at Law. Fortune C White Supervisor of Whitestown   S. Newton Dexter Prest. Whitestown Bank 
John D Nellis

Sworn and Subscribed}, 
the day year aforesaid}
J Dean Clk.
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We Ichabod C Baker District Attorney of the County of Oneida and Charles Tracy Counsellor at Law residing in  the County of Oneida, and the said Baker at Whitestown and the said Charles Tracy formerly at Whitestown, but now at Utica in said County do hereby certify that we are well acquainted with John D Nellis who has subscribed and sworn to the above declaration 
that we believe him to be about 84 years of age that he is reputed and believed in the neighborhood where he resides, to have been a soldier of the Revolution in the Militia Service, and that we concur in that opinion 
Charles Tracy
Ichabod C Baker

Sworn to by said Charles 
Tracy and the said 
Ichabod C. Baker 
affirmed the day and 
year aforesaid 

James Dean Clk 
Oneida Com Pleas
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And the said Court do hereby declare their opinion, after investigating 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 Ichabod C Baker and Charles Tracy who have signed the preceding certificates are credible persons residents of said County, and their statement is entitled credit. 

James Dean Clerk of the Court of Common Pleas of said County do hereby certify that the foregoing, contains the original proceedings of the said Court, in the matter of the application of John D. Nellis for a pension  

In Testimony whereof I have hereunto set my hand and seal of Office this 11th day of December 1839. 
James Dean Clk
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 State of New York} 
Montgomery County }

Henry H Smith being duly sworn days that he aged Seventy one years and Eleven months and resides in the now town of Minden in said County State & has lived in said town for the last sixty years - and that at the commencement of the Revolutionary war he resided in the family of David Nellis who was the father of John Nellis who likewise resided in in the same house & family with his father- 
and deponent further says that he was the bed fellow of said John D Nellis at all times when said John D Nellis was at home, and he recollects and knows of his own knowledge that said John D Nellis in the fore part of the said Revolutionary war for about two years acted and did duty as a private in the Militia under the direction of Congress, service in different Excursions against the enemy & Tories & Indians & deponent recollects that said John D Nellis about the time of the Oriskany Battle left home and after some weeks returned and that it was talked of at the time and was generally understood in the neighbourhood that said John D Nellis was at and fought in the said Oriskany Battle - and also that the father of deponent was also in said Oriskany Battle, and deponent further says that he knows that said John Nellis did after the Oriskany Battle do duty & serve in the Capacity of Express rider. carrying Letters and dispatches to and from both Colonel Jacob Klock and Colonel Waggoner -  to and from the different settlements. & Military parts & Station in the vicinity. Deponent knows of his own knowledge that he was so employed and that deponent has taken care of & fed the horse and horses which
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said John D. Nellis rode & used in carrying said dispatches and letters and that frequently and often when said John D. Nellis returned from any Express Excursion he was fatigued and tired and then deponent took the Dispatches & Letters from said John D Nellis at his fathers house and delivered them as directed some times to Colonel Jacob Klock and other times to Colonel Waggoner 
and Deponent says that in the latter part of the Revolutionary War said John D Nellis removed from the Town of Palatine to Ft Plain being about three miles -  and that said John D Nellis married the widow of Solomon Keller who was killed in the Oriskany Battle and that he knows and saw the house & barns of David Nellis (the father of said John D Nellis) were burned by the Indians & Tories and that he heard that the house & barns of the wife of the said John D Nellis were likewise burned by the Indians & tories about & at the time they were burned and Deponent further says that was personally known to said John D Wills at the time above mentioned and that he has continued to know him from that time up to the present day and further this Deponent says not 
Harry H Smith

Subscribed and Sworn before me}
this 14th day of October AD 1839} 
Stephen Yates
Judge of Montgomery County Courts & of the degree of Counsellors in the Supreme Court 

New York}
Montgomery County} 
On this 14th day of October AD 1839 Henry F Smith to me known to be the person described in
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and who signed & swore to the foregoing affidavit came before me & signed & swore to said affidavit and I do further certify that I know the said Henry H Smith to be a highly respectable farmer and of good moral character and that his statements are entitled to full credit and belief 
Stephen Yates
Judge of Montgomery County 
Courts & of the degree of 
Counsellor in the Supreme Court 

State of New York
Montgomery 
County Clerks office ss 
I do hereby certify that the above named Stephen Yates Esquire whose name os Subscribed to the Jurat of the foregoing affidavit it was on the day of the date thereof a Judge of the Montgomery County Court as therein Stated and duly authorized by the Laws of said State to administer Oaths and that his Signature Subscribed to the same is genuine 
In Testimony whereof I have hereunto set 
my hand and the seal of my office this 15th day of October 1839 
A Conure Clerk
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State of New York
Oneida County
John Gordon being duly sworn says that he is aged eighty one years and above one month and and resides in the town of Canajoharie in the County Montgomery, and has lived there ever since the Revolutionary War and during the said war. Deponent further says that during the latter part of the said war, John D Nellis lived at Fort Plane in the town of Minden in said County but at that time [illegible] in the town of Cangiheim 
Deponant was well acquainted with the said John D. Nellis from his first residence at Fort Place and has been so acquainted up to the present time - and that the wife of the said Nellis is this deponent's aunt, and before her marriage with said Nellis was the widow of Solomon Keller who was killed in the Oriskany Battle during the war; and about two or three years after she was married to the said 
Nellis  after which and during the war the house and barn of the said wife of John D Nellis aforesaid were burnt and as was understood by the Indians -  this deponent says that on the 25th day of October 1781 this deponent was engaged the service of the United States in the militia, in the battle of Johnston in the 
Company commanded by Captain Adam Lipe of Fort Plane in which battle this deponent was wounded and returned home, having been at that time away about about four days 
Deponent further says that the said John D. Nellis was in the in same service at same time and in the same company the regiment being commanded by that time by Colonel [Willits?] of the regular army.   Colonel Clyde, the Militia Colonel of the Regiment, not being present. Deponent further says that he and the said John D. Nellis marched in the same Company from Fort Place to Johnston on the occasion aforesaid as were both engaged in the said battle - that when deponent left Johnston being wounded as aforesaid, he left the said Nellis there with the said Company and and not know at what time he returned from
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that time of Service. Deponent further says that both before and after the battle Johnston he and the said Nellis  were together on duty as soldiers of that militia in [illegible] defence of the County, at Several official times - that an answering of alarms  the militia were called often by order from the militia of any, and at times were called by the sign of firing a cannon. Then services were reviewed at Fort Plane, and under command of Captain Adam Lipe above [named?]
Deponent further says that in the year 178[6] he obtained a certificate for a pension, on account of his wound received as aforesaid at Johnstown,  and continued to receive pension thereon until he afterwards obtained a pension for services about the year 1833. 
John Gordon
his X mark

Sworn this 9th day of 
October 1839 before
me 
Chester Hayden 
First Judge of the County Courts of 
Oneida County 

Clerks Office} 
Oneida County} 
I James Dean Clerk of the said County certify that Chester Hayden Esquire was 9th day of October 1839 First Judge of the County Courts in & for the said County that the signature above written purporting to be his is genuine. 

In testimony whereof I have hereunto affixed the seal of the Court of Common Pleas of the said County & Subscribed my name 
October 9th 1839  
James Dean Clerk 
by James Edgar Dep. Clerk
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New York
John D. Nellis 

[let] to Hon J.G. Floyd 27. Jan 1840

do   same  June 28. 1840 

do  to H.K.W. Bruce March 7 ‘45

7582

Act Jan 1832
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7582

P.O.___________
John D. Nellis
Service:_____________________

(Office stamp). REJECTED

Enlisted:____________,18 
Discharged:__________,18 

Application filed:_________,18

Alleges_____________________
___________________________
Re-enlisted_________________
___________________________ 

Attorney:___________________
P.O.________________________

_____Recognized. ____Contract.

____Cert. of Dis.   Searched for ____,18
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House of Representatives 
Jany 24- 1840 

Sir

I have the honor to send herewith the papers in the application for a pension by John D. Nellis of Whitestown Oneida Co. N.Y. which I have received from B.P. Johnson Esq of Rome, in said County 

Please to and send me the certificate of pension or if not inform me what further proof is  necessary - 

With much respect
Yr Obt Srvt
Jon G Floyd 

Hon J.L. Edward’s
Coms of Pensions
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House of Reps 
June 21-  184[1?]

Sir

The certificate herewith enclosed I recd from B. J. Johnson of Rome N. Y. and is by him supposed to furnish the proof required by your letter of Jany 27, 1840 in the case of the application of John D Nellis for a pension -
If found sufficient please to forward to me the proper certificate 

Very respectfully
Yr Obt Srvt 
Jon G Floyd

Hon J L Edward’s
Coms of Pensions 

(Notation)
Hess- frequently
Waggoner 3 mos.
3-77
Liepe
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Lenox N. York Feb 24. 1845 

Dr Sir

I am desirous of knowing what proof will be necessary to entitle John D. Nellis to draw a pension from the United States Government. Said Nellis was an Express Rider in the Revolutionary war & was also in the Oriskany Battle under the command of Genl Herkimer.

Said J. D. Nellis is now living & is desirous to obtain information as to the necessary proof required at your office. Please be so kind as to give the needed information 

Also the same information is desired as to the service of Solomon Keller.  Said Keller was a minute  man in the same war & also in the Oriskany Battle & then & there lost his life: Has the widow any claim on the governments for his serve by way of pension or in receiving a grant of Land?   If so please mention what will be demanded by way of proof [then?]
& much Oblg your 
Obedian Servant 
H.K. W. Bruce 

Hon J.L. Edwards 
Comm. of Pensions
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John D. Nellis
Page 23

I David L. Ogden Pastor of the Presbyterian Church and Society in Whitestown in the County of Oneida, and do hereby certify that I am well acquainted with Mr John L Nellis of said Town - and that I believe him to be about 84 years of age, that he is reputed and believed in the neighborhood where he resides, to have been a Soldier of the Revolution, in the militia service and that I concur in that opinion 
David L. Ogden

Sworn before me 
This 16th day of Decr 1839 
and I certify that I am well 
acquainted with the Rev 
David L. Ogden and that he 
is a Clergyman of great 
respectability 
Nat F.Edgerton 
Justice of the Peace
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The number and amount of certificates  issued by the Treasurer of the State of New York for levy’s and militia  services continued from Books II. III. & VII

To whom given

1782 July 20/ 11440. John Nellis.    / /17/9
1779 Dec 31  /18737. John Nellis.     /14/2
1782 Dec 31  /19047. John Nellis    1/13/3
    “    Oct 26 /38333 John Nellis.   4/14/2 1/2
“.  “.        “.      /38350.John Nellis.   2/11/

State of New York 
Comptrollers Office 
Albany March 10. 1840 

I hereby certify the above to be true extracts from book No 3. 4. & 8. now remaining in this Office and also that it appears from the same books that the said Nellis served the first above mentioned term under Capt Adam Leipe and Lt Jacob Mathias the second do under Capt John Layson and Lt Nick Copernal the third do under Capt Henry Miller and Lt Samuel Van Etten the fourth do under Capt Philip Helmer and Liet John Eigenbroat and the fifth do under Capt Peter Wagner and Liet George Wagner and that it also appears that Albert Pawling was a Col. Commdt on 25 Decr 1779 and that Marinus Willet was a Col Commdt on the 31 December 1782, 
W.W. Tredway 
Deep Comptroller