Revolutionary War Pension and Bounty Land Warrant Application File S. 14,017, for Joseph Nellis, New York
Page 1

Service: New York
Nellis, Joseph
Number: S. 14017
Carded
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Left side:
dead. See letter to M. Sanford
Nov. 20 1834

Right side:
24,150
New York
Joseph Nellis
of Oppenheim in the State of New York
who was a Private in the Comp. commanded
by Captain [blank] of the Regt. commanded
by Col. [blank] in the New York 
line for 10 months and 22 days

Inscribed on the Roll of New York
at the rate of 35 Dollars 75 Cents per annum,
to commence on the 4th day of March, 1831.

Certificate of Pension issued the 6 day of Nov. 
1833 and sent to G.D. Ferguson
Palatine

Arrears to the 4th of Sep. '33. $89.37
Semi-anl. allowance ending 4 M. '34  17.87
[=] $107.24

{Revolutionary Claim,}
{Act June 7, 1832.}
Recorded by Go. C. Stiles Clerk,
Book E, Vol. 4, Page 107.
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13,677
Affidavit of Joseph Nellis
Sworn
75
Page 4

State of New York} 
Montgomery County ss }
On the Nineteenth day of Sept 1832 Personally appeared in Open court, before us, the court of Common Pleas now sitting Joseph Nellis a resident of the town of Oppenheim in the County & State aforesaid formerly the County of Tryon Aged Seventy three years the 17th day of April last past and who being duly sworn according to Law, doth on his oath make the make the following declaration in order to obtain the benefit of the Act passed by Congress June 7th 1832. That he entered the Service of the United States under the following officers here mentioned, and Served as herein stated, that in January 1775 he went in Company with Genl. Schuyler to Herkimer for the purpose of holding a treaty with the different tribes of Indians which took about fourteen days, from which time he always kept himself in a State of readiness untill untill the Sixth day of August 1777 And that he was enroled in the year 1775 in a company of Militia commanded by Capt John Hess belonging to Colonel Jacob Klocks Regiment and that Said sixth day of August 1777 he the Said Joseph was ordered out to Oriskany Battle but that when he was on his way he was recommanded to the Indian Castle in Minden now
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in Herkimer County, formerly Tryon County, where he Stayed as one of the guard for some time but uncertain as to the length of time - And that in November 1778 he went as a private in Captain John Hess Company to the Siege of Cherry Valley and pursued the enemy how long he does not recollect, And that he was once Stationed at Fort [illegible] As A Draft for about three weeks and at Riemasneders [Remensnyder's] Bush Fort for Several Weeks as A guard to protect Said Forts both having been in the County of Herkimer formerly the County of Tryon. And also that he was Stationed at Fort Plank for Some time but the years & length Of time he does not particularly recollect. And that he was engaged in pursuing the Enemy composed of A Party of Tories and Indians who destroyed lives and buildings at Zimmermans Fort in now Oppenheim then Palatine for about thirty Miles into the Wilderness. And that in October 1780 he was engaged in Brown's Battle on the retreat of the enemy from Stonerabia [Stone Arabia] in Palatine to the west at the engagement commonly called Failings and Klocks Battle. And that he was also engaged as a teamster under the orders of General Sullivan in conveying boats from the Mohawk to Lake Otsego; And Also by order of Col. Willet he was engaged As A teamster to Supply
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Fort Plain With wheat from Turlock - And that in the Supplying of Fort Stanwix he was also employed as a teamster to furnish provision for the United States Troops, and that in the forepart of the Summer Season in the year 1781 he went in aid of Colonel Willet to Turlock in Schoharie County but arrived after the Battle was fought when he with others finding found a young man by the name of Diefendorf who was Scalped & that him & those who were with him returned with Diefendorf.  And that in the Month of October in the last mentioned year he the Said Joseph was in Johnstown at the Hall Battle otherwise called Willetts Battle; under the command of Colonel Willet during the Battle. And that in conformity to the Resolution of Congress passed May 27th 1775 he during the whole of the Revolution did keep himself armed and equiped with A Musquet Powder and Balls ready at a moments warning according to Said Resolution. And that this Claimant Herby [sic] relinquishes every claim Whatever to a Pension or annuity Except the present, and declares that his name is not in the Pension Roll of the Agency of any State.
[Signed] Joseph Nellis
Sworn to and Subscribed, the day and year Aforesaid 
[Signed] Geo: D. Ferguson, Clerk 

We Isaac S. Ketcham Clergyman residing in the Town of Palatine and Joseph Waggoner residing in the Town of Minden herby [sic] certify, that we are Well acquainted with Joseph Nellis who has Subscribed and Sworn to the Above declaration, that we believe him to have been Seventy three years aged the 17th April last past, 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. 
[Signed] Isaac S. Ketcham
[Signed] Joseph Waggoner
Sworn and subscribed the day and year aforesaid 
Geo: D. Ferguson, Clerk
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And the said Court do hereby declare their Opinion, after the Investigation of the matter, and after putting the Interrogatories prescribed by the War department, that the above Named Applicant was A Revolutionary Soldier, and Served as he States - and the Court further Certifies, that it appears to them that Isaac S. Ketchum who has signed the preceeding Certificate is a Clergyman resident In the town of Palatine and that Joseph Waggoner who has Also Signed the Same is a resident of the Town of Minden and is a Credible person and that their Statement is Entitled to Credit. 
I ,George D. Ferguson, Clerk of the said Court, do hereby Certify that the foregoing contains the original proceedings of the said Court in the matter of the Application of Joseph Nellis for a pension 
In testimony whereof I have hereunto set my hand and seal of Office this 26th day of September 1832 
[Signed] Geo: D. Ferguson
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Joseph Nellis
13677

Admitted
Private 10 mo & 22 days
45.13.1617 [?]
p. 368

3 May '33

Geo. D. Furguson
Palatine NY
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13.677
BRIEF in the case of Joseph Nellis
Town of Oppenheim in the State of New York 
(Act 7th June, 1832.) 

1. Was the declaration made before a Court or a Judge? Open Court 
2. If before a Judge, does it appear that the applicant is disabled by bodily infirmity?
3. How old is he? 73 years 
4. State his service, as directed in the form annexed. 
Period | Duration of Service (Years Months, Days) | Rank | Names of General and Field Officers under whom he served (Gen.) 
Year 1775 until Year 1781 - "Periods" not stated distinctly | not stated | -- | several named but not so as to be [illegible- verified?] 
5. In what battles was he engaged? Oriskany battle - Brown's battle-- Failing & Klock's battle - & Willets battle 
6. Where did he reside when he entered the service? not stated 
7. Is his statement supported by living witnesses, by documentary proof, by traditionary evidence, by incidental evidence, or by the rolls? only the traditionary evidence of two witness - one a Clergyman 
8. Are the papers defective as to form or authentication? and if so, in what respect? not attached according to the regulation 

X  Certify that the foregoing statement and the answers agree with the evidence in the case above mentioned. 
[Signed] E. Stephens 
Examining Clerk.
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Left side:
May 17 '99
Mrs. J.L. Cooke
Phila, Pa.

Right side:
Rev War
14,017
INVALID.
File No. 14, 017
Joseph Nellis
Priv. Rev. War
Act: June 7" 1832
Index:-Vol. 1, Page 274
[Arrangement of 1870.]
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Joseph Nellis
38
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13.677 
BRIEF objections to the admission of Pension Claims, of which those answered in the negative, in red ink, will apply to the claim of Joseph Nellis which require further proof or explanation. 
I. Does the declaration show where the applicant resides? 
II. Did the declarant make the declaration in the county where he resides? 
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? No 
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? No 
VI. Has he given the names of the officers under whom he served, in conformity with the regulations? Not known
VII. Has he made a relinquishment of every claim to any other pension than the one under the Act of June 7, 1832? 
VIII. Has the Court given their opinion? 
IX. Has the Clerk given his certificate? 
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?
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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? 
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? No 
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? None 
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? No
 
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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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 objection able. 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 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 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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Commissioner of Pensions 
Washington D.C. 

Sir 
I received today the enclosed statement from the Record and Pension Office, Washington. Can you give me any additional information concerning the said Joseph Nellis? He was born in Oppenheim Tryon County (now Mont[gomery]

[Postmark] U.S. Pension Office H APR 14 1899
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[Mont]gomery) State of New York on the 3rd day of April 1759 and died the 24th of February 1834; he received his mail at Palatine.
Thanking you for any knowledge you may communicate to me. I am
Respectfully
Agnes Duncan Cooke
Philadelphia
April 12 - '99
Page 17

Address
Mrs J Lockwood Cooke
4222 Grand Ave
Philadelphia, Pa

[Postmark] U.S. Pension Office H April 14 1899
Page 18

Henry Stratton [?]
Page 19

A Statement Shewing the Service of Joseph Nellis Montgomery County State of N York
[First two columns cut off- Year & Period of Service]
Rank of the Claimant | Names & Rank of The Company Officers | Names and Rank of the General & Field Officers | Battles in which the Applicant was Engaged | Country through which he Maid [sic] | Place of Abode when he Entered The Service and his Age | Remarks and Occurrences | Evidence by Which the declaration is Supported

Private | Capt John Hess, Lieut Peter P Waggoner, 2d Lieut & Ensign doth not recollect | Genl. N. Herkimer, Col. Jacob Klock, Col. Peter Waggoner, Majr. John Frey & Majr. Harmanus Van Slyke | "  " | State of N. York | Palatine, then County of Tryon Now, County of Mont. At present aged 74 years 17th April last past | Ordered out by order of his Capt. to Herkimer, then Tryon County, at Treaty held by Genl. Schuyler on behalf of the United States with the different Tribes of Indians | Tuenus Flander, Joseph Waggoner

Do | "  " | "  " | "  " | Do | "  " | Guarding Genl. Schuyler at Treaty & at Herkimer | blank

Do | Capt. John Keysor | "  " | "  " | blank | "  " | Drafted to March to the Royal Grant to the house Occupied by Nicholas on Guarding against the incursions of the Enemy | blank 

Do | Seargant Robt. Nellis | "  " | "  " | Do | "  " | The Same Season drafted on Expedition to Remensnyder, Royal Grant | blank

Do | Lieut. Waggoner | "  " | "  " | Do | "  " | Drafted to Fort Dayton vizt to Herkimer aiding and Assisting in Erecting and building Fort dayton Under the direction of Col. Dayton, in protecting and Guarding the Inhabitants Some time | blank

Do | Capt. Hess | "  " | "  " | Do | "  " | Expedition to Esq Wallerath [?] now [?] Palatine | blank

Do | does not recollect | "  " | "  " | Do | "  " | drafted to German Flats now Herkimer County | blank

Do | Under Capt Hess | Genl Herkimer, Col. Klock, Col. Waggoner, Majr Frey & Majr Van Slyke | Oriskany Battle 6th Augt. | Do | "  " | When on his March to Oriskany Battle remanded by Genl. ordered to return to The Indian Castle Stationed at Esq. Dyarts Watching and Guarding the Inhabitants at the Castle in the Neighbourhood of Genl. | blank

Do | "  " | "  " | "  " | Do | "  " | Pressed [?] with team to Carry Provision to Fort Stanwix for the Supply of the Garrison | blank 

Do | "  " | "  " | "  " | Do | "  " | Pressed with team to Carry load of Peas To and for the Supply of the same Fort and Garrison | blank

Do | "  " | Majr. House | "  " | Do | "  " | drafted to Fort Plank performing Garrison duty | blank
(carried over)
Page 20

[Continuation now includes year & period of service columns]

Brought Forwarde
Including 1777 | 0/6/7 [0/4/21 faintly below this]

1778 in Summer | 0/0/21 | Privt. | Lieut. P.P. Waggoner | "  " | "  " | N. York | " | drafted and Stationed German Flats | blank

Do latter part season | 0/0/15 | Do | Capt. Miller | Col. Waggoner | "  " | Do | "  " | performing Garrison duty at Fort Paris [?], being drafted &c | blank

Do In Summer | 0/0/8 | Do | Capt. Hess | Col. Waggoner | "  " | Do | "  " | In Mass to Bowinans Kill &c | blank

Do Nov. | 0/0/7 | Do | Do | Col. Klock & Col. Waggoner | Emediently after Genl Massacre | Do | "  " | Ordered out, Genl Conflagration Cherry Valley | blank

Do in fall | 0/0/14 | Do | Do | Majr House | "  " | Do | "  " | drafted and Stationed at Fort Plank, Performing Garrison Service | blank

in June and July | 0/0/21 | Do | Capt. John Hess | Genl. Clinton | "  " | Do | blank | Genl Sulvins [sic] Expedition to the West [illegible] Under Clinton, drawing Boats & Baggage to Lake Otsego, promoting the progress of Our Army | blank

March | 0/0/14 | Do | Lieut. Peter Waggoner | Col Klock | "  " | Do | "  " | Stationed after being drafted to Fort Zimmerman performing Garrison Service and duty | blank

1780 Oct 19th during Said year | 0/0/2 | Do | Capt. Gray | Col. Debois | Battle on Kloks and Failings field | Do | "  " | On the 19th Oct After the retreat, Brown's Battle In persuit of the Enemy, On Klocks & Failings flats In Battle When the Enemy took flight leaving the Ground [?] during mean While Genl Van Rensselaer looking on Witnessing the Scene at a distance exceeding 1/2 mile With About 1700 men excepting Such who left the Genl without his Orders, in Joining those who felt determined In gaining the Victory | blank

Do Said year | 0/0/8 | Do | Capt. Miller | Majr Fox | "  " | Do | "  " | Stationed at Fort Parris Stonearabia [sic] performing Garrison duty | blank

Do Said year | 0/0/8 | Do | Officer doth not recollect | "  " | "  " | Do | "  " | Drafted to Fort Wallerath on Garrison duty | blank

Do Said year | 0/0/10 | Do | "  " | "  " | "  " | Do | "  " | Pressed by order of Col. Willet to Carry over boats and Provision at the little falls for the Supply of the Garrisons, Fort Dayton & Fort Stanwix | blank

Do Said year | 0/0/14 | Do | "  " | "  " | "  " | Do | "  " | performing Garrison duty at Fort Dayton | blank

1781 July | 0/0/6 | Do | Capt. Hess | Col. Willet Turlough | Turlough Battle | Do | "  " | Ordered out to Join Col. Willet at Turlough Battle | blank

Do Oct 25th | 0/0/2 | Do | Lieut. Waggoner | Col. Willet & Col. Waggoner | Johnstown Battle | Do | "  " | In Battle at Johnstown Under the Emedient Command of Col. Willet | blank

Do July 29th | 0/0/2 | Do | Capt Miller & Lieut. Tho. Sammons | "  " | Landmus Battle | Do | "  " | Only One of Our men Wounded & One of the Indian Wariors killed and Somefold wounded | blank

Do | 0/0/14 | Do | Capt. Miller | Col. Klock & Majr Fox | "  " | Do | "  " | Stationed at Fort Paris performing Garrison Service | blank

Do does not recollect | 0/0/3 | Do | Capt. Hess | "  " | "  " | Do | "  " | Stationed at Hasser [?] Stone house doing Garrison duty | blank

1782 | 0/0/15 | Do | does not recollect | Majr House | "  " | Do | "  " | Stationed at Fort Plank, on Garrison duty | blank

Do | 0/0/15 | Do | Do | Do | "  " | Do | "  " | Do at Countrymans on Do | blank

Total 1/0/10
Page 21

Left side of chart:

1778 | 0/0/12 | Do | Cannot recollect | dont know | "

1779 last Nov. | 0/0/14 | Do | "  " | Col. Weisenfetts | "

Total: 1/1/5 And For Such Service I Claim [A Pension]
1/0/7
0/1/18 disallowed
[=] 0/10/22

Subscribed and Sworn before me this 27th of July 1833 before me
[Signed] Laurence Marcellus Justice of the Peace

State of New York}
Montgomery County } ss.
I Laurence Marcellus the Justice before whom the above named Joseph Nellis Swore to the foregoing affidavit Do hereby Certify that I am personally acquainted with the said Joseph and that he is a man of Truth and Verasity & entitled to full Credit. Dated July 27th 1833
[Signed] Laurence Marcellus Justice of
Page 22

Right side of chart:

1778 | 0/0/12 | Do | Cannot recollect | dont know | "  " | Do | "  " | drafted to Fort Wintecker to go with team to Fort Stanwix | blank
1779 last Nov. | 0/0/14 | Do | "  " | Col. Weisenfetts | "  " | Do | "  " | Carryinh Baggage for Col. Weisenfelts Regt be beliefs in the year 1779 not certain | blank
[Total: 1/1/5 And For Such Service I Claim] A Pension
[Signed] Joseph Nellis

State of New York
Montgomery County
Clerks Office ss: 
I, George D. Ferguson, clerk  of Montgomery County, do hereby certify, that Lawrence Marcellus, Esq. before whom the foregoing amended declaration of Joseph Nellis and the annexed affidavits of Teunis Flander and Joseph Waggoner, was on the date thereof a Justice of the Peace in and for Said County: And that I am well acquainted with the hand writing of Said Justice & verily believe that the Signature of the Said Justice Subscribed [illegible] to Said amended declaration & to the Said affidavits, & also to the annexed Certificates of Character of Said deponents is in each Case Genuine.
In testimony whereof I have hereunto set my hand & Seal of Office this 15th August, 1833.
[Signed] Geo: D. Ferguson
Page 23

State of New York 
Montgomery County ss.  On the 27th day of July 1833 personly appeared Before me a Justice of the peace in the Town of Palatine, County & State aforesaid Joseph Waggoner a resident of the Town of Minden, County and State aforesaid, who being duly sworn according to Law, deposeth and saith that he has been personly known and acquainted with Joseph Nellis, a resident of the Town of Oppenheim County and State aforesaid. That he has been a Revolutionary Soldier In the Regt of Militia commanded by Col Jacob Klock & Company Commanded by Capt John Hess and that he did render services to the United States from the year Seventy five, continualy from year to year as occurrences and Emergencies did require, in consequence of the incursions depredations, murdering, Burning and distructions on the Inhabitants up along the Mohawk River vizt in the County of Tryon, committed by The Common Enemy of our Country - That he has always proved a faithful soldier, this deponent further says, that he has examined the supplemental declaration, of the applicant, annexed to the original declaration, verily believes that the different periods and his lenght of service contained therein at least, hath been rendered by him, and more during the whole war That he is a person of good reputation so considered in the Neighbourhood where he resides, and Generally considered that he is a man of truth and varecity, and to be belived when under oath, and further saith not 
[signed] Joseph Waggoner
Sworn and subscribed to before me the day and year above written 
[signed] Lawrence Marcelly Justice of the Peace

State of New York 
Montgomery County } ss.  I Lawrence Marcelly the Justice of the Peace before whom the above named Joseph Waggoner Swore to the foregoing affidavit & I certify that I am personally acquainted with the said Joseph and that he is man of truth and veracity & entitled to full credit
[signed] L. Marcelley JP Dated July 27, 1833
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State of New York 
Montgomery County ss. On the 27th day of July in the year 1833 personally came before me the undersigned a Justice of the peace in & for said County Tuenus Flander a resident of the Town of Oppenheim County and State aforesaid, being duly sworn deposeth & saith that he has personally known Joseph Nellis an applicant for pension, since the commencement of the Revolutionary War & that he has a certain knowledge of the following services and duties performed by said applicant in the time of the Revolutionary War, that he remembers & well recollects That the said applicant has performed and rendered services in his countries cause from the commencement, during, and to the Conclusion of the Revolution, whenever occurrences or Emergencies in Consequence of the Incursions of the daily expected and common Enemy did require, that this deponant often and frequently and often hath been out on different campains always found him a true and faithful Soldier, Altough this deponent cannot recolect, that he has seen the Claiment in the Battles of Johnstown, Under Col Wittett, nor in battle at Oriskany, what is called Landmans Battle, against Lieut Klock with a large sett of Tories and Indians, either at the time of Willets Battle at Turlough when the Militia on their march to reinforce Col Willit, Marched to the incampment of the Enemy, verily believes and sattisfied that the applicant, has, been, Engaged, In the foregoing different periods, This deponant further depose and saith that that the applicant is a man considered not only in the neighbourhood where he resides, but also where he is known, that he is a man of truth and varasity, who to be believed when under Oath, and that in his opinion the statement given by the applicant in his applicant supplimental declaration hereto annexed, is entitled to full credit and further saith not - only that the applicant did belong to the said Company & Regt to which he this deponant did serve under vizt Col Klock, & Capt John Hess 
[signed] Teunis Flander  X his mark
Sworn and subscribed to before me on the day and year aforesaid 
[signed] Lawrence Marselley Justice of the Peace
Page 25

State of New York 
Montgomery County County } ss.
I Lawrence Marcelley the Justice of the Peace before whom the within named Teunis Flander Swore to the within affidavit 
Do hereby certify that I am personally accquainted with the said Teunis and that he is a man of Truth & verasity & entitled to full credit 
Dated July 27th 1833 
[signed] Lawrence Marcelley Justice of the Peace