Revolutionary War Pension and Bounty Land Warrant Application File R. 6897, for John I Mersellus, New York
Page 1

(3—1776)

Mersellus, John I.
or Marcellus

SERVICE
New York

NUMBER
R.6897

CONTENTS
Page 2

23298
John I Merseles
Oswego County
New York



James Southwork
Canada  Oneida Co
New York



5



Mersellus, John
NY R6897

NY R6897
Page 3

[stamp reading as follows:]
THE NATIONAL ARCHIVES OF THE UNITED STATES



WAR DEPARTMENT,

Pension Office,
23d May 1833

Sir:

The evidence in support of your claim, under the act of June [illegible] been examined, and the papers are herewith returned. The following is a [illegible] your case in tabular form. On comparing these papers with the following rules, and the subjoined notes, you will readily perceive that objections exist, which must be removed, before a pension can be allowed. The notes and the regulations will shew what is necessary to be done. These points to which your attention is more particularly directed, you will find marked in the margin with a brace, (thus: }). You will, when you return your papers to this Department, send this printed letter with them; and you will, by complying with this request, greatly facilitate the investigation of your claim.

A Statement, shewing the Service of John I Merseles, Oswego County New York

[illegible] when his service was rendered
[a.] [blank]
[b.] 81

Duration of the claimant's service.
Years.
[a.] 3
[b.] [blank]
Months.
[a.] [blank]
[b.] 3
Days.
[a.] [blank]
[b.] [blank]

Rank of the claimant.
[a.] private
[b.] Ensign

Names and Rank of the Company officers under whom he served.
[a.] Capt. Van Ness
[b.] same

Names and Rank of the General and Field officers.
[a.] Col. Van Dyke
[b.] same

Battles in which the applicant was engaged.
[a.] [blank]
[b.] [blank]

Country through which he marched.
[a.] Schenectady to Rome, 
[b.] Herkemir Fort Schyler Fort Stanwix Albany

Place of abode when he entered the service, and age at the present period.
[a.] 71 Schenectady N.Y.
[b.] [blank]

Evidence by which the declaration is supported.
[a.] tradition
[b.] [blank]

I am, respectfully,
Your obedient servant,
J. L. EDWARDS,
Commissioner of Pensions.

John C. Van Sice
Simon Clark
Page 4

2

REGULATIONS UNDER THE ACT OF JUNE 7, 1832.

The following regulations have been adopted:

This law has been construed to extend, as well to the line, as to every branch of the Staff of the Army, and to include under the terms "Continental Line," "State troops," "militia," and "volunteers." All persons enlisted, drafted, or who volunteered and who were bound to military service, but not those who were occasionally employed with the army upon civil contracts, such as Clerks to Commissaries and to Store Keepers, &c. Teamsters, Boatmen, &c. Persons who served on board of Private Armed Vessels are also excluded from the benefits of the law, as well as persons who turned out as patrols, or were engaged in guarding particular places at night, and were not recognized as being in actual military service.

Four general classes of cases are embraced in this law:
1. The Regular Troops.
2. The State Troops, Militia, and Volunteers.
3. Persons employed in the Naval service.
4. Indian Spies.

As rolls of the regular troops in the Revolutionary War exist in this Department, all persons, claiming the benefit of this law as officers, non-commissioned officers, musicians or privates, will in the first instance, make application by transmitting the following declaration, which will be made before a Court of Record of the County where such applicant resides. And every Court having by law a seal and Clerk is considered a Court of Record.



DECLARATION.

In order to obtain the benefit of the Act of Congress of the 7th of June, 1832.
State, Territory or District of }
County of [blank] } ss.

On this [blank] day of [blank] personally appeared (a) before [blank] A.B. a resident (b) of [blank] in the county of [blank] and State, Territory or District of [blank] aged (c) [blank] 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 provi[si]on made by the act of Congress, passed June 7th, 1832. That he enlisted in the Army of the United States in the year (d) [blank], with [blank] and served in the [blank] (e) regiment of the [blank] line, under the following named officers:

[Here set forth the names and rank of the Field and Company Officers; the time he left the service; (and if he served under more than one term of enlistment, he must specify the particular period, and rank and names of his officers;) the town or county and State in which he resided when he en[t]ered the service, the battles, if any, in which he was engaged, and the country through which he marched. This form is to be varied so as to apply to the cases of officers and persons who belonged to the militia, volunteers, navy, &c.]

He hereby relinquishes every claim (f) 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, or (if any) only on that of
the Agency in the State of [blank]

Sworn to and subscribed the day and year aforesaid. A.B.

[And then will follow the certificate of the Court.]

And the said Court do hereby declare their opinion (g) that the above named applicant was a revolutionary soldier, and served as he states.

I [blank] of the Court of [blank] do hereby certify (h) that the foregoing contains the original proceedings of the said Court in the matter of the application of [blank] for a pension.

In testimony whereof I have hereunto set my hand and seal of office (i) this [blank] day of [blank]
& c.

If, on examination of the proper record the names of applicants, making such declaration, cannot be
found, they will produce such proof as the rule given in note (j) points out.

Every applicant who claims a pension by virtue of service in the State Troops, Volunteers or Militia,
except those who belonged to the New Hampshire Militia and State Troops of Virginia, will make and
subscribe a declaration similar to the foregoing, with the following additions, viz:

(k) We, A. B., a Clergyman, residing in the [blank] and C. D. residing in (the same) hereby certify, that we are well acquainted with [blank], who has subscribed and sworn to the above declaration; that we believe him to be [blank] years of age; that he is reputed and believed, in the neighborhood where he resides, to have been a soldier of the Revolution, and that we concur in that opinion.

Sworn and subscribed the day and year aforesaid.

[And then will follow the certificate of the Court.]

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 A. B. who has signed the preceding certificate is a clergyman, resident in the [blank] and that C.D., who has also signed the same is a resident in the [blank] and is a credible person, and that their statement is entitled to credit.

I, [blank] Clerk of the Court of [blank] do hereby certify that the foregoing contains the original proceedings of the said Court, in the matter of the applicacation of [blank] for a pension.

In testimony whereof, I have hereunto set my hand and seal of office, this [blank] day of [blank] &c.

Every applicant will produce the best proof in his power. This is the original discharge or commission; but if neither of these can be obtained, the party will so state under oath, and will then procure, if
possible, the testimony of at least one credible witness, stating in detail his personal knowledge of the services of the applicant, and such circumstances connected therewith, as may have a tendency to throw light upon the transaction.

If such surviving witness cannot be found, the applicant will so state in his declaration (l) and he will
also, whether he produce such evidence or not, proceed to relate all the material facts, which can be useful in the investigation of his claim, and in the comparison of his narrative with the events of the period of his alleged service, as they are known at the Department. A very full account of the services of each person [continued]

Mersellus, John
NY R6897
Page 5

3

[continued]

will be indispensable to a favorable action upon his case. The facts stated will afford one of the principal means of corroborating the declaration of the applicant, if true, or of detecting the imposition, if one be attempted; and unless, therefore, these are amply and clearly set forth, no favorable decision can be expected. All applicants will appear before some Court of Record in the County, in which they reside, and there subscribe and be sworn to, one of the declarations above provided, according to the nature of his case.

The Court will propound the following (m) interrogatories to all applicants for a pension, on account
of service in the Militia, State troops, or Volunteers, except the Militia of New Hampshire and the State troops of Virginia.

1. Where and in what year were you born?

2. Have you any record of your age, and if so, where is it?

3. Where were you living when called into service; where have you lived since the Revolutionary war, and where do you now live?

4. How were you called into service; were you drafted, did you volunteer, or were you a substitute? And if a substitute, for whom?

5. State the names of some of the Regular Officers, who were with the troops, where you serv
Continental and Militia Regiments as you can recollect, and the general circumstances of your service

6. {To a Soldier.} Did you ever receive a discharge from the service, and if so, by whom was it given and what has become of it?
{To an Officer.} Did you ever receive a commission, and if so, by whom was it signed, and what has become of it?

7. 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 of your services as a soldier of the Revolution.

The Court will see that he answers to these questions are embodied in the declaration, and they are
requested to annex their opinions of the truth of the statement of the applicant.

The applicant will further produce in Court, if the same can be done, in the opinion of the Court,
without too much expense and inconvenience to him, two respectable persons -one of whom should be the nearest clergyman, if one lives in the immediate vicinity of such applicant, who can testify, from their acquaintance with him, that they believe he is of the age he represents, and that he is reputed and believed in the neighborhood to have been a Revolutionary soldier, and that they concur in that opinion. If one of these persons is a Clergyman, the Court will so certify, and they will also certify, to the character and standing of other persons, giving such certificates.

The traditionary evidence of service is deemed very important, in the absence of any direct proof, except the declaration of the party. And the Courts are requested to be very particular in the enquiry whether the belief is general, and whether any doubts have ever existed upon the subject.

Applicants unable to appear in Court by reason of bodily infirmity, may make the declaration before required, and submit to the examination, before a Judge or Justice of a Court of Record of the
proper county, and the Judge or Justice will execute the duties, which the Court is herein requested to perform, and will also certify that the applicant cannot, from bodily infirmity, attend the Court.

Whenever any official act is required to be done by a Judge or Justice of a Court of Record, or by a Justice of the peace, the certificate of the Secretary of State or Territory, or of the proper Clerk of the Court or County, under his seal of office, will be annexed, stating that such person is a Judge or Justice of a Court of Record, or a Justice of the Peace, and that the signature annexed is his genuine signature.

No payments can be made on account of the services of any person, who may have died before the
taking effect of the act of June 7, 1832; and in case of death subsequent thereto, and before the
declaration herein required is made, the parties interested will transmit such evidence as they can [illegible], taken and authenticated before a Court of Record, showing the services of the deceased, the period his death, the opinion of the neighborhood respecting such services, the title of the claimant, and the opinion of the Court upon the whole matter.

----------

[a] The declarant must appear in open Court, unless prevented from doing so by reason of bodily infirmity; in which case the declarant will follow the rule laid down for his guidance.

[b] The declarant must make his declaration in the county where he resides. If he should fail to do so, he must assign a sufficient reason for not informing to the rule.

[c] The age of the claimant must invariably be mentioned.

[d] The declarant must mention the period or periods of the war when he served.

[e] Every continental officer or soldier must give the name of the Colonel under whom he served; otherwise a satisfactory examination of the claim cannot be had. Every clamant must state, 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. 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 ---; and for such service I claim a pension." 
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 that they served two years in the militia, &c. without specifying the tours, the names of the officers, and other particulars respecting their service. This form of a declaration is
highly objectionable. It must, in every case, be clearly shown under what officers the applicant served; the duration of each term of engagement; the particular place or places where the service was performed; that the applicant served with an embodied corps called into service by competent authority; that he was either in the field or in garrison; and for the time during which the service was performed, he was not employed in any civil pursuit.

[f] The law makes the relinquishment indispensable.

[g] The opinion of the Court is always required.

[h] The Clerk must give his certificate in every case.

[i] The Clerk must affix his seal, and if it has no device or inscription by which it can be distinguished from any other seal, or if he 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.

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 papers 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.

Proof of Service.

[j] 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 claimant's 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. The notes from to are all equally applicable to the cases of Militia men, Volunteers and State Troops, The proof required by rule in note [j] applies to continental troops only.

[k] This traditionary evidence is indispensable in militia cases.

[l] If a witness cannot be found, the declarant must state the fact.

[m] The answers to the interrogatories must all be written, and sent to the War Department, with the declaration.

"proof of convincing"

T.E. Bradford

[stamp as follows:]
THE NATIONAL ARCHIVES OF THE UNITED STATES
Page 6

State of New York ss

John Degraff of the town of Johnstown In the County of Montgomery being Duly sworn makes oath & says he has been acquainted with John Mersellus of the town of Constantia of o County ever since the term of his birth that he recollects of his gawer'y the the campaign to Fort Stanwick, from there to oswego & then to Niagara. that he was gone a long time so long that that they Disposed of his [illegible] back it was In the later revolutionary War cannot Instantly recollect the year

John P deGraff

Subscribed and sworn before me
Jan 15th 1833
Abrm A Van Horne Justice of the Peace

I hereby certify that I have been personally acquainted with John Degraff Above Thirty years that he is a man of good character truth & veracity

Abrm A Van Horne Justice of the Peace



Hati of New York ss

Annaytu Marellus of the county of Montgomery & town of Johnstown being Duly sworn makes oath & says John Marellus of the town Constantia in Oswego County & St ate aforesaid do here attest & on & does distinctly recollect of his gowing into the service in the Later Revolutionary War Does not here attest the legth of term 

now subscribed and sworn before me 
Annaytin Marellus
x
her mark


I hereby testify that I have been acquainted with Annaytin Marellus about [illegible] years she is a wooman of good character & standing truth & veracity

Abrm A Van Horne Justice of the Peace
Page 7

State of New York,
Montgomery County,
Clerk's office ss:

I, George D. Ferguson, Clerk of the Court of Common Pleas of the County of Montgomery aforesaid, do hereby certify that Abraham A. Van Horne, before whom the within affidavit purports to have been sworn, was on the date thereof a Justice of the Peace of the said County; and that I am well acquainted with his hand writing and verily believe that the name of said justice subscribed to the certain affidavit is Genuine

In testimony whereof I have hereto set my hand and seal of Office this 26th day of June 1833

Geo: D. Ferguson
Page 8

— A. —   Declaration

State of New York
Oswego County } ss:

On this eleventh day of February personally appeared before me one of the Judges of the Court of Common Pleas of the County of Oswego John I. Merseles a resident of the town of Constantia in the County of Oswego and State of New York aged seventy one 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 services of the United States as a volunteer in the Spring of 1778 - under the following named officers and served as herein stated. That he first entered said service by enlistment for three years at Schenectady in the State of New York in Colo. Van Dyke's / sometimes then called Van Schaickp) Regiment in the Company commanded by Capt. Van Ness that the name of the Lieutenant in said company was Hardenberg and that the name of the Ensign was Wendell, that at the time of his said enlistment he lived in the town of Schenectady in the County of Schenectady and State of New Yorkand that he enlisted as a private - That after his said enlistment he marched from Schenectady to Rome Ft. Stanwix through Herkimer to Fort Schuyler and thence to said Rome Oneida and was in no Battle except what took place while in the Fort at Rome Oneida. he lay there till close of the war and that he served as a private under the above named officers for the whole period of his said enlistment being three years - And he was then honourably discharged and had a written discharge think was signed by Col. Vandyke in the Spring of 1781 which discharge is lost 

And that on receiving his discharge he was offered the post of Ensign in said Company if he would enlist again and that accordingly he again enlisted in said Company and received and Ensign's Warrant or Commission which was three days after said discharge and at Rome (then Fort Stanwix) that the said warrant was signed by some of the officers there at the Fort and given to him & that he has lost the warrant & can not find it that he saw it & had it fourteen years ago but can not find it now that it has been lost [continued]
Page 9

[continued] by accident in removing from his old residence to this or some other way - and that he served in said Company as an Ensign for the term of three months — and until the close of the Revolutionary War when he was discharged 

that while he served as Ensign in said Company he marched from Fort Stanwix (the place where he entered the said Company) to Albany — through Oriskany to Fort Schuyler Herkimer Schenectady and was in no battle and was dismissed at Albany & then went Home - 

that he was born in the town of Schenectady in the County of Schenectady and State of New York and that he knows of a record of his age in the Old Dutch Church Records at Schenectady — and that he was living when called into service the first time as aforesaid, in the town of Schenectady in the County of Schenectady and State of New York that he was born in the year 1763 or 4 and that since the Revolutionary War he lived in the town of Schenectady aforesaid there he moved to Proovidence in the County of Saratoga State N. York — and that he continued to reside there until three years past when he removed to Constantia in the County of Oswego in the State of New York where he now resides and has resided there for the space of three eyears past that in month of August last he commenced a search for witnesses to said above stated service in order to procure their affidavits thereto but that he is satisfied that there none living on that if any on still living he is unable to hear from them or discover them

that he is well known to Samuel W. Leonard a clergyman residing in the same county with this deponent and to John Mersellus Jun. residing in the present neighborhood with the said deponent who can testify to his character for truth and veracity and their belief of his services as a soldier of the revolution - He hereby relinquishes every claim whatever to a pension or annually except the [continued]
Page 10

[continued] present and declares that his name is not on the pension Roll of any agency of any state Territory or District and that he is unable to appear in open court from the loss of use of his leggs and bodily infirmity -

John Mersellus
x
his mark

Sworn & subscribed the day & year
aforesaid before me Lovewell
Johnson a Judge w/Oswego
County Courts }



— B. — Clergyman & Witness Affidavit —

Oswego County, ss.

We Samuel W. Leon and a clergyman residing in the Town of Constantia and John Mersellus Jun residing in the same place hereby certify that we are well acquainted with John J. Mersellus who has subscribed and sworn to the above declaration, that we believe him to be 71 years of age; that he is reputed and believed in the neighborhood where he resides, to have been a soldier of the Revolution and a man of strict integrity, and that we concur in that opinion - 

Samuel W. Leon and 
John Mersellus junior

Sworn & subscribed the day &
year aforesaid before me
Lovwell Johnson a Judge
of Oswego County Courts }



— C. — Judges opinion. —

And I the said Judge 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 unable to appear in open Court from the loss of the use of his leggs & other bodily infirmity and that he was a revolutionary soldier as he states and that it appears to me that Samuel Leon who has signed the preceding Certificate is a Clergyman resident in the town of Constantia — and that John Mersellus Jun. who has signed the same is a resident in the town of Constantia aforesaid and is a credible person and that their statement is entitled to credit

Lovewell Johnson a Judge of
Oswego County Court
Page 11

State of New York
Oswego County ss }

I Eric Poor Clerk of the County of Oswego in the state of New York do hereby certify that Lovwell Johnson name is subscribed to the foregoing Certificate is a Judge of the Oswego County Courts which is a court of record having a seal which is hereunto affixed and that I am Clerk of said Court that I am well acquainted with the hand writing of the said Lovwell Johnson and believe his signature attached to the foregoing certificate to be his proper hand writing.

In testimony whereof I have hereunto set my hand & seal of office this nineteenth day of February one thousand eight hundred and thirty three

Eric Poor Clerk
By D McPherson
Dpt Clk



John J. Merseles
23298
Page 12

State of New York
Oswego County ss }

On the first day of May in the year 1838 appeared before me the undersigned a justice of the peace in the county of Oswego Simon Clark whom being by me duly sworn deposeth and says that he know John Mersellus in the year 1779 in September 1779 I was a soldier in Capt Fondu Company under Major Swift and the militia in this state New York and served as honorable in this state John Mersellus belonged in the same company with me we was discharged and returned to Schenectady about the last days in September 1779 the same Evening that we arrived home at Schenectady then came several of us that had been out soldiering met at Allsuruss Grocery and John Mersellus and some others got quite money, directly in came a sergeant from Van Schouch Regiment, and Regiment had just come from Saratoga and was recruiting he invited us to go to the barracks with him we went several of us over to the barracks and that Evening John Mersellus enlisted in Captain Van Ness Company in Col Van Schaucks Regiment in the New York state line for three years

I was present when he enlisted he soon after went off with the company, it was said to fort Stanwix now Rome in the State of New York I never saw him not once I think in the winter of 1781 he was home to Schenectady on furlough a few days untill after the war was over he then came to Schenectady I know him there for several years I never heard but that John Mersellus obtained an honorable discharge [continued]
Page 13

[continued] I have not been for many years past personally acquainted with John Mersellus but when I was acquainted with him he was of good moral character further - this deponent says the he is now in the Eighty first year of his age further this deponent sayeth not

Simon Clark

Sworn and Subscribed to 
before me this 1st day
of May 1838
Russell Kenyon Justice Peace }

[signature is missing]
Page 14

State of New York Oswego County Clerk's Office ss.

I Wheeler Barnes, Deputy Clerk of said Court do certify that Russel Kenyon before whom this and the annexed affidavit purports to be sworn and also whose name appears to the annexed certificate was at the respective dates thereof a Justice of the peace within and for said County duly elected and qualified, and that I am acquainted with his hand writing and verily believe his name subscribed to the jarets to said affidavits and to said certificate is genuine —

In Testimony whereof I have hereto set my hand and affixed the seal of said County this 21st day of July A.D. 1837

W. Burnes, Dep. Clerk
Page 15

State of New York
Oswego County } ss

Personally appeared before me the under named a justice of the peace on the 3rd day of July 1838 John Mersellus Jun who being by me duly sworn deposeth and says that he was present with his father John J. Mersellus on the 19th day of July 1834 when he made his declaration or affidavit before James Southworth Esq a justice of the peace in the county of Onida State of New York

he the said John J. Mersellus being an applicant for a pension under the act of Congress of the US passed June 7th 1832. this deponent says that the he is the son of John S. Mersellus that his father is now living that he was a dutch man, and does not understand the English language well, and that he is now, and has been for many years so deaf that it is with great difficulty that he can understand English at all, this deponent says that he is confident that his father misunderstood the justice in his statement in relation to an Ensigns Commission further stated that after he had served three years and was discharged, his officers offered him a commission if he would enlist during the war, then says the justice to him you received a commission, father said yes, I am sure that father did not understand the justice from the conversation that passed between us on our way  just before we arrived home it occurred to my mind that I had never heard father tell of being a commissioned officer in the revolution before that day, I asked him if he was an Ensign in the revolution he said no he had the promise of a commission but he never got it. I said to him you told the justice you had an Ensigns Commission, he was surprised, he said he did not say he had a commission. he had the promise of a [continued]
Page 16

[continued] commission but did not receive it, I told him he said he had a commission and the justice wrote it down so in his affidavit he said it was wrong, he did not understand the justice he thought the justice asked him if he had the promise of a commission, he wanted to go back to the justice that night to have the affidavit altered in regard to the commission I told him it was late we would go next morning, we went next day but his papers were mailed for Washington before we arrived at the justices office, this deponent says that the reason why his father did not make application for a pension under former acts of congress was that his father was a very proud spirited man and scorned to call on government for a pension as long as he had property sufficient for his support but since he has lost the use of his right leg and lost his property he concerted make application for a pension under the late act of congress passed June 7th 1832 this deponent further says that he has frequently heard his father in conversation wit hJohn C. Van Sice and others that were with him tell of being there three years this conversation I learned when I was a boy many years before the first pension act was passed by congress, this deponent further says that according to the record of his fathers age he is now in the Eightyeth year of his age and for then this deponent sayeth that the reason why his father has delayed sending the affidavits in this case is he did not till now know the witness of said places of residence

John Mersellus junior

Sworn to and subscribed
to before me this 3rd day
of July 1838
Russel Kenyon Justice of the Peace }
Page 17

To all to whom it may concern

This may certify that I have been for several years past been personally acquainted with John J. Mersellus he has resided in this town for five or six years he has always supported a good moral character and is reputed to be a revolutionary soldier

I also here by certify that I am personally acquainted with John Mersellus Jun the within named deponet and son of John J Mersellus and know that he supports a fair character for truth and veracity

Constanted July 3rd 1838

Russel Kenyon Justice Peace



This may certify that I have for five or six years last past been personally acquainted with John J. Mersellus he resides in this town and supports a good moral character and is reputed to be a revolutionary soldier I have never heard any person doubt his revolutionary services he is a man of truth and veracity

Marcus Patterson PM

West Monroe Post Office
Constanted July 4th 1838 }



I am also acquainted with John Mersellus Jr the within named deponant and know that he is of a good moral character for truth and veracity and is intitled to full credit

Constanted July 4th 1838

Marcus Patterson PM
Page 18

aws.

Rev. War Section

September 25, 1923

A. L. Truax,
Crosby, N. Dak.

Sir;

I have to advise you that from the papers in the Revolutionary War pension claim, R. 6897, it appears that John I., oldest son of John I. and Annayter Marcellus or Mersellus, was born July 16, 1761, 1763 or 1764 in Schenectady, New York; he alleged that while residing there, he served three weeks at Stone Arabia under Captain Fonda, and in the year 1778 or 1779, he enlisted and served three years as a private in Captain Van Ness' company, Colonel Van Schaick's New York Regiment, and was in an eight day skirmish at Fort Stanwix.

He applied for pension February 11, 1833, while living in Constantia, Oswego County, New York, but his claim was not allowed, as satisfactory proof of his ser- [continued]
Page 19

[continued] [ser]vice as required by the pension laws, was not furnished.

Son, John, was a resident of Oswego County, New York in 1838. Soldier was dead in 1853.

There is no further family data on file.

Respectuflly,

Commissioner.
Page 20

Aug. 6 - 1923.
U.S. Pension Office,
Washington
D.C.

Dear Sirs:

I wish to obtain the military record of Johannes Marselis, a Revolutionary soldier and a pensioner. Will you kindly advise me if the same can be obtained from your office and at what cost? I am a descendant of said Johannes Marselis.

Under the name of John Marcellus he was a resident of Ooneida Co. N.Y., and also of Constantia, Oswego Co. N.Y. when he applied for a pension, his first application having been lost.

With many thanks, 
Respectfully yours,
A. L. Truax,
Crosby, N. Dak.

[stamp reading as follows:]
PENSION OFFICE.
U S
AUG 11 1923
Page 21

Hon. Leander Babcock
June 2/53
Page 22

20

Pension Office
2 June 1853

Sir

In compliance with the request contained in your letter of the 27 January last, the claim of John J Merseles or Marcellus decd. for a pension under the act of 7 June 1832, has been re-examined.

This claim was originally suspended because the service alleged to have been performed by the claimant was unsupported by such proof as the regulation of the Department required. Since then, the requisite evidence has not been furnished. Merseles asserts in his original declaration that he enlisted in Col. Van Schaick's regiment & served three years, but his name does not appear upon the rolls of that regiment on file in this office. It is probable that the records at Albany may furnish some evidence of this service.

Hon Leander Babcock
Oswego
New York
Page 23

A.C. Crary
18 Nov. 1839
OC
Page 24

187

War Department
Pension Office
Nov 18. 1839

Sir

In reply to your letter of the 12th instant relative to the claim of John I. Marcellus I here to state that nothing here appeared to the Judge for a may report under date of the 25th of June last to change the [illegible] & of the care there communicated.



A.C. Crary Esq.
Clinton
County of Oneida
New York
Page 25

A.C. Crary
7. Aug. 1839
OC
Page 26

153

War Department
Pension Office
Aug 7. 1839

Sir It is said by John J. Marselis that Cornelius Van Sice John DeGraff & Liman Clark then of this witness in support of his claim have been pensioned for [illegible] service  There is no evidence in this office that Van Sice was a soldier in the New York line - If a pensioner, the name of the town & County in which he resides should be given - the pensioner on that role of the name of John Degraff of the County of Montgomery did not belong to the New York line  Limon Clark does not appear to have been allowed a pension.



A.C. Crary Esq
Clinton, Oneida Co
New York
Page 27

A.C. Crary
25. June 1839
OC
Page 28

435.

War Department
Pension Office
25. June 1839

Sir

The explanatory statements of John I. Marselis enclosed in your letter of the 8th of February last has been examined - This is a claim for 3 years service alleged to have been rendered in Capt. Van Ness Company Col Van Schaick's reg of the New York line - His name is not found either on the pay or muster rolls of the reg at any period during the war - The statements of his witness likewise not sustained by any evidence in the Depostment - It as is more said from of his witness in on the pension list roll. he is requested to give their names



A.C. Crary Esq
Clinton. County of Oneida
N.Y.
Page 29

War Department
Pension Office
July 1838

Sir 

The additional evidence enclosed in your letter of the 20th inst viz the statement of John Van Sice as the care of John I. Marselis is in substance that he knew the claimant. that he belonged to the same regt. Viz that of Col Van Schaick, that Merselis enlisted in 1779 in Capt Van Ness Company & served three years 

This witness is discredited by the fact that there was no private of that name in Col Van Schaicks regt; it may likewise be added that Capt Van Ness quit the service in 1778 — John Ketch swears that he knew the claimant as a private in that Company in 1781 & 1782, But the said objections are appli [continued]
Page 30

[continued][apli]cable to this as the [illegible] of Van Sice except that the name of the former is found on the rolls of the regt, his retirement as a deserter - The original muster roll of Capt David Van Ness, his true case full examined, but the name of the claimant is not there - nor is it on the roll of the regt at all

Upon a careful examination of all the evidence on record & on file in this case no reason can be perceived why this claim ought not to be rejected



30 July '38
O.C.



Hon A. P. Grant
Oswega
N.Y.
Page 31

James Southworth
2. August 1832
O.C.



Rec. Vol. 38 pa 330.
Page 32

War Department
Pension Office
August 2d 1836

Sir

By way of an answer to your letter without date received the 1st instant on this subject of the claim of John J. Marsilis I refer you to mine on that [illegible] add report to J. Hathaway Esq on the 27th August 1834 a copy of which is herewith inclosed



James Southworth Esq
Camden 
New York
Page 33

War Department
Pension Office
August 27 1834

Sir

The papers of John I Marselis have again been examined - The applicant declares that he enlisted in the Continental service in Col Van Schaicks regiment and served therein three years - The rolls of that regiment have been examined. This name does not appear thereon  His name [illegible] is not found on the list of the Final Settlement Certificates

His [illegible] is required to his commission [illegible] to [illegible] his discharge letter

If Mr. Marselis has served as alleged he would have applied for a pension under the act of 1818. His not having applied before & the evidence afforded by the rolls and list of [illegible] raise for strong a justification against his claim that it cannot be admitted unless pertained by the [illegible]any of two credible witness - [continued]
Page 34

[continued0 setting further in  their affidavits the time and measure of entering the service the time of and manner of leaving the service on which  the company regiment and since to which he belonged

The case os suspended and. the papers placed on file



J Hathaway
Aug. 27, 1834
O.C



Re E. Vol. 33. pa 98.



J. Hathaway Esq
P.M
Rome
N.Y.
Page 35

NY

J. Southworth 
July 28. 1834
O.C



Rec. Vol. 33. pa. 52
Page 36

War Department
Pension Office
July 28 1834

Sir

The New declaration of John I Mersilles has been examined 

The applicant by his statement is a [illegible] applicant he cerved under officers of the Militia State & Continental Troops at the same time - If he enlisted for three years as alleged it must have been with in the state or Continental line & he must before his claim can be examined give the name of his captain and colonel, he should also produce his commission as Ensign or account for it and wave the authority by which it was confured

The papers you examined are herewith returned

James Southworth Esq
Camden
New York
Page 37

War Dept
Pension Off
June 21 34

Sir

I have the honor to inform you that the original declaration of John J. Marcelles by some accident or negligences has not been filed according to the rules of the office and consequently it is very difficult to find it - But the loss may be readily remedied by an affidavit setting forth his service & officers names and concluding with the usual relinquishment.

By his supplemental declaration it does not appear under what officers he served but his brother, who was born in 1770 declares that he served in Van Ness's Company - Van Dyke's Regt. and according to his neighbors, in Hardenburgh's company and Van Schaik's Regt. of which Van Dyke was Lt. Col. It is proper that he should be apprised that his name is not borne on the rolls of that or any other of the N. York regts and consequently he will be required to produce two credible witnesses who must be able to state the time & manner of entering & leaving the service - the company - regt. & Line to [continued]
Page 38

[continued] which he belonged in conformity to a long established and indispensable rule of this office

His brothers affidavit can not avail him as the other witnesses under that rule as he does not profess to know the time & manner of his entering & leaving the service.

Act 7 June



Hon J Turrill
21 June 1834
OC



Hon J. Turrill
Page 39

New York
Revo

John I. Marcelles
Suspended

[stricken:] [illegible] Hon G. Turrill 21 June 24. -

Files this with 1 [illegible]
Declaration

[stricken] let to J. Southworth July 28. 34
Act to J. Hathaway Aug 27. 1834

to Hon S. Beardsley
Nov 18. '34

[stricken] to A. C. Crary 25 June 1839

[stricken] let. to J. Southworth 2 Aug 1836
" Hon. A.P. Grant 0 July / 38
Page 40

N. York 23.298

John J. Marceles

[stricken] to to A. C. Crary 7. Aug. 1839
to same 18 Nov. 1839
Let. Hon. Leonard Babcock 2 June / 53

6897

Act 7 June 1832
Page 41

War Department
Pension Office
July 28th 1834

AU23298

Sir

The new declaration of John J Marseles has been examined  - The applicant by his patern act now made would hear it appear that he served under the militia State and Continental troops at the same time - - If he inlisted for three years it must have been within the state or continental service and he must before his claim can be examined qir the name of his Captain & Colonel. He should also produce his commission in the Ensign or account for its loss and name the authority by which it was confirmed

The papers now examined are here - 
Respectfully 
Your Obt Servt
J. L. Edwards



Will enclose
 James Southworth Esq
Camden
N.Y.
Page 42

J.L. Edwards Esq
[illegible]

Sir

at the instance of John I. Marselles an app: for pension, & during the indefinite absence of Jas. Southworth Esq, I have made the explanations required, with some additional facts - to which he has sworn, he wishes all further communications made to me, & the Certf: when granted to be sent me. - 

Very respectfuly
your ob st
J. Hathaway
P.M. Rome
Augt 22d
Page 43

Oswego
July 20th. 38

Hon Jas. L Edwards

Sir

I am requested to furnish to you the enclosed papers in favor of the Application of John Marcellus for a Pension - A part of his papers are already on file in your office.

Mr. Marcellus is a very honest and worth old man tho very ignorant and presents a case which I hope may be satisfactory to yourself to entitle him to his countrys bounty for services rendered herein the Revolutionary War.

Whenever the decision of your Department is made up, please let me hear from you - 

Respectfully Your
Obt. Srvt.
A. P. Grant
Page 44

free



Revolutionary
Claims }

War Department
Pension Office
Washington City
D.C.



Aug 182



hill
Page 45

Camden Oneida Co. N. York

D Sir

John I. Merselles of Constantine in County of Oswego N.Y. called on me today & wished me to write for information respecting the issues of his application for a pension under the act passed June 7 1832

He made application soon after the passing of the said act stating 3 years service and upwards in the revolutionary war - enlisted in Capt Van Ness Commp 1778 or 9 names of the officer, in said Comp .. Leiut Hardenbug Ensign Wendell Assistant Tease Major McCracken & part of the time Major Vink or Fink Van Dyke Lieut Colo Van Schaik was Colo of the Regiment - that he marched under Lieutenant Hardenburg to Fort Stanwix (Oneida Co. now) and drove some cattle for the relief of Col. Gansevoort who was at the said Fort that 27 or 8 soldiers waited with him - that he served 3 years and at the end of that time, he had an ensign commission and in a few weeks after hostility ended he was marched back to Albany & discharged - the statement & more important particulars were sent to your Department with the affidavits of John DeGraff Henneth Marsellus, his mother, & Jecome Mesellus and also t he representation of [continued]
Page 46

[continued] many respectable persons his neighbors who have long known him, stating their full belief in statements and that he actually performed the services related by him in his dedication - the old man says he has been informed a letter was sent from your office, (or from Washington at least, which his informant said he believed was from your Office) to the post office at Rotterdam Oswego Co. directed to him which lay  there without his knowledge till it was sent back to the Gen P. office as a dead letter - he does not know but that letter contained news about his pension, and as the letter came back, he fears you may. think he is dead, but no, the old soldier is yet alive and is as desiring his pension as any one to whom one has been granted

The Hon. Joel Turryll from Oswego has had some papers sent to him on the subject of this application - I hope the claims of this prove old cripple will be attended to and that it will result in services to him - 

I am respectfully
Yours &c
James Southworth

J L Edwards
Page 47

Clinton Oneida County
N. York ss - Octr 16th 1854

Sir

I have received yours of the 7" of August last in relation to the application of John I. Mersellus for a pension - and have since obtained the enclosed [illegible] affidavits with the run of showing that Degraff - and S Clark - two of Marsellus' witnesses have as notable persons - &c - Van Sice - one of the witnesses in this case - lived in Masonville in Delaware County till 1837 - when he moved to 'beaver Kill / as I am informed, in this County of Rocktown when he said in May last - should there be any doubt as to his credibility, affidavits - in support of his reputation for truth to - will be furnished - he was a man of good standing - as I am informed. -

  I have no information in reference to Simon Clark - but will make inquiry and should it be found that he is a man of good reputation - affidavits to that efect and of his being, or not being, a pensioner, as the case may be, will also be transmitted. [continued]
Page 48

[continued] to that pension office - 

I am Sir Respectfully
Your Obet Servt
Art C Crary



James L Edwards Esqr
Commissioner of Pensions
City of Washington
D.C.
Page 49

Clinton Oneida County N.Y.
Feby 18" 1834

Sir

I have been requested by Mr John I Marcellus of Constantia, County of Oswego to forward to the Pension Office the enclosed affidavit, (explanatory of his Declaration file) - and to state: that the witness by whom his. services (are supposed to be proven) are now pensioners, and that they are in receipt of pensions for the same services named in this affidavit accompaning Mr Marcellus' Declaration -. If these statements are correct, is it not probable Sir, that in their applications for pensions, these witnesses explained the facts on which now rest their apparant disqualificati ons as witnesses in this application

I am Sir Respfy
Your Obet Servt
And C Crary



James L Edwards Esqr
Comm of Pensn
City of Washington
Page 50

House of Representatives
January 27 1853

Sir

The news of John I Murcellus deceased who some fourteen years ago applied for a pension for his Revolutionary services under the act of 1832 (I suppose) desire the case would be re-examined believing that the case was made out & some of the proofs furnished were overlooked

May I ask early attention to this.

Yours respectfully
Leander Babcock



Hon James E Heath
Comr of Pensions
Page 51

J Southworth
Date 15th Feb 1834
John I. Marcelles



Hon. J. Turrill
Page 52

Dear Sir,

Sometime since I directed a letter to you in behalf of John I. Merselles, an applicant for a pension under the Act of Congress June 7. 1832 - The letter contained some representations of his case and the certificate of Judge Skinner of means I have never heard from you or The Department in relation to the success of the thing be so kind for as to inform  me of the prospect for Merselles & oblige your to

Jas Southworth

Feby. 15. 1834 —



Joel Turrill
Page 53

FREE

CLINTON N.Y.
JUL 14



James L Edwards Esqr
Comm of Penns
City of Washington



here at NY
Isaac Merrit
Page 54

Clinton - Oneida Co
New York July 4" 1839

Sir

I have reviewed your letter of the 25" of June - requesting the names of Marcellus' witness whose names are on the Pension Roll; - they are, J Cornelius Van Sice, Simon Clark - and John Degraff as I am informed by Mr. Marcellus -.

The Pension Certificate of Mrs Molly Merritt has been removed -; but that of Isaac Merritt - is not -; the claims of Mr Merritt's being borne on the services of Isaac Merritt - (and if I mistake not =) the [illegible] of Isaac Merritts' application having been from under proven to the execution of Mrs Merrit's last affidavit, indure me to believe that Isaac Merritts papers have not been received at the Pension Office; - or that they have been filed with his original declaration &c - and the fact that his Certificate has not been forwarded - forgotten.

I some time since forwarded the affidavits of Samuel Royce and Barnibus Pond in support of Samuel Curtis' claim to a pension - 

I am Sir Resply
Your Obed Serv
A. C. Crary



James L Edwards Esq
Comm of Pens
City of Washington
Page 55

To The Hon. J. Turrell —

Dear Sir

We whose names are hereto subscribed, residing in the towns of Constantia and Hastings in the County of Oswego N.Y. beg leave to address you in behalf of John I.. Merseles our townsman and neighbor who has as we are informed, made application for a pension under the late act of Congress for the relief of certain surviving officers and soldiers of the Revolution; he states that his services were performed at Fort Stanwix Oneida Co N. York for three years as a private in Van Schaick's Regiment and in the Company commanded by Capt. Hardenbergh that he has not been able to find any living witness to his said services; and that the persons who were his mess-mates are dead as far as he has been able to ascertain that his mother, who has furnished her affidavit as well as John DeGraff & his brother, Tecarus Merseles are the only witness he can find and their reccollection is so imperfect as to the facts ought to be proved and their memories so impaired from age that their statements are not sufficiently full to satisfy the War Department - 

Now we believe from our acquaintance with Joh nI Merseles that he was a Revolutionary Soldier and did perform the services which he states, that he is a man of good standing and that he is a man of truth and veracity and has ever been, as far as we know, considered one of the soldiers of the Revolutionary Army and we have no hesitation to say that he can claim the relief granted by the above mentioned Act of Congress: - being of this opin- [continued]
Page 56

[continued] [opin]ion we have united in this representation of this case, and respectfully request that you will represent his case favourably at the War Department, (Pension Office) and be assured you will perform an act of deserved kindness to an old Revolutionary Soldier as well as obtain the thanks of your humble servants

Cleaveland Oswego Co.
N York
Dec 31st 1833 }

Saml.. H. Stevens P. M. Cleaveland
C. R. Clark Rotterdam
Jenicon M. Sice Collector of the Town of Canpton tin
Samuel Wharton JP
Gustavus Jewell - JP
Samuel W London Clergyman
Sylvanus Allen Farmer
William Ford J.P.
Russel Fitch J.P.M. Anteal Tyccoon
W. J. Roosevelt Farmer
Miles Hotchkiss Central Squire
Lins Parkeson Post Master Vienna N



I hereby certify that I am acquainted with the person who have signed the preceeding statement, & believe them to be men of truth and veracity, and that this statement is entitled to full credit - 

Avery Skinner
Judge of Oswego Co. County
Page 57

State of New York
Sullivan County ss }

On the 25th day of June 1838 personally came before me Burroughs Philips one of the Justices of the Peace in the said county of Sullivan John C Van Sice who being first duely sworn deposeth and says that he was a soldier in the time of the revolution and seerved in Col Van Schaicks regiment a part of the time and served at fort Stanwix served also in Col Gansworts regiment and says that he knew John Mercellus he was a soldier in Colonel Van Schaicks regiment Lieut Col Van Dyke Major Fink or Vink his Company Officers were Capt Van Ness Leiut Hardenburgh Ensign Wendell one [illegible] was Adjutant of the regiment he knew John Mercellus, from a boy in Schenectady we were born and brought up in Schenectady together untill the war came on then I enlisted and went in the service, when I was at fort Stanwix I belonged in the same regiment with him John Mersellus Co Van Schaicks regt I have been on duty with John [continued]
Page 58

Mercellus under Lieut Hardenburgh and Ensign Wendell several times I did not belong to the same company, he served in the same regiment with me, but not the same company

John Mercellus was an honest faithful soldier but, verry ignorant dutchman, after the war was over and we had returned home to Schenectady I was acquainted with him for many hears after the war. I never to my knowledge have seen John Mercellus discharge, but I am  confident from my acquaintance with him that he obtained and honorable discharge. If he had not I should have known it, and he would have been [illegible] of it, I believe that John Mercellus served as an Enlisted soldier more than three years in the continental army. he enlisted I think in 1779 I am very confident he did

This deponent further says that colonel Van Schaicks regiment belonged to the New York state line

John Mercellus served in Col Van Schaicks regiment in General James Linton brigade

Sworn to and subscribed
before me this 26th June 1838
Burruss Phillips Just of Peace }

This deponent says he is a pensioner of the United States

John C. Van Sice
Page 59

Sullivan County
Clerks office } ss

I David Martin Clerk of the County of Sullivan do hereby Certify that I am personally acquainted with Burros Philips and know that he is now an acting Justice of the Peace of the town of Rockland in the County of Sullivan  In testimony whereof I have here unto set my hand and affixed the seal of said county this 23 day of June AD 1838

David Martin Clerk of said Co
Page 60

I certify that I am personaly acquainted with John C Vansice who is a resident of the Town of Rockland in Sullivan County the within named Deponent who says he is seventy eight years old he is of good moral Character and entitled to full Credit

Burress Phillips Just of Peace

Rockland 25 of June 1838
Page 61

Free

L Babcock
MC

Hon James E Heath
Court of Pensions
Washington



Jan 28/53
Jany 28/53

Reccomendation of the 
case of John I.
Marcellus decd.

Hon: S. Babcock
H. Reps.
Page 62

War Department
Pension Office
August 7. 1839

Sir,

It is paid by John I. Marseles that Cornelius Van Sice, John DeGraff and Simon Clark, three of the witnesses in support of his claim, have been pensioned for similar service. There is no evidence in this Office that Van Sice was a soldier in the New York line. If a pensioner, the name of the Town and County in which he resided should be given. The Pensioner on the roll of the name of John DeGraff, of the County of Montgomery, did not belong to the New York line. Simon Clark does not appear to have been allowed a pension.

I am respectfully
Your Obt. Servt.
J L Edwards



A. C. Crary, Esq.
Clinton
Oneida Co.
N. York
Page 63

J. L. Edwards Esq.
Pension Office
Washington

H o R for [illegible] County
[illegible]



N.Y.
John I. Marselles

No. 23298
Suspended [illegible]

Hon. J. Turrill
Page 64

Washington Jany 20th 1834

J. L. Edwards Esq

On 21 I new the inclosed yesterday. I am not personally acquainted with the individual who asks a pension, but I am well acquainted with record of the gentlemen who have signed the enclosed paper. They are men of the first respectability in the community where they reside. I would therefore invite your particular attention to the case

Yours Respectfully
J Turrill
Page 65

GB. Throop PM

[illegible postmark]

To
James Southworth
Camden
Oneida Co
Page 66

Auburn June 13. 1833

D Sir

Your letter addressed to the PM has been received And I have made inquiry concerning the persons of whom you enquire

One of them has a son here - He informed me that they were both dead - and that they served in the war as you stated this is all the information I have obtained

I Am Respectl Yours
Edwin Reevess
Apt PM

James Southworth



The above is the reply of the Post Master at Auburn to whom I wrote to know if Lieutenant Hardenburgh was living (the same Hardenburgh mentioned by John I Mersellus) and also to inquire of Capt Hardenburgh now living, Capt Hardenburgh commanded a Company in the same regiment

I was known to Mersellus - It seems both are dead. I went to schenectady for the old man after witnesses I found him Wolther a very aged woman & John DeGraff also quite aged & have provided both their affidavits - I could find no thers named to me by Merselles; they were dead

I am satisfied that Merelles was a soldier and served as stated. I found many that knew him after the war & who also knew the officers under whom he went &. they say it has always been alowed that Marsellus was a soldier as he states

July 1 1853
Jas. Southworth
Page 67

State of New York
Madison county } ss

On the twentyeth day of June in t he year of our Lord one thousand Eight hundred and thirty Eight appeared before me, John Potter one of the Justices of the peace in and for the said county of Madison John Kelch who after being duely sworn according to law deposeth and says that he was a soldier inlisted in the continental army for nine months in the time of the revolution this deponent says that in the winter of of 1780 he thinks in february he knew John Mercellus at fort Stanwix, now Rome, in the State of New York he was a soldier in the New York line in Col Van Schaicks regiment in Van Nesses company Van Dyck I think was Ct Col - Fink or Vink was major, after I had served out the time I enlisted for, I lived within a few miles of Fort Stanwix 

during the years 1780, 1781, 1782 I was frequently at the fort, I recollect seeing John Mercellus there on duty on gard several times during the said years and in Each of the three years this deponent further says that he was fort Stanwix the day after John Mercellus obtained his discharge for three years service

I was going down the mohawk river with about to Schenectady and I called at the fort. to see if any of the discharged soldiers wished to go to Schenectady John Mercellus said I will go tomorrow I am discharged and showed me his discharge in writing I do not remember the officers name signed to the discharge the next day I called at the fort, Mersellus then said he had Enlisted during the war his officers had promised him a commission this was late in the fall of 1782 soon after Van Schaicks regt left fort Stanwix & I have not seen Mercellus since to my knowledge further this deponant sayeth not

Johon Kelch
x
his mark

Sworn & Subscribed to before
me this 20th day of June 1838
John Potter
Justice Peace }
Page 68

This may certify to whom it may concern that I have been acquainted with John Kelch whose signature is within and consider him a man of good moral Character

June 20th 1838

John Potter Justice Peace



This may certify that I have for more than thirteen years last past been acquainted with John Kelch the within named deponent, and believe him to be a man of Good character for truth and veracity 

Stockbridge June 20th 1838.

Avery S Skinner
P. Master



To all to whom this may concern

This may certify that I am well acquainted with John Potter and that he is an acting Justice of the Peace in the town of Stockbridge in the County of Madison 

dated at Stockbridge June 21st 1838

O R Cook Town Clerk
of the town of Stockbridge



Clerks office Madison County
State of New York }

I Johh H. Farwell Deputy Clerk of the County aforesaid do hereby certify. that John Potter, Esq before whom the foregoing affidavit purports to have been sworn and also whose name appears to the above certificate was at the same time a Justice of the Peace in and for said county duly elected and qualified and that I am acquainted with this hand writing and I verily believe his name subscribed to the foregoing affidavit and certificate is genuine

In testimony whereof I have hereunto set m hand and affixed the seal of said County this 30th day of June 1838


John W. Farwell Dep Clk
Page 69

State of New York
Genesee county ss. }

Personally appeared before me, Simeon Cummings, a Judge of Genesee County, Tecarus Marcellus of the Town of Weatherfield in the County of Genesee, aged sixty three years, who being duly sworn saith that he is Brother to John Marcellus of the town of Constantia and County of Oswego, State of New York; and that he distinctly recollects that in the time of the Revolution the said John went into the service as a private soldier with Capt. Van Ness, in the regiment of Col. Van Dyke.

That this Deponent and the said John lives at Schenectady in the State of New York, at the time of his entering the service. That his recollection fails him as to the time his said Brother was in the service, but knows that he was gone, and said to be in the Army several years; and further saith not.

Tecarus Marcellus
x
his mark

Sworn and subscribed
this 19th day of July 1833
Before me - 
S. Cumings



Genesee County
C Clerk's Office } ss.

I, Timothy Fitch, Clerk of said county certify, that Simeon Cummings before whom the above affidavit purports to have been taken and made was at the date of taking the same a Judge of the county courts in and for said county, and that I am well acquainted with the hand writing of said Judge and verily believe his name subscribed to said affidavit is genuine =

In testimony whereof I have hereunto set my hand and seal of office as Batavia in said County this twentieth day of July 1833

Timothy Fitch Clerk
By B. Pringle Dep Clk
Page 70

The affidavit of John I. Marselles of Constantia Oswego County N.Y., an applicant for a pension under the act of 7" June 1832, explanatory & in addition to his affidavit of the 19th July last. -



State of New York,
Oneida County ss. }

On the 22d day of August 1834 personally appeared before me one of the Supreme Court Com" of said County of Oneida John I. Marselles above named who being duly sworn makes the following affidavit, explanatory & in addition to his affidavit of the 19 July last viz: That he intended to be understood, & does now swear that in the year 1779 he enlisted in the continental troops in the company commanded by Lieut. Hardenburgh, & that Ensign Wendell was an officer in the same Co., & that it was in the Regt. Comd. by Col. N. Schaick, Lt. Col: Van Dyke was generally in command. That he enlisted in the town of Schenectady in the state aforesaid in the year aforesaid in the said Company for 3 years, & did serve out said term & was honorably discharged at [continued]
Page 71

[continued] Fort Stanwix, that his discharge was written & signed by Co: Van Dyke - that he has lost said discharge. That a few days afterward, he received from Col Van Dyke a paper written by him & signed - Commissioning him as an Ensign in place of Ensign Wendell who was killed - that he accepted said Commission & immediately acted upon it as Ensign in sd. company - that soon after the Regiment was mustered & he received pay as Ensign. That Col: Van Dyke told him that the General would sign the commission, as soon as they saw him -  but that this deponent did not see the General till after peace was declared, & the Regiment discharged. That he has fully stated to best of recollection as to the call of his commission on the last page of affidavit. The said affidavit is misapprehended, as it does not state that he served in the militia at the same time that he served in the Continental troops, but that just before his enlistment he had been with the Militia a tour "up to Stony Arabia" & that they were about to be ordered away again, whenupon he enlisted in the continental line. (The following interlineations were made before this paper was signed & sworn to. viz: in the town of Schenectady in the state aforesaid, in the [continued]
Page 72

[continued] year aforesaid, in "   " as to the term of his commission" = 

John I Marselles
x
his mark

Sworn & subscribed (by making his mark not being able to write). -
before me this 22d day of August 1834
the said John I making
his mark because he
was unable to write his name. }

B.P. Johnson
NY Court Common Pls
Page 73

The affidavit of John I. Merselles of Constantia Oswego Co. New York, an Applicant for a Pension under the Act of Congress passed June 7.th 1832 - Which affidavit is made to supply the loss of the Original Declaration heretofore forwarded to the Pension Office - 

State of New York
Oneida County } ss:

On this nineteenth day of July 1834 personally appeared before me James Southworth one of the Justices of the Peace in and for said County of Oneida, John I Merselles an applicant for a pension under the Act of Congress passed June 7 1832 who being duly sworn made the following affidavit in order to obtain the benefit of said Act: That he was born in the City of Schenectady State of New York 1761 or near as he can now recollect that his age is recorded on the Records of the Old Dutch Church in the said City of Schenectady that he has no other record of it in his possession but that it was also recorded in his Father's Bible which Bible is not in his possession that he is 72 or 73 years of age on the 16th July instant according to the best of his memory, has not seen the Record of his age for more than 30 years and is liable to be mistaken a year less or more - that in the time of the Revolutionary War in the year 1779 he enlisted into Capt Van Ness' Company for 3 Years - that he knows of the officers of said Company according to the best of his recollection were Hardenbergh, Leiut. - Wendell, Ensign; Tease (so pronounced) Adjutant W Cracken Major; but soon after his enlistment one Vinck was Major in his stead - Lieutenant Col. Van Dyke's and Colo Van Schaick's Regiment; - Colo Van Schaick was then an elderly man, and did not often appear, Lieut. Col. Van Dyke generally had command - 

That the circumstances of his enlistment were these [continued]
Page 74

[continued] We had been up to Stoney-Arabia (called StoneRobby) under Captain Fondy & Major Swift with the Militia, and on returning, after an absence of three weeks, and before he had been home 2 hours, orders came for them to march to another quarter, that he told his mother he would go and list for 3 Years and Keep not running about from place to place - that it may be necessary & proper for him to state that while he enlisted as aforesaid, he enlisted by the name of John Merselles not John I. that his father's name was John I. Mersellus and that after his father died, which was long after the war, he this deponent, took the name of John I Merselles and has ever since gone by the latter name - that heir fait was not mentioned in his original Declaration - That after he enlisted which was, he thinks in the fall or summer of 1779 he, with 28 privates were sent under Lieut. Handenburgh with a Drove of Cattle to Rome called then Fort Stanwix for the relief of Colo. Gansevort - that after he arrived there, there were, on Saturday, appearances that Indians were lurking about, and Colo Gansevort said it was unsafe for us to return; so we staid and were under his ordering; & about his time, Sir Johnson made his appearance with whom we skirmished for about 8 days - when he (Sir Johnson) disappeared and Van Schaick's Regt. under Lieut. Col. Van Dyke came to New Fort and Relieved Col. Gansevort who, soon after marched off his Regt. that during our stay at Fort Stanwix many incidents happened to us; small parties of us used to be sent on fatigue duty, to cut Sods & the like, some times was hard to scud for life, one morning in particular, a party of 36 under Ensign Wendell were sent to Work Creek to cut sods. and were there surprised and all killed but two; one man by the name of Kidd, an another whose name he does [continued]
Page 75

[continued] not now recollect got into the Fort ; deponent was not in this party - at another time the deponent went to the River to get some fish, as his Pork was too bad to eat; while fishing, he discovered at a distance, several Indians who saw him and came running toward him; that he caught up his gear, fish & pole with out staying to wind his line, and ran for the Fort t hat was hurt and ran like a dog, but that one Indian gained on him and throwing down his blanket & Gun, raised his hatchet upon which, this deponent turned and shot the Indian - through, who jumped 2 or 3 feet from the ground & fell dead; then this deponent turned & cut off the Indians Mocasins took his gun & blanket and came to New Fort; the killing the Indian was in sight of the guard - when he came into the Fort he was put under arrest - but his Captain coming into the place, in a few minutes after, asked, "what have you to John under guard for, for killing the Indians! let him go. so that he was not under arrest more than 5 minutes - Many other such anecdotes and narrow escapes of some of us while there might be stated were it necessary - 

that he remained there until his term of enlistment (which was as a private) was expired, and then he staid several days more, all the while, his officers & some of the soldiers constantly solicited him to enlist during the War assuring him that it could not last long, and he has promised, if he would enlist, he should be promoted to an Ensignery in place of Wendell who was killed with those who went out to cut sods as above stated - that he did enlist & Received an Ensign's Commission - that soon after this, orders came by express for us to return (is ren Regiment) and the Regiment marched off - this deponent with a [continued]
Page 76

[continued] number of other soldiers under Lieut Hardenburgh to guard stores remaining behind untill orders came, with news of a cessation of hostilities, for us all to March to Schenectady which we did and from that place we were marched to Albany where we redc, pay in what was called "New Emission Money & discharged that if his memory serves him, he was discharged in the fall of 1782 - after a service of 3 years & 3 months - and received a written discharge, an not certainly tell who signed it, John Wendell signed some of them; that he has lost both his discharge & Warrant or commissionary; that hence in 1818 took them to Albany to apply for a Pension but was told by his lawyer that he had too much property; and that since that time he has not seen them, but has caused a search to be made for them & has looked much himself but without finding them and that they are lost - that after the war a number of years, he moved Providence Saratoga Co. N. York from there to Constantia Oswego Co. NY. Where he now resides & has for several years past. - That he is informed that his Original Declaration is lost, and that he does not know that all the affidavits of Witnesses to his services at the Pension Office of not - that he has procured the affidavit of John DeGraff of Montgomery Co. sworn before Abner Van Horne J.P. setting forth his enlistment as above and as to his also came for a long time under the general understanding that he was at Fort Stanwix, and also the affidavits of his Witness to the same, likewise taken & sworn to before Abner Van Horn aforesaid, which affidavits have been duly certified to by the Justice and the Seal of the Clerk of said Montomery Co. affixed to a certificate of the official Character & signature of the said Justice, and all forwarded to the Pension office and also Tecarius his brother's affidavit - that he hereby relinquishes every claim, whatever, to a pension or annuity except the present and that his name is not on the roll of any pension Agency or any state or territory - that he is known to the principal inhabitants of this part of the County who have once testified to his good character - 

John Merselles
x
his mark

{ Interlined "after a period of 3 years and 3 months - 3 months as Ensign made before the head this signed

J. Southworth J.P.

Sworn & subscribed before me July 18th 1834
Jas Southworth Justice of the Peace



Oswego County ss. 

I certify that I am well acquainted with John I. Merselles herein named who was by me sworn to this affidavit and that he sustains a good charrachter for truth & veracity 

Jas Southworth J.P.

23298
Page 77

State of New York
Oneida County - ss -

John "I" Mercelles late Town of Constantia Oswego County - and the State aforesaid - being duly sworn says that he is the identical John I Marselles named in a declaration on file in the Pension Office -; that on the fifteenth day of September 1779 - as near as the deponant can now recollect - be enlisted in Captain Van Ness' Company of Col Cornelius Van Dyke's Regt of the New York Line - for the period of three years - that he faithfully served said period of three years and was honourably discharged at Fort Stanswater (now Rome) in said County of Oneida) - the twenty [illegible] day of September 1782 -,

And that deponant further says that the Hardenburgh name ed by the witness for this deponant was a Lieut in Capt Lieut - Colonel of Col Van Dykes [llegible] Regt and that Van Scharick named by said witness was a Lieut in Col And Van Dyke's Regt; first Col of serv - also that Lieut Col Van Schaick - was an old nam and was at Albany - The greater part of said term - but was at Fort Stanwicks occasionally -; That the reason for serving fourteen days - over & by some of said enlistment was that shortly after this deponant served, as enlisted he was about on extra duty - fourteen days longer than was thought necessary - and that said time was deducted from his services - and that Van Ness was a Capt of said Regt

John Marellus
x
his mark

Subscribed & Sworn this 
8 day of Feby 1834 —
W H Hubbard Com. of Deeds
Page 78

Clerk's office
Oneida County, } ss.

I, James Dean Clerk of the said County, certify that William H. Hubbard Esquire was on the 8th day of February 1839, a Commissioner of Deeds of the said County, duly commissioned & sworn; that i am well acquainted with his hand writing, and that, the signature, purporting to be his, at the bottom of the preceeding page, is genuine.

In witness whereof I have hereunto set my hand & seal of office this 20th day of February; 1849.

James Dean, Clerk
Page 79

John I. Marsellus

Supporting Affidavts

Forwarded by A[illegible] C
Crary - of Clinton
Oneida County
N. York

Octr 16th 1839
Page 80

State of New York
Madison County ss

James More of Lenox in said County - being sworn says - that he has been acquainted with John Kelch of Lenox aforesaid - who subscribed the foregoing affidavit and [illegible] - and has known said Kelch several years last past - and that he believes the said Kelch to be a reputable person and his statement entitled to credit.

James Moore

Subscribed and
Sworn this 14th day of
August 1839 Before me

John Potter Justice Peace



State of New York
Madison County ss

Prescott McDoel Post Master of Bimmster Comms Madison County - being duly sworn says that he is well acquainted with John V Kelch - of the place last aforesaid in the Town of Lenox - and has known said Kelch - several years last past t hat he this deponent has assisted said Kelch in drawing his pension money - since the date of his pension certificate - but has not acted as the attorney of said Kelch in accepting the said pension money - that said Kelch is a reputable person and his statement entitled to credit -

P McDoel

Sworn & Subscribed
this 14th day of Augt
1839 - Before me }

John Potter Justice Peace
Page 81

State of New York
Madison County ss
Lenox

Jesse Loomis at Lenox in said County Being sworn says that he is well Acquainted with John Kelch of Lenox aforesaid is a reputable person and his statement is entitled to the fulest credit

Jesse Loomis

subscribed & Sworn
this 17th Day of August
1839

John Potter Justice Peace



State of New York
Madison County ss

I John Potter Justice of the Peace before whom the foregoing Affidavit subscribed by Jesse Loomis was sworn to hereby certify that I am well acquainted with said Loomis that he is a respectable person and his statement is entitled to the fullest Credit

Given under my hand
This 17th day of August 1839

John Potter Justice Peace
Page 82

State of New York
Madison County ss - 

I John Potter the Justice of the Peace before whom the foregoing affidavit subscribed by John Kelch and the annexed affidavit subscribed by James Mose, Prescott McDoel, and Jesse Loomis - were subscribed and sworn - 

do hereby certify that the said Kelch, More, & McDowel - & Loomis - are well known to me that they are reputable persons and that their statements are entitled to the fullest credit -: That said McDowll is Post and the said James More - a practicing physician of the Town of Lenox aforesaid

In testimony whereof I have hereunto set my hand this 14" day of Augt 1839 —

John Potter Justice Peace
Page 83

State of New York
Madison County ss - 

John Kelch of Lenox in said County being duly sworn says - that he is well acquainted with John I Marcellus - and has known said Marcellus since the time of his the said Kelchs' services in the Army of the Revolution - that said Marcellus was during the War of the Revolution a private in Col Van Scaiks' Regt of the New York Line - then station at Fort Stanwiks and that this deponant was a private in Capt Ellsworths' Compy - of Col Willerts Regt of the New York Line - that this dept now draws a pension of 30 dollars per annum on account of this said services - that his pension certificate was issued the 30 of July 1833 - and recorded in Book E - Vol 3 - . and that said services were rendered in the latter part of the Revolution

John Kelch
x
his mark

Subscribed & Sworn
this 11th day of Augt
1839 - Before me
John Potter Justice Peace
Page 84

State of New York
County of Madison } ss

I John Farwell Deputy clerk of said County do hereby certify that John Potter Esq. before whom the annexed and foregoing affidavits purports to have been sworn and also whose name appears to the foregoing certificates was at the date of the same as of the Justices of the peace in and for said County and that I am acquainted with his hand writing and verily believe his name subscribed to the said affidavits and Certificates to be his proper hand writing and signature

Witness my hand and seal of offie this 24th day of September 1839.

[seal affixed]

John W Farwell Dep Clk
Page 85

State of New York
Schenectady County ss - 

Danile S Degraff of Schenectady in said County being duly sworn says that he is well acquainted with John Degraff - of Coughmanaga - in the county of Montgomery - and has known said John Degraff more than twenty five years last past - that said John Degraff is now a pensioner of the United States and that he is a reputable person and that his statement is entitled to the fullest credit - 

Daniel S DeGraff

Subscribed & Sworn this
24" day of Sept 1839 }
before me AA Vedder a Justice of the Peace in and for the Court 
[illegible]



State of New York
Schenectady County ss -

Joseph Peck - of Schenectady being duly sworn says that the is well acquainted with John Degraff above named that he is a respectable person and that his statement is entitled to the fullest credit - that he this deponant has known said Degraff more than fifty years last past -

Joseph Peck

Subscribed & Sworn this
24th day of Sept AD 39 }
before me AA Vedder a Justice of the Peace in and for the Court 
County of Schenectady

I further testify that I am well acquainted with the above named Daniel S. DeGraff & Joseph Peck - the above Deponents & know them to be credible witnesses

AA Vedder Justice Peace
Page 86

STATE OF NEW-YORK
COUNTY OF SCHENECTADY,
CLERK'S OFFICE. } ss.

I, Archibald Campbell Clerk of said County, DO HEREBY CERTIFY, That Albert A. Vedda before whom the foregoing Affidavits were subscribed and sworn, was at the time of taking the same a Justice of the Peace in and for said county, duly commissioned and qualified as such; and that I am well acquainted with the hand writing of the said A A Vedda the Justice aforesaid and verily believe that the signatures to said Affidavits and Certificates are genuine.

In Witness Whereof, I have hereunto set my hand and affixed the seal of said county, this 24" day of September 1839.

Arch A. Campbell Clerk.
Page 87

Amended Declr of John I Mercellas an applicant for Pension under the Act of June 7 1832

State New York
Oneida County } ss:

Personally appeared before me the undersigned a Justice of the peace in and for the said County of Oneida, John I Marcellus the individual & identical person named in the Original Declaration hereto annexed, who being duly sworn saith that by reason of his age and bodily infirmities and the consequent loss of his memory he can not 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 three years I served as a private to wit, from the middle of May (as he believes, the 18th.) 1778 to the last of May 1781 - and from the first of June after, he served three months as an Ensign - in the same Company stated in the Declr hereto annexed 

I was at the Fort Stanwix while Sir Johnson (a British Officer) endeavored to take the Fort Skirmish about 8 day - In the time while our Regiment lay there - Col. Gansevoort: Regiment was at the Fort - I know him - my officers gave me the name of an honest, faithful soldier and so I was in pay discharge stated - for the services above stated I claim a pension - 

John I. Marcellus
x
his mark

Sworn & subscribed before me
this 7th day of June 1833
Jas. Southworth Justice of the Peace }
Page 88

23298

State of New York
County of Oneida ss

I Geo Brown clerk of said County do certify that James Southworth before whom the foregoing affidavit purports to have been taken was at the date of the same one of the Justices of the Peace in and for said County. And that I am acquainted with his hand writing & verily believe his name subscribed to the said affidavit to be his proper hand writing & signature. -

Witness my hand & seal of office at Utica in said County this 2nd. day of July 1833.

Geo Brown Clerk
Page 89

6897

P.O. [blank]

John J. Marcellus
REJECTED

Service: [blank]

Enlisted: A.o.t. , 18 [blank].
Discharged: Aug 13, 1906 , 18 [blank].

Application filed: [blank], 18 [blank].

The printed list of 1852 shows cause for suspension "He claims for three years service in the New York line, but the muster & payrolls discredit [illegible], both himself & his witnesses.

Re-enlisted: [blank]

Attorney: [blank]
P.O. [blank]
[blank] Recognized. [blank] Contract.
[blank] Cert. of Dis. Searched for [blank], 18 [blank].



1923 - Sept. 25. Hist to A. L. Truax awf