Revolutionary War Pension and Bounty Land Warrant Application File S. 5440, Nicholas Harris, New Jersey
Page 1

(8-1776)

[column headings:
Service
Number]

Service: 
New Jersey

Harris, Nicholas

Number: S5440

carded
Page 2

50,547
Pennsylvania (double underlined)
Nicholas Harris of Philadelphia in the State of Pennsylvania who was a private in the Company commanded by Captain Wensell of the regiment commanded by Col. Hall in the N. Pennsylvania line (with line thru the word) for six months ,

double scored line across page

Inscribed on the Roll of Pennsylvania at the rate of 20 Dollars -- Cents per annum to commence on the 4th day of March, 1831.

double scored line across page.

Certificate of Pension issued the 25th day of February 1836 and sent to Hon. I. B
Page 3

Declaration of Nicholas Harris, in order to obtain the benefits of the Act of Congress passed 7th June 1832, City of Philadelphia, State of Pennsylvania, S.S.
On this Sixteenth day of February 1835 personally appeared before me Archibald Randall one of the Judges of the Court of Quarter Sessions, Common Please, and Orphan's Court for the City and County of Philadelphia, and ex officio one of the Judges of the Court of Oyer and Terminer for the said City and County, comprising the first Judicial District of the State of Pennsylvania, Nicholas Harris, a resident of the City of Philadelphia, at his residence in Lombard Street in the Said City, who by reason of bodily infirmity is unable to appear in Court, and being 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 17th 1832 that is to say, that he, the deponent Nicholas Harris, was born in Upper Alloways Creek, Salem County, New Jersey on the Twenty Sixth day of April in the Year One Thousand Seven Hundred and Sixty, that on the Twenty Sixth day of April One thousand Eight hundred and Thirty Five, he will have attained Seventy five Years of Age; That this
Page 4

record of his age is taken from his father's family bible, which he believes is now in possession of his brother in Salem County New Jersey; That he resided in Upper Alloways Creek, Salem County New Jersey, at the time when he was called into the service of his Country. That he resided in Salem County N.J. since the Revolutionary war, until the Year One thousand Eight hundred and Eighteen, when he removed into the City of Philadelphia, where he has continued to reside until this present time. That he was, in the first place, drafted into the Service for a month, sometime in the month of August, either in the Year 1776 or 1777, in a Company of Militia, Commanded by Capt. Cornelius Pittsgrove, Salem County N.J. and marched with this Company from Salem County to Billingsport in Gloucester County New Jersey, and performed duty in that place which was then a fortification, until the expiration of the month, when he was discharged and ordered home, he did not receive any written discharge; That in the February following he was again drafted in a Company of Militia Commanded by Captain William Smith, attached to a regiment Commanded by Col. Benjn Holmes and marched to Elsinborough Shore, Salem County, N.J., where he encamped, the Enemies forces laying in sight, it being winter and the river frozen, the Enemy annoyed them much by their repeated efforts to effect a landing. Here he served out his month, when he was discharged and ordered home without any written discharge. In the month of March following the Enemy had possession of the town of Salem N.J. This deponent was then a Volunteer
Page 5

in Captain Smith's Company of Militia of Col. Benjamin Holmes regiment, and was engaged in the battle at Quintons Bridge, about three miles from the town of Salem, when the American forces were defeated and the Company to which he belonged were nearly all cut to pieces. He had a brother named John Harris dreadfully wounded in this engagement. He recollects distinctly that Elisha Edmonston, the lieutenant of his Company was shot dead: He was likewise engaged after the battle in assisting to remove the Dead. In the month of October following, Deponent was again drafted in the Company of Militia, Commanded by Capt. Charleton Shepherd, the lieutenant's name was Benjamin Curtis. Deponent thinks they were under the Command of officers belonging to the Regular Service; He marched with this Company to "Red-bank-fort" opposite to ["Mud-fort"?] in Gloucester County New Jersey. A Col. Green, whom he thinks belonged to the regular Service appeared to have Sole Command. Deponent was engaged in the battle at Red bank, the bombardment he thinks lasted for six days: After this battle he marched with Captain Shepherd's Company of Militia to Haddonfield, Gloucester County N.J. and encamped at that place with a large body of Militia together with Col Morgan's Regiment of Rifle-men; Col. Morgan was there himself. There were also in this encampment troops whom he thinks belonged to New England: whilst he was encamped at Haddonfield, the Enemy were over-running the adjacent County. Deponent was Constantly engaged in Skirmishing. The most severe Skirmish in which  he was engaged, was near Timber Creek. Col Morgan's rifle Company
Page 6

was in that engagement. Deponent thinks they (the Americans) took about One hundred prisoners. He does not recollect any Regular officers were killed in that engagement. He was again Ordered home without any written discharge.
In the Summer following as near as He can recollect, about the month of June, He enlisted in Captain Daniel Winsell's Company called the State troops, raised by the State of New Jersey, and marched with that Company to Philadelphia, and remained in that City about five days, waiting for orders, he marched from there to Elizabeth-town in the State of New Jersey and near to the State of New York and encamped there: He has no recollection of the name of the officer Chief in Command: He was stationed there upwards of two months; He recollects that Major Hayes took Command on the parade every Morning and Evening. Deponent was ordered from Elizabeth-town to Minnisinks in New York state. When he reached Hackensack, the orders were Countermanded, and he was stationed in and about Hackensack under the Command of Col. Fell: He remained stationed at Hackensack for about five months: He recollects that Fifty men were sent from the Hackensack station to (he thinks) Powles-Hook to assist in an attack on that place by General Wayne--Deponent was marched from Hackensack back again to Elizabeth-town (N.J.) and formed a body of American troops. He does not remember the name of the Commanding officer --Major Hayes and Col Fell are the only two officers high in Command of whom he has any recollection. Deponent remained here until he was discharged; Captain Daniel Winsell promised to send him a written discharge, but he never received it
Page 7

Nicholas Harris, the deponent further states that he does not know of any person now living, whose testimony he can procure to testify to his services, except his brother Abraham Harris of Salem County New Jersey, whose deposition accompanies this declaration, nor has he any other kind of documentary evidence to furnish; That he his personally and well known to the Reverend Willima T Brantley, pastor of the First Baptist Church in the City of Philadelphia, and to John Oakford of the District of Southwark in the County of Philadelphia who can testify to his character for veracity and their belief of his services as a soldier of the Revolution. 
He hereby relinquishes every claim whatever to a pension or annuity except the present, and declares that his name is not on the pension roll of the Agency of any state.
Sworn to and subscribed before me the day and year aforesaid, to wit, the Sixteenth day of February AD 1835 Archd. Randall
[signature] Nicholas Harris
Mr. William T. Brantly a clergyman residing in the City of Philadelphia, and John Oakford, residing in the district of Southwark in the County of Philadelphia, hereby Certify that we are acquainted with Nicholas Harris, who has subscribed and sworn to the above declaration; that we believe him to be Seventy five years of age or thereabouts; that we have always known him to be a man of strict integrity and veracity, that he is repeated 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 before me Feb. 16 1835 Archd Randall
[Signatures}
Wm T Brantly, Pastor, 1st Bapt. Ch.
John Oakford
Page 8

I Archibald Randall, the within named, do hereby declare my opinion, after the investigation of the matter, and after putting the interrogatories prescribed by the War Department, that Nicholas Harris the within named applicant was a Revolutionary soldier and served as he states, that this belief is general among his acquaintance, and no doubts have ever existed among them, upon this subject; - And I do further certify that it appears to me that the Reverend William J Brantly who has signed the preceding certificate is a clergyman resident in the City of Philadelphia and that John Oakford who has also signed the same is a resident of Southwark, Philadelphia County and is a credible person, and that their statement is entitled to credit; And I do further certify that the said applicant Nicholas Harris cannot from bodily infirmity attend the Court. 

 Arch Randall
State of Pennsylvania
City & County of Philadelphia

I Richard Palmer, Prothonotary of the Court of Common Pleas for the City & county of Philadelphia, do certify, that the Honorable Archibald Randall, by whom the foregoing certificate is made and signed and before whom the within attestations were made, was at the time of so doing, and still is, one of the judges of the Court of Common Please, Quarter [ ] and Orphans Court for the City and County of Philadelphia, and Ex offices one of the judges of Court of [ ] & Terminer for the said city & county, and that the signatures annexed are his genuine signatures, and that to all his acts as such, full faith and credit are due. 
Witness my hand & seal of office this 7th February 1835

[ ] Protty
Page 9

New Jersey        Harris, Nicholas    S.5440

                                                   Carded
Page 10

State of New Jersey
County of Salem
Personally appeared before me the subscriber [?] the Justice of the Peace in and for the County of Salem, N.J. Abraham Harris, who being by me duly sworn according to law did [] and say - that he was eighty eight years of age on the sixteenth day of [Dec?] that he resides in the Township of Upper Alloway Creek in the County of Salem aforesaid and that he and his brother Nicholas Harris resided there during the Revolutionary War - that his brother Nicholas is younger than this deponent about 13 years and that he remembers very well that his brother Nicholas Harris served as a soldier during that [] - that he was out on service occasions. He remembers that his brother served in Captain [Newkirk's?] Company of Philadelphia Militia.
Page 11

about a month or more at that time. He thinks that Nicholas lives also at Quentin's Ridge at the time of the fight with the English - he is not positive as to that fact but thinks he was there - his brothers Isaac & Jacob Harris were there & Jacob was very badly wounded after remembers that his brother Nicholas enlisted and marched up to the borders of York States where the enemy then lay, he remembers that he was out all one summer - but he cannot well recollect under what officers he served at that time.

Taken, sworn & subscribed before me at Upper Allaways Creek Salem County N.J. Feb(ruar)y 6th A.D. 1835
s/ Merriman Smith
s/ Abraham Harris

Joseph Kille Clerk of the Inferior Court of Common Pleas and for the County of Salem do hereby certify that Merriman Smith Esq. before whom the action was taken, is a Justice of the Peace in & for the County of Salem, N. Jersey - duly commissioned & sworn into office and as such, authorized to take affidavits, etc. In witness whereof I have hereunto set my hand and affixed the seal of the said Court this sixth day of February A.D. Eighteen hundred and Thirty seven. J. Kille, Clk. State of New Jersey
Page 12

State of New Jersey
County of Salem

I, Joseph L. Risley, one of the Judges of the Inferior Courts of Common Pleas in and for the County of Salem in the State of New Jersey do hereby certify that the foregoing and annexed attestation by Joseph Kille, Clerk of the said county of Salem is indeed factual and that he is the proper officer to make said attestations.

Given under my hand this sixth day of February A.D. in the year Eighteen hundred and Thirty five.
s/ Joseph L. Risley
Page 13

I.L. Edman  Esq

Pension office
Page 14

Nicholas Harris will doutbley agree to accept the (illegible) as suggested by the Department.  (illegible) will (illegible) please make out the certificate.  
Yours
(illegible)

Wednesday
Page 15

5440
INVALID.
File No.  5440
Nicholas Harris
(Illegible)  Rev War
Act: June (illegible) 22
Index:-Vol. M, Page 158
Arrangement of 1870
(checkmark)
Page 16

Sirs (illegible)
per letter 3 June 35
to Mr J (illegible)
(illegible0 to J Eakin
let 30 Dec 35 (illegible)
J.B. Sutherland - do to
Jamie Feb 2nd 1836 to 22 Feb 36
Nicholas Harris
Page 17

J. L. Edward's Esq
Pension office
Washington
Page 18

(illegible) 

Dear Sir,

I herewith send you the papers of Nicholas Harris a Revolutionary soldier of great respectability. You will oblige me much by promptly attending to his case. I hope, all the objections, are now removed. He has had much difficulty in obtaining the official papers from New Jersey. I have a great interest in Mr. Harris' application as he is worthy of the notice of his country.

Yours
J.B. Sutherland
Page 19

Altered
 
Mr. Harris'
papers

2 Mailings
prepared by the office (illegible) for Mr. (illegible) Aumack

Hermanus Brooks
N.J. State Troop
Robert Gould, Bergen State Troops

Hon. J.B. Sutherland
Hon. J.B. Sutherland
H(ouse) (of) R(epresentatives)
Page 20

War Department
Pension Office
February 2, 1836

Sir,

The case of Nicholas Harris has again been examined; and the same difficulty which presented itself when the claim was first investigated still exists. No evidence except his own declaration can be discovered to show that there were enlistments for six months in New Jersey in 1778. My letter of the 3rd of June last, addressed to you his herewith returned. That will show more fully the state of the case. 

I have to honor to be very respectfully your Obedient Servant,

J.L. Edwards


Hon. J.B. Sutherland
House of Representatives
Page 21

War Department
Pension Office
Dec. 30. 1835

Sirs,

I herewith enclose W. Oakford's letter to you, and have to state that the claim of Nicholas Harris continues suspended, for the reasons contained in the letter to you of the 3rd June last, a copy of which is enclosed.

I have the honor to be
Very respectfully
Your Obit. Servt.
J.L. Edwards

Hon J. B. Sutherland
House of Representatives
Page 22

War Department
Pension Office
December 3, 1835
Sir,
The papers in the case of Nicholas Harris have been again examined and filed with suspended cases in this office. There is nothing in the additional evidence exhibited to establish the fact of the applicant having performed regular military duty under Col. Fell for a period of six months, as alleged. That officers, as well as the other soldiers under whom the applicant served, were militia officers. The militia of New Jersey were not required by law to serve more than one month under one engagement. The applicant is therefore in an error in supposing that he served under an enlistment for six months. It would appear that he resided in Salem County, and that he performed the service for which he claims as an enlisted soldier in Bergen County, under the militia officers of that county, being in a distant part of the state from his place of residence. Unless it can be shown more satisfactorily that the applicant performed six months’ continuous service, his claim to a pension cannot be allowed.
Hon. J.B. Sutherland Phila.
(Signed) Sam. S.E. Edwards
Page 23

Hon.: J.B. Sutherland
Member of Congress
Washington City, D.C.
Page 24

Phila. 6th December 1835
Hon. J.B. Sutherland
Sir,
My respected old friend & neighbor, Nicholas Harris, is rapidly yielding to the inroads of time and his infirmities. He served on a tour of duty during the Revolutionary War for 6 months, and participated in one or two severe engagements.
These facts he has communicated to the Pension Office, corroborated by all the authentic testimony which the imperfect records of those bustling times can furnish. I prepared the papers for the old gentleman, to save him from the expenses, which I am told are sometimes exacted by the pension brokers about town.
The printed instructions from the department were followed with the nicest exactness. The last accounts he received from Washington seemed to indicate that the department had a favorable view of his case, but required time for further advice and adjustment.
Your attention to his matter will confer a well-deserved favor on a worthy, though indigent, old soldier of the revolution, as well as much oblige,
Very Respectfully,
Yours,
(Signed) Thos. Ashford
Page 25

City and County of Philadelphia
State of Pennsylvania
In the Court of Common Pleas for the City and County of Philadelphia
Nicholas Harris, named in the declaration made by him on the fourteenth day of February 1835, before the Hon. Archibald Randall, one of the judges of the said Court, in order to obtain the benefit of the Act of Congress passed June 7, 1832, comes this day into open Court and being duly sworn according to law, doth depose and say: That he entered into the service as a private in the Company commanded by Capt. Daniel Wringell (as set forth in his declaration) to the best of his knowledge and belief, about the latter end of June one thousand seven hundred and seventy-eight [1778]. He is certain in his recollection that it was after the British had evacuated Philadelphia, and about the time of the battle of Monmouth; that he entered for the term of six months, the time to be reckoned from the time he joined the Camp; the impression on his mind at the time and ever since is and has been that he enlisted; a description of his person was had and taken before a Justice of the Peace, who likewise administered an Oath of fidelity to the Military authority of the Country; that he likewise received a bounty at the time.
Page 26

time, out of which county he had to equip himself; that he has been diligent in his endeavors to obtain from the Secretary of State of New Jersey information as to the law, authorizing such kind of service as he performed under Major Hayes and Col. Fell and that all the official information he has been enabled to procure accompany this paper, annexed.; That he served out his full term of six months monthly, and was regularly discharged from the service.: He further deposes and says that he was drafted in Captain Charleston Shephards Company of Militia for one calendar month and served out the entire time and then he was discharged.

Sword & subscribed in open court this 20 day of May A.D. 1835
s/ F.A. Raybold
s/ Nicholas Harris

And thereupon the said Court do hereby declare there opinion that the above named applicant was a Revolutionary Soldier and served as he states.
s/ Arch. Randall
s/ Edward King
Page 27

Philadelphia City and County
State of Pennsylvania

I, Richard Palmer, Prothonatory of the said court of Common Pleas for the city and county of Philadelphia do certify the foregoing to be the original proceedings hadin the 
said court in the matter of the application of Nicholas Harris for a pension, and I do further certify that the Honourable Archibald Randall and Edward King who have subscribed their names thereto, were at the time of their signing and still are judges of the said court, and that the said signatures are their genuine signatures.

In testimony whereof I have hereunto set my hand and affixed the seal of 
the said court at Philadelphia this first day of June A.D. 1835.

s/ J.D Palmer Prat

I, Edward King, President Judge of the first judicial district of Pennsylvania, do certify that Richard Palmer who hath signed the foregoing certificate was at the time of so doing, and still is Prothonatory of the Court of Common Pleas for the city and county of Philadelphia duly commissioned and sworn, to all whose acts as such full faith and credit are due as well in court of Judicature as elsewhere, witness my hand and seal this first day of A.D. June 1835.

s/ Edward King
Page 28

Abstract of Pay-rolls discharged by Thomas Carpenter paymaster to the Militia of the Counties of Salem and Gloucester.
No. | Dates | Officers Names | Regiment | Where Served | Under Whom | £ | D | d |
26 | May 9, 1778 | Capt. D. Wentzell | 2nd Salem | Salem | Col. B. Holme | 176 | 14 | '' |

Abstract of Pay-rolls discharged by Joseph Lewis paymaster to the Militia of the Counties of Morris, Sussex & Bergen.
No. | Dates | Regiment or Battalion | Officers Names | Where Served | Under Whom | £ | D | d |
159 | May 10, 1778 | Seeley's Morris | Capt. Hinman | Newark | Maj. Hayes | 208 | 10 | '' |
370 | Sept. 1, 1779 | Freling Bergen | Capt. Wentzell | Hackinsack | Sgt. Col. Fell | 176 | 15 | '' |
*269 | Aug. 6, 1779 | 2nd Essex | Capt. Wentzell | Elizabethtown | Maj. Hayes | 211 | 17 | 2 |

State of New Jersey ss:

I, James D. Westcott , Secretary of State of the State of New Jersey do hereby certify that the above are true extracts from certain accounts headed, "Abstract of Pay-rolls discharged by Thomas Carpenter Pay-Master to the Militia of the Counties of Salem and Gloucester," and, "Abstract of Pay-rolls discharged by Joseph Lewis Pay-Master to the Militia of the Counties of Morris, Sussex and Bergen," in said State, as recorded in Liber (a.k.a. Book) A of Auditors accounts of New Jersey during the Revolutionary war folios 73, 62, and 64, now remaining in my office.

In testimony whereof I have hereunto set my hand and affixed my seal of office at the city of Trenton this Twentieth day of March A.D. One Thousand and Eight hundred and Thirty five (1835)
s/ James D. Westcott

* This line was added subsequently to the writing of the certificate and is taken from the account of Isaac Halsey, Pay-Master to the Militia of the Counties of Essex and Middlesex , page 82 of the above mentioned book. 
s/ James D. Westcott
Page 29

In the matter of the application of Nicholas Harris for a pension
Salem County
New Jersey
⎬
I Merriman Smith one of the Justices of the Peace in and for the County of Salem in the State of New Jersey Do Certify that Abraham Harris whose deposition was taken and subscribed before me at Upper Alloways Creek Salem County New Jersey on the 6th day of February 1835, and which is hereunto annexed, is a credible person, and that his said deposition is entitled to credit.

Witness my hand & seal in the County of Salem at Salem in the State of New Jersey this twentieth day of March A.D. 1835
Merriman Smith

I Joseph Kille Clerk of the inferior Court of Common Pleas in and for the County of Salem Do hereby Certify that Merriman Smith Esqr who hath made and subscribed the foregoing Certificate is a Justice of the Peace in and
for the County of Salem N. Jersey duly Commissioned & sworn into office
and as such fully authorized to take affidavits & and that the foregoing is his genuine
Signature---
In testimony whereof I have hereunto set my
hand and affixed the Seal of the said Court at 
Salem in the County of Salem in the State of
New Jersey this 20th day of March A.D. 1835
Kille [illegible]
---
I Thomas J. Gorke one of the Judges of the inferior Court of Common Pleas in and for the County of Salem in the State of New Jersey do hereby certify that the foregoing attestation by Jos. Kille Clerk of the said Court is in due form, and that he is the proper officer to make such attestation: Given under my hand and seal this twentieth day of March A.D. 1835
T. Jones Gorke
---
Page 30

Extract from an act of the Legislature of the State of New Jersey entitled "An Act to explain and amend an act entitled "An act for the better regulating the Militia" and the Supplemental act thereto" passed the twenty third day of
September, A.D. Seventeen hundred and seventy seven.
Section 5. And it is hereby further enacted by the authority aforesaid that the Captain General or Commander in Chief for the time being in case of invasion or rebellion within this State or in case any part of the militia of this State shall be requested by Congress to assist the Continental
Army in this or any of the adjoining States, may and is hereby impowered to call into actual service any part of the Militia not exceeding one half by classes as aforesaid as to him shall seem necessary, the first draft to be composed of number one of each company, and in case that shall not be sufficient for the emergency then number two shall be drawn and so on by classes
from time to time as occasion may require, and to the end that each particular draft may be suitably officered the Commissioned and non commissioned officers shall take their proper tour of duty, and in case of any dispute arising thereon the Commanding Officer of each Regiment or Battalion shall determine with respect to the tour of duty of the commissioned officers, and the commanding officers of the Companies shall determine with respect to the tour of duty of the now commissioned officers. -

Extract from An Act of the Legislature of the State of New Jersey entitled "An act for Regulating Training and arraying of the militia" passed April fourteenth A.D. seventeen hundred and seventy eight.
Page 31

Section 21. And be it enacted by the authority aforesaid, that it shall and may be lawful for the Governor or Commander in chief for the time being, with the consent of the Legislature when sitting, and during their recess with the advice and consent of the privy Council, on requisition of the Congress of the United States or upon application of the Commander in Chief of the Army of the United States, or of any General
Officer commanding a Division or detachment thereof, or of the Executive power of any of the adjoining States or on other similar emergency to order into actual service in any of the said adjoining States, such and so many classes of the militia as may be necessary not exceeding four at any one time, to be drawn alike from the
several companies of such Regiments or Battalions as are to furnish the Detachments and officered accordingly and in case any difficulty arise in officering such Detachment, the Brigadier or Colonel Commandant of each Brigade
shall determine the tour of duty of the Regimental officers; the Colonel or Commanding officer of each Regiment shall determine the tour of duty of the Commission Officers of the Companies; and that the captain or commanding
officer of each company shall determine the tour of duty of the non-commission officers of his company.

Section 22. And be it enacted, that it shall and may be lawful for the Governor or Commander in chief for the time being with the advice and consent of the privy council, to call out, station, and continue by Reliefs as a defence to the State within the same such and so many classes as may at any time be necessary, not exceeding four to be arrayed and officered as aforesaid.

Section 23. And be it further enacted, that it shall and
Page 32

may be lawful for the Governor or Commander in Chief for the time being in case of sudden invasion, insurrection, sedition or alarm to call out and array the whole of the militia, or such and so many entire regiments or Battalions situated near to the place where the force is required, as he may think necessary to repel the invasion and restore the peace of the state.

State of New Jersey SS:
James D. Westcott Secretary of State of the State
of New Jersey do hereby certify that the foregoing are true extracts from the two laws the titles of which are above mentioned immediately preceding the extracts respectively, as taken from and compared with the originals now remaining on file in my office. In testimony whereof I have hereunto set my hand and affixed my seal of office at the City of Trenton this thirteenth day of April A.D. One thousand eight hundred and thirty five. (1835)
James D. Westcott
---
Page 33

32754
Nicholas Harris
Pennsylvania