Revolutionary War Pension and Bounty Land Warrant Application File R. 10934, Benjamin Vermilyea, New York

SERVICE
NUMBER _____
New York
Vermilysa, Benjamin Varnilysa, Vamilia,
R. 10934
CONTENTS

16220
Benjamin Vermilgea Otsego co New York
Susp 2
5. 14 ~ P 349.
May 15 D
A H Beach Horace Lathrop Esq Unadilla N.Y.

BRIEF in the case of Buy. Vermilgea of Altoona county in the State of (Act 7th June, 1889.)
 1. Was the declaration made before a Court or a Judge? Yes  2. If before a Judge, does it appear that the applicant is disabled by bodily infirmity? Yes  3. How old is he? 73  4. State his service, as directed in the form annexed. 
   Period. Duration of Service. Rank. Names of General and Field Officers under whom he served.   Years, Months, Days.     Enlisted In 1777 1 private Gen. Capt. Cooper. Governor's Life Guard   Drafted 1778 3 Capt. Scott, Col. Brinkhoff.   Enlisted 1781 About 3 Capt. Stone, Col. Brinkhoff.  
 5. In what battles was he engaged?  6. Where did he reside when he entered the service? Dutchess county, N.Y.  7. Is his statement supported by living witnesses, by documentary proof, by traditional evidence, by incidental evidence, or by the rolls? Traditional  8. Are the papers defective as to form or authentication? and if so, in what respect? correct 
X  CERTIFY that the foregoing statement and the answers agree with the evidence in the case above mentioned.
F. B. Bradford Examining Clerk.

State of New York / 7 Otsego County ss 7
Personally appeared before me the undersigned judge of the County Courts in & for the County of Otsego State of New York Benjamin Varnilyea who being duly sworn Depose & saith that he now well recollects that he enlisted at Fishkill in Dutches County where he then resided on the 5 th day of May in the year 1777 for the term of one year by a recruiting Officer by the name of Fullimore who was 2 d Lieutenant of a Company Commanded by Capt d Cooper - the 1 st Lieutenants name was Ray - that said Company consisted of sixty men private - and that said Company was raised by the authority of the State of New York and that said Officers were Commissioned by the Hon ble George Clinton Esquire who was then Governor & Commander of the forces of the State of New York - that said Company was not attached to any Regiment but was raised for the special purpose of a Guard and rangers under the direction of the Governor - that Peter Depeue - Jacob Niver - one Jackson - Gannalick Taylor & one Bayley also enlisted at the same time with him - that this was not a common Militia Comp y but that he enlisted from a Militia Company at Fishkill and was mustered at Poughkeepsie by Egbert Benson Esquire in presence of Capt d Cooper - that Taylor and Bailey were made Sergeants and that he Varnilyea served as a private during the said term of one year - that said Company was stationed at the Governors Headquarters in Poughkeepsie and were employed in guarding the stores for the Army and the prisoners - that he the said Varnilyea with Capt d Cooper & about 30 men of said Company was at Esopus in Ulster County about 3 months guarding the prisoners at that place until they were ordered in October to take all the prisoners 244 to Hartford in Connecticut - when the whole Company went to guard them and then returned to their duty at Poughkeepsie as aforesaid and was discharged there as aforesaid - that he attended roll call and stood sentry  himself in his turn every day & night - and for the time during which the said service was performed he was not employed in any civil pursuit - and for which services and also in the Companies of Capt d Scott and Capt d Hovey in Colo n Brinkraft Reg t he claims a pension
Sworn & subscribed this 5 day of June 1833 before me
Benj h  Varnilia M c art.
Then Page Judge of the County Courts for Otsego County — a —

We John Morse a Clergyman residing in the Town of Otego in the County of Otego and Robert Potter of the same place do hereby certify that we are well acquainted with Benjamin Vermilyea who has subscribed and sworn to the foregoing declaration and Affidavit - that we believe him to be seventy three years and eleven months of age - that he is respected and believed in the neighborhood where he resided to have been a Soldier of the Revolution and that we concur in that Opinion
Sworn & subscribed this 6 day of June 1833 -
John Morse Abijah G. Beach Robert J. Potter
Rev. Page Judge of the County Courts for Otego Co -
And I the said Judge do certify that it appears to me that the Rev. John Morse who has signed the preceding certificate is a Clergyman residing in the Town of Otego in Otego County and that Robert Potter who has also signed the same is a resident of Otego aforesaid and is a credible person and that their statement is entitled to credit -
Unadilla 6 th June 1833 -
Rev. Page Judge of the County Courts for Otego Co -
State of New York Otego County ss. I, Horace Lathrop, Clerk of the said county do certify that Herman Page Esq. before whom the within affidavit of Benf. Familia & the preceding affidavits of John Morse & Robert Potter purport to have been sworn was at the date of the same a Judge of Otego Common Pleas; and that I am acquainted with his handwriting & verily believe his name subscribed to the said affidavits & also to the preceding certificate to be his proper hand writing & signature. Witness my hand & Seal of office this 25 th day of June 1833. Horace Lathrop By J. A. B. Suer. Dept.

State of New York Otsego County ss
William King of the Town of Unadilla in said County of Otsego of lawful age and a credible witness being duly sworn according to law doth on his oath depose and say that that he is Brother in Law to Benjamin Dirmiller of Otsego in said County that he is well acquainted with said Dirmiller and has been for the last fifty six years - that he said King was a Drummer in the Revolutionary Army and that one time on his return home from the Army he saw the said Dirmiller at Fishkill and that he then belonged to a company of Rangers call'd the Governor's Guard but as to his term of service he cannot say - but that he merely believes and in point of fact does know that said Dirmiller did serve in the Revolutionary War - And that he is reported and believed in the Neighborhood where he then resided And also where he now resides to have been a Soldier in the War of the Revolution - but cannot say as to the time he serv'd
Sworn & subscribed the 13 th day of October 1832 before me
John Ellis Comr of the Peace
William King
State of New York Otsego County ss
I Horace Lathrop, Clerk of the said County do certify, that John Ellis, before whom the above Affidavit purports to have been sworn, was at the date of the same a Justice of the Peace in & for the 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. In testimony whereof I have hereunto set my hand and seal of Office the 26 th day of October 1832
Horace Lathrop, Clerk.

State of New York Otsago County
Personally appeared before me the undersigned a judge of the County Courts in & for Otsago County - William King who being duly sworn Deposeeth and saith that he was a drummer in the revolutionary Army - that he is Brother in Law to Benjamin Varnillya - that in the Fall of the year of 1777 on his return from the Army he saw the said Varnillya who was then a soldier in Capt d Coopers Company - and he also knows that said Varnillya entered service before that in Capt d Storms Company in Col d Brunkers - off s Regiment - he further saith that he understood in the time of the War and does now believe that Captain Coopers Company was raised and commissioned by the Authority of the then Governor of the State of New York as State troops and that they served as such
Sworn & subscribed this
6 day of June 1833 -
The above named William King is well known to me as a Man of truth & veracity of Lawfull age and a Creditable Witness -
William King
Front Page Judge of the County Courts for Otsago Co -

State of New York } Orange County } ss
On this 20 th day of October in the year 1832 personally appeared his Honor  Shimmack  Reese Esquire  one of the before the Judge of the Court of Common Pleas in and for Orange County now sitting Benjamin Varnilyea a resident of the Town of Orange in the County of Orange and State of New York aged seventy three years and three months — who being first duly sworn according to Law doth on his Oaths make the following Declaration in order to obtain the benefit of the Act of Congress passed the 7 th of June 1832 — That he entered the service of the United States under the following named Officers and served as herein stated — to wit That he Enlisted at Poughkeepsie in Dutches County State of New York on the 5 th day of May 1777 for one year in the Company of Rangers or what was then called the Governors Life Guard — which Company was commanded by Capt a Cooper — the 1 st Lieut n name was Ray and the 2 d Lieut n was Fullimore — that said Company was stationed near the Governors Residence in Poughkeepsie and was employed in guarding the prisoners the Gen l and the Governors House and in various Expeditions by order of the Governor that in fall of that year the said Company went to Hartford & Springfield in the State of Connecticut with said prisoners and before they returned the Village of Esopus was burnt by the British — that he the said Varnilyea Faithfully served out the said term of one year in doing duty in said Company and was discharged at Poughkeepsie by said Capt a Cooper and that he was paid off by said Capt a Cooper at Dollars 8 75 Month at the expiration of said term in the spring of the year 1778 — That in the fall of the year 1778 he was Drafted at Fishkill in Dutches County and that he served three Months in the Company commanded by Capt a Scott in Col o Brackruffs Regiment — that he went with said Company to West Point and worked on the Fortifications there — That Gen l Donold went off while he was there and that Andre was Taken — that he served out said three Months and was Discharged at West Point — Also in the fall of the year 1781 he Enlisted for three Months at Fishkill in Capt a Stevens Company Col o Brackruffs Reg t . That he served about three Months and was then discharged with said Company by Gen l Washington That he has no Documentary evidence and knows of no person whom Testimony he can procure to prove his services — That he hereby relinquishes every claim 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 & subscribed the 20 th day of year aforesaid
S. Page Judge of Chps Chas. Mear —
his Benj t & Varnilyea Mark
Then the Interrogatories presented by the Department of War being put by the said Judge Court to the said applicant under Oath to which he gave the following Answers to wit That he was born at Fishkill in Dutches County State of New York in the year

in the year 1959 — that he has a record of his age in his Bible at home That he lived in Richkill when called into the service — that he lived there some years after the War — That he now lives in the Town of Otago in Otago County and has lived in the same place thirty nine years last. That he Enlisted twice into the service and was Drafted once — that he had a written discharge signed by Capt d Cooper which said discharge is lost — That the Persons who have long been acquainted with him in the Neighborhood where he lives are. William Shepard Eugene Blackley Daniel Lawrence — Rowson Hunt — Eugene Packard — Deacon Knapp —
We John S Vancliefen & Abijah H Beach - — — — do hereby certify that we are well acquainted Benjamin Dornbier who has subscribed and sworn to the above declaration - that we believe him to be seventy three years of age - that he is reported and believed in the neighborhood where he resides to have been a soldier in the Revolution and that we concur in that Opinion - Subscribed the day of year aforesaid before me S. Page Judge of the Court of Common Pleas 7 Oct 1860 - Abijah H. Beach John S Vancliefen

Clerk of Otsego County, and of the aforesaid Court of Common Pleas holding for said County do hereby certify that the foregoing contains the original proceedings of the said Court in the Master of the Applications of Benjamin Vermilyea for a pension In testimony whereof I have hereunto set my hand and seal of Office this
State of New York Otsego County ss: I Horace Lathrop, Clerk of the said County, do certify, that Sherman Page before whom the foregoing Declaration of Benjamin Vermilyea, & Affidavit of Abijah H. Beach & John Vermilyea purport to have been sworn, & whose name appears to the above Certificate, was at the date of the same, one of the Judges of the Court of Common Pleas in & for the said County, and that I am acquainted with his hand writing, & sincerely believe his name subscribed to the said Declaration, Affidavit & Certificate to be his proper hand writing & signature. In testimony whereof I have hereunto set my hand & seal of Office this 26 th day of October, 1832. Horace Lathrop, Clerk

Two: New York Suspended act 7 p. '32
letter 15 Oct 1833
To 1093 A.H. Beach of Madilla.
Let to A. H. Beach. Nov 20 th 1832 Madilla N.Y. (OX 07)
Hon. H. Bennett May 25/53

Acts of July 14, 1862, and March 3, 1873.
10,934 Benja Vamihua Service: _____
Enlisted: _____, 18
Discharged: _____, 18
Application filed: _____, 18
Alleges: _____
Re-enlisted: _____
Attorney: _____
P. O. _____
_____ Recognized. _____ Contract.
_____ Cert. of Dis. Searched for _____, 18

Buy Vanilyea Pension claim
Anson Pratt,
Please send a copy of his papers to proof of record if any.
H. Smith 
Return this —
Ms. A. 9. 2. 23

The claim of the heirs of Henry Verhilyea to Annuity of Pension
Verhilyea was a revolutionary soldier enlisted in a Company called the "Rangers." Or "Governor's life guard" at Poughkeepsie N.Y. 5 th May 1777. for one year. He served out his time & was honorably discharged. was again drafted for 3 months & served out his time & was discharged.
Was drafted again & served about 3 weeks when the troops were dismissed at West point by Genl Washington.
He died Feby 11. 1837. Never having rec d a pension leaving a widow & several heirs who now claim his pension.
The following is a copy of an original letter of the Com te of Pensions.
Sir
War department Pension Office
Oct 7. 1838.
The claim of Bery Verhilyea has been examined and suspended. He alleges twelve months service in a corps denominated "Governor's life guard" and as he alleges organized under the authority of the State differently from the Militia. It is therefore incumbent upon him to furnish from the public records the proof they ought to afford of his allegation as the requisition requires the best evidence in the power of the claimant to produce his papers are placed on file.
A. H. Beach Esq. Amadilla N.Y.
I am respectfully your obed Servt J. L. Edwards

Copy of a suggestion by some one who knew something about this Claim an old paper found among Vernilyea's papers.
" Beingamin Vernilyea of Mr. dille Othgo " County wants evidence that a company of " Rangers or Bonners life guards was raised " & commissioned by the Governor or by proper " Authority for the term of one year to wit 1777 " & then commanded by Captt Cooper duly com- " Missioned & subject to the command or " orders of the then Gov. George Clinton.
Something like the above may be found in the Secretaries office at Albany
Copy of another
" From the best information I have obtained " It appears that there was a select Compt. raised " in pursuance of a resolution of the Legislature " of this State duly commissioned for one year " for the purpose of guarding the prisoners held " in the old Gaol then a common Prison for " that purpose & by the same the different " passed on the Hudson river etc That said " company was commanded by Captt Cooper & " stationed at Poughkeepsie 1777. & I have no " doubt but that said Vernilyea served as a " private in that company.

Benj o Vromelyan, papers N. York. 30. June '84.
free
W m Department
Pension Office
Washington City
A. H. D. Smith emadieu Otsego County N. York

State of New York Otsego County
Benjamin Vermilyea of the Town of Otsego in the County of Otsego personally appeared before me the undersigned Justice of the Peace in & for said County and on being duly sworn according to law doth say that he is very certain and now well recollects that he did Enlist and serve as a private soldier in the Company commanded by Capt e Cooper in the year 1777 as stated in his original application (on file in the Pension Office) that he has taken much pains to procure Documentary evidence as required but has not been able as will appear by the letters hereto annexed - that he has also endeavoured to find some of the persons who served in the same company with him but has not yet been able to find any one now living of that Company - and that he is now so infirm that he is entirely unable to go in search for them or to walk without help - that he has procured the two Affidavits hereto annexed - and refers to his former papers now on file as aforesaid
his Benjamin D Vermilyea Mark
Sworn to and subscribed this 16 th day of June 1834 before me
Truman Trask Justice
I also Certify that the above named Benjamin Vermilyea is well known to me as a Man of Truth & veracity and is a Creditable and Lawfull Witness - and also that the reason why he makes a Mark as above instead of writing his name is because he is almost blind & otherwise unable to write
Otsego 16 th June 1834
Truman Trask Justice

Otsego County P 2 as above
Be it known that William King of Unadilla in said County personally appeared before me the undersigned justice of the Peace in & for the said County and on being duly sworn according to law - doth Depose & say - that he is now personally well acquainted with Benjamin Vermilyea of Otsego in said County - and that he was so acquainted with him in time of the revolutionary War - that they both lived in Fishkill in Dutchess County in that War except when absent on Military duty that he said King now well recollects seeing the company of Rangers (so called) commanded by Capt n Obadiah Cooper several times in the summer & fall of 1777 that he was well acquainted with said Capt n Cooper and some of his Men - that said Company was raised in & about Fishkill for one year that they appeared to be a well organized Comp y - that the Officers dressed in Uniform Regimentals - that said Company was stationed at Poughkeepsie the Governor's Headquarters to guard the stores there and also to guard the prisoners in the Old Jail - that said Company was raised within the limits of Col o Brinkerhoff's Reg t of Militia but he thinks it was not attached to any Reg t but was raised as a guard as aforesaid and subject to the Governor's Orders - that he has no doubt but does firmly believe that said Vermilyea did serve in said Company one year for it was raised for one year & he saw Vermilyea several times in the summer & fall 1777 in the capacity of a soldier in the said Company - and he understood that Vermilyea served the time out - Faithfully & he King firmly believes it to be true And further the said King doth say that in the year 1778 he saw in Capt n French's Comp y in Col o Philip Van Cortlandt's Reg t and that said Vermilyea served in Capt n Scott's Company in Col o Brinkerhoff's Reg t New York Militia and that some time that fall he saw Vermilyea on duty in said Company of this was about three months after he went off with said Comp y as near as he can recollect - said King further saith that Vermilyea served in Capt n Stevens's Company in Col o Brinkerhoff's Reg t but how long he was on duty from home he cannot say - he only knows that he belonged to said Company of Militia at home - Subscribed and William King sworn to the 28th day of June 1854 before me Deuman Brewster Justice

I hereby certify that William Kling who subscribed and made Oath to the within affidavit before me is well known to me as a Man of truth & veracity and a Lawfull and creditable Witness
Truman D. Phelps Justice
21 st May 1834
Cicago June 16. th 1834
June 20 th 1834 Wm. D. Phelps

Otsego County
Be it known that before me the Underse- =gned Justice of the Peace in & for Otsego County aforesaid personally appeared Sarah Varnilya aged 77 years who being duly sworn according to law doth depose and say that she is now well acquainted with Benjamin Varnilya of Otsego in Otsego County and that she was so acquainted with him in the Revolutionary War that they both then lived in Fishkill - that she now well recollects seeing the Company of Rangers so called and commanded by Capt d Cooper which Company (as she understood and believes) was raised for one year that said Varnilya enlisted into the said Company as a soldier that she has no doubt but nicely believes he served out the said term and she thinks of is possible it was in the year 1777 - she further saith that she was then acquainted with Gamaliel Taylor - Peter Depue & others who served in the same Company with said Varnilya - that said Taylor was a Sergeant in said Company - that they were stationed at the Governor Street quarters in New York City Guarding the prisoners of stones - there said Deponent further saith that said Varnilya was drafted and went several times - but cannot now recollect all the particulars - but that she does remember that he went in Capt d Leek's Company to West Point of which it was in the year 1780 and was gone several months - and further that said Varnilya was drafted & served in Captain Storm's Company - can't say how long
sworn & subscribed this 16 th day of June 1834 before me Truman Trask Justice
Sarah Varnilya her Mark
I the said Justice hereby certify that Sarah Varnilya who has sworn to the above is well known to me as a person of truth and veracity & is a Lawfull Witness - And also that the reason why 16 th June 1834 she makes a Mark is that she cannot write Truman Trask Justice

State of New York Otsego County ss. I Horace Lathrop clerk of said county do certify that Truman Trask Esq. before whom the foregoing affi- davits of Benjamin Vermilyea William King & Sarah Vermilyea purport to have been sworn was on the day of the date of said Affidavits a Justice of the Peace in & for said county And further that I am acquainted with the handwriting of the said Justice & verily be- lieve his name subscribed to the said several Affidavits and to the certificates of credibility to be his genuine handwriting & signature In witness whereof I have hereunto set my hand and seal of Office this 20 th day of June 1834 Horace Lathrop Clerk for J. W. Richardson Depy.
Sarah Vermilyea

Henry Vermilyea Trinidad Dago County
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BRIEF objections to the admission of Pension Claims, of which those answered in the negative, in red ink, will apply to the claim of Buyanum Vermilgea of Otsego co. N.Y. which require further proof or explanation.
I. Does the declaration show where the applicant resides? yes II. Did the declarant make the declaration in the county where he resides? yes III. If the applicant did not make the declaration in the county where he resides, is there any reason assigned for his not doing so? IV. Has the declarant mentioned the period or periods of the war when he served? yes V. Has he mentioned with precision the length of his service, and the different grades in which he served, in language so definite as to enable the department to determine to what amount of pension he is entitled? No The act is not construed to extend to any service which is not rendered in an embodied corps in field or garrison. The 1st mo alleged service in Fort Mifflin is not of that character. VI. Has he given the names of the officers under whom he served, in conformity with the regulations? VII. Has he made a relinquishment of every claim to any other pension than the one under the Act of June 7, 1832? yes VIII. Has the Court given their opinion? yes IX. Has the Clerk given his certificate? yes X. Is the Clerk's seal affixed? And if so, has it a device or inscription by which it can be distinguished from any other seal? yes

XI. Has the applicant obtained the evidence of a clergyman and another respectable citizen as to their belief respecting his age and the general belief in his neighborhood relative to his revolutionary service? two citizens
XII. If the clergyman's affidavit has not been produced, is there any reason assigned for not obtaining it? No
XIII. If the applicant has no documentary evidence, and has not obtained the testimony of at least one living witness, has he stated in his declaration that such proof cannot be had? yes
XIV. † If the applicant's name is not found on the rolls of military service, has he produced a witness or witnesses as to his service?
If he has produced direct proof as to service, has the magistrate who administered the oath, certified to the credibility of the witness or witnesses? No
Has the proper officer certified to the official character and signature of the magistrate as the regulations direct? yes
XV. Does it appear from any of the papers that the witness was in such a situation, or of such an age, as to have a personal knowledge of the applicant's service?
XVI. ‡ Are the papers authenticated as the regulations direct? yes
XVII. Are the seven interrogatories prescribed by the War Department answered satisfactorily? And, if not, which of them is not so answered? all answered
EXPLANATORY NOTES.
* QUERE V. In a case where the applicant cannot, by reason of the loss of memory, state precisely how long he served, he should amend his declaration by making an affidavit in the following words: "Personally appeared before me, the undersigned, a Justice of the Peace, &c. A. B. who, being duly sworn, deposeth and saith, that, by reason of old age, and the consequent loss of memory, he cannot swear positively as to the precise length of his service, but according to the best of his recollection he served not less than the periods mentioned below, and in the following grades; For _____ year _____ months, and _____ days, I served as a _____ For _____ months and _____ days, I served as a _____; and for such service I claim a pension."

It is important in all cases to determine with precision the period for which each applicant served, and the particular rank he held, as the law directs the pension to be paid according to the grade of the pensioner and the length of his service. The use of the phrase about three or four months is too indefinite, and all such qualifying expressions are objectionable. Some persons who apply for pensions merely state they served two years in the militia, &c. without specifying the tours; the names of the officers, and other particulars respecting their service. This form of a declaration is highly objectionable. It must in every case be clearly shewn under what officers the applicant served; the duration of each term of engagement; the particular place or places where the service was performed; that the applicant served with an embodied corps called into service by competent authority; that he was either in the field or in garrison; and for the time during which the service was performed, he was not employed in any civil pursuit.
QUERE XIV. Proof of Service.
In a case where the name of the applicant is not found on the records of the Department, he must prove his service by two credible witnesses, who are required to set forth in their affidavits the time of the claimants entering the service, and the time and manner of his leaving the same, as well as the regiment, company, and line to which he belonged. The magistrate who may administer the oaths must certify to the credibility of the witnesses, and the official character and signature of the magistrate must be certified by the proper officer, under his seal of office.
QUERE XVI. Mode of authenticating papers.
In every instance where the certificate of the certifying officer who authenticates the papers is not written on the same sheet of paper which contains the affidavit, or other paper authenticated, the certificate must be attached thereto by a piece of tape or narrow ribbon, the ends of which must pass under the seal of office of the certifying officer, so as to prevent any paper from being improperly attached to the certificate.
In every case where the clerk of the court, or other certifying officer, has no public seal of office, the certificate of a member of congress, proving the official character and signature of the certifying officer, should accompany the papers.