Revolutionary War Pension and Bounty Land Warrant Application File R. 7129, for John Merrell, New Jersey

SERVICE
NUMBER _____
New Jersey New York
Merrell John
P. 7/29
CONTENTS

In the Matter of John Merrill Application for a pension
Dr. H. Lieut. Vanschaik
30 Sept '77 for 3 years deserted 1 ap r '78

State of New York Steuben County ss.
State of New York Number One of 3 John Mernell of Howard in Said County being duly sworn saith that by reason of old age and 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 period mentioned below and in the following grades - for two years I served as a private and for two years and three months I served as a Captain and for such service I claim a pension. And this deponent further saith that by reason of his old age as aforesaid he is unable to designate the particulars of his service as a private further than is stated and set forth in his declaration originally made on his application for a pension. That after the time of his enlistment in Capt. Mieland Company in the summer of 1778 as is stated in said declaration he continued in actual service in the said County of Bergen and for a large part of the time nearly opposite the City of New York until the month of August 1781 when he was elected Captain of the said Company, with one or two exceptions when he may have been absent on short furloughs for a day or two at a time. That during that time he was engaged in guarding the said County, and in repelling the attacks of marauding parties of British troops. That while he was so stationed at Bergen as aforesaid he was engaged in frequent skirmishes with the British troops but that during that time he was not engaged in any important battle. That while he was a prisoner at New York as is stated in said declaration the lieutenant of his Company and fifteen privates were exchanged previous to this deponent that it was not known to the British officers that the said lieutenant was an officer and he was exchanged for a British private, but this deponent was compelled to remain a prisoner until some time after the discharge of the others who were taken with him and as this deponent thinks until the time stated in said declaration. That while he was so stationed at Bergen as aforesaid he knew in addition to the officers stated in his said declaration the following named persons, Captain Ol- water, Captain Van Blairseem, Captain Blanch Adjutant John Van Buren, adjutant Cornelius Har- rington - a Capt. Romane, Colonel Janis Ely, Capt. M c Intosh, Capt. M c Intosh, Capt. M c Intosh, Capt. M c Intosh.

And this deponent further saith that he has stated the facts and circumstances so far forth as he can recollect them in his said declaration, that his health has been for a long time very frail and his memory bad and for that reason he does not recollect the particulars of his said services -
Sworn and Subscribed this 18 th day of March 1833 before me
Jno. Merrill
Casa McCormell Jus. peace

Steuben county } Clerks office }
I Aaron Shultz or deputy clerk of said county do hereby certify that Asa McConnell Esquire before whom the within affidavit purports to have been sworn 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 the hand writing of the said Justice and verily believe his name subscribed to the said affidavit to be his proper hand writing and signature. Witness my hand and seal of office this 20th day of March 1833
Aaron Shultz or Dept Clk

In the Matter of John Merrill Application for a pension
Dr. H. Capt. Van Schaick
30 Sept '77 for 3 years deserted 1 st April '78

State of New York
Steuben County ss. On this sixteenth day of October 1832 personally appeared in open Court before the Court of Common Pleas of the County of Steuben and State of New York for sitting John Marmell of the town of Howard in the County and State aforesaid aged about seventy seven years and upwards 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 July 7, 1832.
That he entered the service of the United States under the following named officers and served as herein stated.
That in the summer of the year 1775 he resided in the then County of Tryon now Schenectady in the said State. That Guy Johnson of Johnstown in the said County of Tryon had gathered around him a large number of Tories and Indians & the Militia of the County were ordered out to disperse them. That the applicant in the month of May of that year volunteered his services in the said Militia and joined a Company commanded by a Capt. Thomas Peter Dritz which company was attached to the Regiment commanded by a Col. Seely whose Christian name he does not recollect. That according to the best of his recollection the said forces were commanded by Genl. Schuyler. That they marched immediately to Johnstown in the said County. That upon their approach to that place the said Guy Johnson and the forces under his command retreated towards Canada leaving the County in a quiet and settled state. And the Whig forces returned home. That he was out on this service about one week. That he again enlisted in the County of Albany in the Regiment commanded by a Col. Van Schaick and a Lieut. Col. Van Dyke. That he resided at the time of the said enlistment at Schoharie aforesaid. That the said enlistment was for the term of three years. That owing to circumstances here in after mentioned he does not recollect the names of the officers of the Company in which he enlisted as last aforesaid. That immediately after he enlisted as last aforesaid he went with the said Company to Schenectady where he remained doing duty about one month when he was taken sick and carried to the hospital at the place last aforesaid and was confined to the hospital about two or three months at the expiration of which time his health continuing very bad a furlough was granted to him for three months and he returned home.

4 That the applicant had been stabbed through the back by an Indian some time previous to the last mentioned enlistment and the wound at the time of his said enlistment had not entirely healed - that soon after the said enlistment he took a severe cold which the physicians informed him had settled upon the said wound and occasioned the disease under which he then laboured - that about the time of the expiration of the said furlough his health continuing bad he was discharged from the said enlistment by virtue of a written discharge granted by Doct. Daniel Budd a surgeon of the said Regiment - That one Peter Coon was discharged at the same time with the applicant and both their names inserted in the said discharge - That the said Peter Coon took the said discharge into his possession and gave to the applicant a copy thereof certified by a Justice of the Peace and by a Capt. John Vrieland to be a true copy - That the said copy was sent to the war office of the United States on a previous application for a pension by the applicant since which time he has heard or seen nothing of it - That he does not know where the said Coon now is or what has become of the said original discharge - That the said last mentioned enlistment was in the summer of the year 1777 - That immediately after his said discharge he went to his father at Bergen County new Jersey  where he remained until some time in the summer of 1778 when he enlisted in the said County in a Company of Militia commanded by a Capt. John Vrieland which said company  Regiment was attached to a Regiment commanded by Col. Morris Dry - That he continued in said Company in the said County of Bergen and directly opposite the City of New York until the month of August 1781 - That during that time he was employed in guarding the said County of Bergen from the depredations of the British troops who were then in possession of the City of New York and were in the habit of crossing over into New Jersey for the purpose of plundering the inhabitants - that during that time he was engaged in frequent slight engagements and skirmishes with the said British troops - That in the month of August 1781 the office of Captain in the said Company became vacant by the absence of the said Vrieland and the applicant was some time in the same month elected in his stead by the members of the said Company.

5 That soon after the said Election and about the first day of September next thereafter he had been scouting with his Company, returned home and was about retiring to bed when the house in which he lodged was surrounded and himself, the lieutenant of his company and fifteen privates were taken prisoners by a party of British from New York - that he was taken to New York and detained there until after Cornwallis was taken and until about the first day of November 1781 when he was exchanged for a captain of the British Army who surrendered at the same time with Cornwallis - that immediately after the said Exchange he returned to Bergen aforesaid and again took the Command of the said Company - that soon after his return he received his commission from the Governor of New Jersey as Captain of the said Company - that the said Commission is signed and was granted by William Livingston Esquire then Governor of New Jersey and bears date the 19 November 1781 - that the said Commission is attached to and accompanies this Declaration - That he remained in the Command of the said Company and was stationed at the place aforesaid until a short time after the British troops evacuated New York in November 1783 - that during that time he was employed in preventing and repelling the frequent in excursions made by the British troops then stationed at New York into the said County of Bergen - that at different times he had frequent engagements and skirmishes with said troops and that he was very often employed in the night time in said business - that after the City of New York was evacuated by the British troops, he left the Command of the said Company - that while he was stationed at Bergen aforesaid he knew Genl. Clinton, Major Satterlee, Capt. Mead and several others of the regular army whose names he has now forgotten - that his memory is very bad and the dates and circumstances stated in this Declaration are as according to the best of his recollection - that he was born as he understood at Middlebrook in the County of Somerset State of New Jersey - that he has no record of his age and knows the same only from the information of his relatives - that at the time of his entering the service of the United States he was living

6
at the place in this declaration stated - that after the close of the war he resided about two years in Bergen aforesaid that from Bergen he removed to Kings County on Long Island in the State of New York where he resided about one year and a half - from Kings County he removed to Pittstown in the then County of Albany where he resided eleven or twelve years, that he then removed to Johnstown Montgomery County where he resided about twenty one years from which place he removed to Howard in the County of Steuben where he now resides, and has resided there since his removal from Johnstown aforesaid - that at his present place of residence he knows William Farnole, David Rumsey, Adonijah Ford, Sol B Rathburn Esq. David M. Bennett Habakkuk Rathburn, Who can testify as to his character for truth and veracity and their belief as to his services as a soldier of the revolution - That he has not been able to find any evidence of his services now living -
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.
Subscribed and sworn the day and year aforesaid No J. Rumsey Dep CLK Steuben County
J. M. Merrill
We Adonijah Ford a clergyman _____ and William Allen both residing in the Town of Howard in the County of Steuben hereby certify that we are well acquainted with John Merrill who has subscribed & sworn to the above declaration that we believe him to be seventy seven 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 -
Subscribed and sworn the day and year aforesaid No J. Rumsey Dep CLK Steuben County
Adonijah Ford W. Allen
And the said Court do hereby declare their opinion after the investigation of the matter and after putting the interrogatories presented by the War department that the above

7
named applicant was a revolutionary soldier and served as he states - And the Court further certifies that it appears to them that Adonijah Ford who has signed the preceding Certificate is a Clergyman resident in the Town of Howard and that and that William Allen who has also signed the same is a resident in the said town of Howard and is a credible person and that their statement is entitled to credit.
I Martin S. Ramsey Deputy Clerk of the Court of Common Pleas of the said County of Steuben do hereby certify that the foregoing contains the original proceedings of the said Court in the matter of the application of John Merrill for a pension.
In testimony whereof I have hereunto set my hand and seal of office this sixteenth day of October one thousand eight hundred and thirty two.
M. S. Ramsey Dep. Clerk Steuben County

THE STATE OF NEW-JERSEY,
TO
John Mervin Esquire
GREETING:
WHEREAS it hath been certified to His Excellency William Livingston Esquire, Governor and Commander in Chief of this State, that you have been duly chosen by the Majority of the Company of Militia in the County of (being the Company in the of the said County, whereof Esquire, is Colonel ) to be of the said Company;
you are therefore to take the said Company of Militia into your Charge and Care as thereof and duly to exercise both Officers and Soldiers the said Company in Arms: And as they are hereby directed to obey you as their you are likewise to obey and follow such Orders and
Directions, from Time to Time, as you shall receive from your Colonel or other your superior Officer or Officers; and for your so doing this shall be your Commission. IN TESTIMONY whereof the Great Seal of the said State is hereunto affixed: Witness William Livingston Esquire, Governor, Captain-General and Commander in Chief in and over the State of New-Jersey, and Territories thereunto belonging, Chancellor and Ordinary in the same, at Trenton the seventeenth Day of November in the Year of our Lord One Thousand Seven Hundred and Eighty One
By His Excellency's Command,
Richard Stockton
Wm Livingston

John Norrell Esq. Capt. Commission
personally appeared before me the justice of the peace John Merrel and wa. he will truly & faithfully at a Capt. in the Com. militia precinct is Colonel Sworn before me Dec 18th 1781 Jacob Terhune Justice of the peace
Jacob Terhune me. for the County of Bergen Duly qualified to act as I assume the office of militia in New Jersey of Friends Dist
Dec 18th 1781 John Norrell
John Merrell P. 7.129 N. J. Gen. N. Y.

Let. to Hon. Dr. V. Jackson Ap d 17/21
New York Revo:
7129
John Merrill
Suspended
let. Wm Wood
12 June 1833
In let to Gov. e brought up 22/34 do. Bow? Stubbs, May 6:37
state of
Act 7 June 32

Acts of July 14, 1862, and March 3, 1873.
7129.
P. O. _____
Service: _____
A.O.T. _____
Enlisted: Aug. 15, 1906, 18
Discharged: _____, 18
Application filed: _____, 18
Alleges: _____
Re-enlisted: _____
Attorney: _____
P. O. _____
_____ Recognized. _____ Contra
_____ Cert. of Dis. Searched for _____, 18

Congress Index Mr. Merrill of New York
4.5. 1860
1860
1860
July 31
1860

BRIEF objections to the admission of Pension Claims, of which those answered in the negative, in red ink, will apply to the claim of John Merrill which require further proof or explanation.
I. Does the declaration show where the applicant resides? II. Did the declarant make the declaration in the county where he resides? III. If the applicant did not make the declaration in the county where he resides, is there any reason assigned for his not doing so? IV. Has the declarant mentioned the period or periods of the war when he served? 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? 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? VIII. Has the Court given their opinion? IX. Has the Clerk given his certificate? X. Is the Clerk's seal affixed? And if so, has it a device or inscription by which it can be distinguished from any other seal?
An affidavit is required setting forth each hour of actual service in the field or garrison - stating in definite language the period - term & grade of
each with the names & rank of officers etc. Not all.
Capt. [unclear] 2nd [unclear] Vols. [unclear] [unclear] 1st [unclear] [unclear]

XI. Has the applicant obtained the evidence of a clergyman and another respectable citizen as to their belief respecting his age and the general belief in his neighborhood relative to his revolutionary service?
XII. If the clergyman's affidavit has not been produced, is there any reason assigned for not obtaining it?
XIII. If the applicant has no documentary evidence, and has not obtained the testimony of at least one living witness, has he stated in his declaration that such proof cannot be had?
yes
XIV. † If the applicant has produced a witness or witnesses as to his service, has the magistrate who administered the oath certified that he, she, or they are persons of credibility?
Has the official character and signature of the magistrate been certified by the proper officer under his seal of office?
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?
5th etc.
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 the 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.
† 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 authenticated 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 end 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.

Ad. document to part of J. Merrill his 1844 dis- pended
D. L. Edwards Comm. of Leavers Washington -
Proletarian class

J. J. Edwards Esq
Sir,
Some time since I forwarded to you papers in the application of John Merrill for a pension, In want of sufficient evidence of service the claim was suspended. The old man has promised the enclosed affidavits from two sons of the Colonel under whom he served and although they are not skillfully drawn yet I suppose they give sufficient evidence when taken in connection with the old man's Commission & his irreproachable character (cumulative evidence of which is herewith sent to you) to substantiate his claim. The old gentleman's memory is so bad that he will not undertake to specify the details of the service in which he was engaged & in truth is unable to do so further than he has already done in the papers on file in Department of War - Please advise me of your decision upon his case as soon as made -
I am Sir Your Obedient Servt Wm Woods
Bath, Maine Co. 24 July 1833 -

Jun 30 45
copy of letter of 22 d a/p 34 to Genl. Canine sent July 5 1845
25
J. L. Edwards Esq
Conner Pensylvania Washington City D.C.
Ino Merrill N.Y. Hosp.

Warsaw N.Y. June 25 1845
J. L. Edwards Esq Dr. Sir
In 1833. John Merrill of the County of Steuben & State of New York applied for a pension which was not granted. Will You do me the favor of Copies of the Correspondence in the case at Your earliest Convenience
Respectfully Yours A. L. Lynde

In the matter of the Application of John Merrill for a pension
Ass -
1832 77 5
Mate W. Woods Bath Steubenville, O.

State of New York
Ontario County
John Dey formerly of Bergen County, New Jersey but now of the county of Ontario in this State aged Seventy five years being duly sworn before me a Justice of the Peace of said County of Ontario saith that he is acquainted with Captain John Murrell and was acquainted with him between the year 1778 and 1782 during part of which time the said Captain John Murrell commanded a company of the Militia of Bergen County, State of New Jersey under the command of Colonel Thomas Dey and that he knew the said Captain John Murrell to be in the actual service of the United States during the before mentioned time but for how long a term he does not now recollect said Murrell at that time resided in Bergen County & State of New Jersey but now resides in Steuben County and State of New York
Subscribed and sworn
this 8 th day of July 1833
before me
John Dey
R. Hogarth Justice of the Peace
I the above named Justice of the Peace do Certify that John Dey the above deponent sustains an unimpeachable character for truth and veracity that I have been acquainted with him for more than Thirty Years and his moral character has uniformly been good
dated as above and signed. R. Hogarth Justice of the Peace

State of New-York,
Ontario County ss. I, Charles Crane, Clerk of said county, do hereby certify that Richard Hogarth, whose name is subscribed to the within certificates is as , Justice of the peace in and for said County, and that I am well acquainted with his hand writing, and verily believe the said signature
to be his proper act and deed -
In testimony whereof, I have hereunto set my hand and seal of office, this sixth day of July 1833 -
Charles Crane

State of New York Seneca County. 3 B .
Peter Sey, formerly of Bergen County, New Jersey, but for many years has resided in the County of Seneca in this State aged seventy three years, being duly sworn before me a Justice of the Peace of said County of Seneca, deposeth and saith, that he is well acquainted with Capt. John Mernell and has been acquainted with him since the year (A.D. 1780) one thousand seven hundred and eighty, in that year said Capt. John Mer- nell commanded a Company in Col. Junius Sey's Regiment, and that said Capt. John Mernell was taken prisoner by the British and according to the best of said deponent's recollection, said Capt. John Mernell was retained as a prisoner, by the British, more than a year, said Capt. John Mernell at the time above referred, resided in the County of Bergen in the State of New Jersey, but now resides in the County of Steuben, and State of New York —
Peter Sey
Subscribed and sworn before me, July 5 th 1833
Jonathan Metcalf Justice of the Peace.
I the above named Justice of the Peace, do certify that the above deponent, Peter Sey, sustains an unimpeachable character for truth & veracity, that I have been acquainted with said Peter Sey for a number of years past and his moral character has uniformly been good
Jonathan Metcalf Justice of the Peace

State of New York Seneca County ss
I Seba Murphy Clerk of the County of Seneca, do hereby certify that Jonathan Mitchell Esq. before whom the foregoing affidavit purports to have been sworn, was on the day of the date thereof, one of the Justices of the Peace in, and for the County of Seneca, and I do further certify that I am well acquainted with the hand writing of the said Justice and verily believe that his name subscribed by the said affidavit, is his own proper hand and signature. —
In testimony whereof I have hereunto subscribed my name and affixed the Seal of said County at Ovid this Sixth day of July 1833 Seba Murphy, Clk.

State of New York
Herk Co. ss Adonijah Ford, Simson Bacon, Job B. Rathbun David Bennett , Jacob Bennett, and David Smith William Allen being residents of the Town of Howard in said County, and duly sworn say that they are well acquainted with Capt. John Merrill of the said town of Howard, that they have so been acquainted with him for a period of from twelve to eighteen years during the whole of which time the said Merrill has been a resident of the said town of Howard, and has been a man of uncorruptible integrity and unblemished reputation that the said Merrill during the said time has been generally reported to have been a Captain of a Company in the war of the revolution - That for some years past the said Merrill who is far advanced in life has been grad- ually failing and that their deponents believe that by reason of his old age his mind & memory are much impaired, but that their deponents have still the utmost confidence in the truth of any statement he may make -
Simson Bacon
Subscribed & sworn this 23. Day of July 1835
Job B. Rathbun
Adonijah Ford
Jacob Bennett
before me
De M'Comas J.P.

State of New York Steuben County
I William H. Bull Clerk of the County of Steuben do certify that Asa M c Connell Esq brn before whom the within affidavit purports to have been taken was at the date thereof a Justice of the peace in and for said county duly authorized to act as such and I am well acquainted with his hand writing and verily believe his name subscribed thereto is his own hand writing - Witness my hand and Seal of office this 23 d day of July 1833.
Wm H. Bull P. A. Cl. Steuben Co.