Revolutionary War Pension and Bounty Land Warrant Application File S. 11,059, for Jeptha Merrils, Connecticut

SERVICE
NUMBER
Conn.
Merrill, Jeptha
S 11,059
CONTENTS
carded

95-24
Connecticut
Septha Merrill of Cornwall in the State of Conn who was a pri in the Conn commanded by Captain of the Reg commanded by Col. Gay in the Conn State Service 6 mo
Inscribed on the Roll of Conn at the rate of 20 Dollars 00 Cents per annum to commence on the 4th day of March, 1834.
Certificate of Pension issued the 22 day of May 1830 and sent George Wheaton, Cornwall Ct
Arrears to the 4th of March 33 $ 40 Semi-ann. allowance ending Sep. 30 10
$ 5 40
{ Revolutionary Claim, Act June 7, 1832.
Recorded by E. D. Bullock Clerk Book E Vol. 3 - Page 27

56120 Jephtha Morris 6t
admt 6 mo 11p
George Wheaton Cornwall Leon

WAR DEPARTMENT,
Pension Office,
183
Sir:
The evidence in support of your claim, under the act of June 7, 1832, has been examined, and the papers are herewith returned. The following is a statement of your case in a 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. Those 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 William Morris C t
   Period when the service was rendered. Duration of the claimant's service. Rank of the claimant. Names and rank of the Field officers under whom he served. Age at present, and place of abode when he entered the service. Proof by which the declaration is supported.   Years. Months. Days.     20 th June 1776 to 17 th Nov 1776 0 6 10 Private Col. G. H. Woodin Col. Gray. 75 born in Goshen Ct internal Goshen Ct now lives in S. Danfield. Two surviving witnesses prove his service  
I am, respectfully,
Your obedient servant,
J. L. EDWARDS,
Commissioner of Pensions.

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 } ss. County of }
On this _____ day of _____ personally appeared (a) before A. B. a resident (b) of _____ in the county of _____ and State, Territory or District of _____ aged (c) _____ 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 provision made by the act of Congress, passed June 7th, 1832. That he enlisted in the Army of the United States in the year (d) _____, with _____ and served in the _____ (e) regiment of the _____ 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 entered 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 _____
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 _____ of the Court of _____ do hereby certify (h) that the foregoing contains the original proceedings of the said Court in the matter of the application of _____ for a pension.
In testimony whereof, I have hereunto set my hand and seal of office (i) this _____ day of _____ &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 _____ and C. D. residing in (the same) _____, who has hereby certify, that we are well acquainted with _____, who has subscribed and sworn to the above declaration; that we believe him to be _____ 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 days 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 _____ and that C. D., who has also signed the same is a resident in the _____ and is a credible person, and that their statement is entitled to credit.
I, _____ Clerk of the Court of _____ do hereby certify that the foregoing contains the original proceedings of the said Court, in the matter of the application of _____ for a pension.
In testimony whereof, I have hereunto set my hand and seal of office, this _____ day of _____ &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

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 served; such Continental and Militia Regiments as you can recollect, and the general circumstances of your services.  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 the 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 traditional 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 procure, taken and authenticated before a Court of Record, showing the services of the deceased, the period of 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 conforming 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 claimant 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, deposes 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 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 paper 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 [a] to [i] 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 traditional 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.

Declaration in order to obtain the benefit of the act of Congress passed June 7 th 1832
State of Connecticut, County of Litchfield ss
on this 14 th day of August 1832 Personally appeared Joseph Merrill a resident of Cornwall in the County of Litchfield and State of Connecticut aged 75 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 th 1832, That he entered the service of the United States under the following named officers as herein stated viz, That about the 20 th day of June 1776 he enlisted as a Private and served in a Company of Volunteers commanded by Stephen Goodwin Capt M c Leavel was first Lieut M c Gaylord was Second Lieut John Wright was the Ensign Adino Hale Seth Lockwood, Giles Gaylord were Sergeants That said Company was annexed to a Regiment commanded by M c Gay first Col o M c Hart Second Col o and M c Holt was Major, that he continued in the service until the first day of January 1777 making six months and one third of a month, that he was discharged at a Place called North Castle near Sing-Sing on the Hudson

River has no recollection of having a written discharge, that at the time he enlisted he resided in the town of Goshen in the County of Dutchess that he marched after he enlisted to the City of New York and from thence he crossed on to Long Island at which place he was in a Battle with the enemy from thence he re-crossed in the night to the City of New York and Northerly of said City was in an other engagement near Turtle Bay from thence he marched to White Plains and was there at the time of the Battle, that he was born in the town of Watbury in the County of New Haven and supposed his Birth is recorded on the Record in said town, that since the Revolutionary War he has resided in the town of Canaan in said County and now resides in the town of Cornwall in said County that he was born on the second day of December 1757. And further that he has no documentary evidence of his service & no evidence of any kind except the affidavits of Timothy Buel & Daniel Harrison which are sent herewith to substantiate his statement. And further that he is known to George Wheaton Esq. & Philo Kellogg Esq. both of Cornwall Conn. who can testify to his character for truth & of his general reputation of having been a Revolutionary Soldier. He hereby declares that his name is not on the pension roll of the agency of any state & relinquishes every claim whatever to any pension or annuity except the present. Joseph H. Merrill
Sworn to & subscribed the day & year as above before me Frederick Wolcott, Judge of Probate, District of Litchfield Conn.

And the said Court do hereby declare their opinion, after the investigation of the matter, & after putting the interro- gatories prescribed by the War Depart- ment, that the above named applicant was a Revolutionary Soldier, & served as he states. —
Frederick Wolcott, Judge of Probate, District of Litchfield State of Conn:
I Phinehas Miner, Clerk of the Court of Probate for the District of Litchfield in the State of Connecticut, do hereby certify that the foregoing contains the original proceedings of the said Court in the matter of the application of Leptah Merrill for a Pension — In testimony whereof I have hereunto set my hand, and seal of office this 14 th day of August A.D. 1832.
Phinehas Miner Clerk

I Daniel Harrison of the town of Cornwall, County of Litchfield, State of Connecticut aged 81 years being duly sworn depose and say that I am well acquainted with Ephra Merrill of said town of Cornwall and that I was well acquainted with him during the Revolutionary war & for many years previous. In June I should say, 1776 I enlisted into Capt Edward Rogers' Company, Col. Gay's Regt Connecticut State troops. Lieut Col Hart & Major Hart , The names of the other officers I do not remember. Col Gay died in New York before crossing over to Long Island. I well remember that the above named Ephra Merrill was actively engaged in the service of the United States at that time in Capt Goodwin's Company in the same Regt. We were engaged in several battles with the enemy viz at Flatbush Long Island, near Turtle Bay New York, & at White Plains. Mr Merrill was present in these battles. He was engaged at that time in the service of the United States six months or longer. The above facts I testify from my own personal knowledge.
Daniel Harrison
Litchfield County ? Litchfield Aug. 14 1882
Personally appeared before me to me known as Daniel Harrison, a credible witness, and made solemn oath of the truth of the above affidavit by him subscribed in my presence.
Origen S. Seymour Justice of the Peace

I Timothy Buell of the Town of Bloomfield County of Ontario State of New-York now in Goshen Litchfield County Court do testify and say that I am acquainted with Jephtha Merrill of Cornwall in said County and State, and was acquainted with him in the Revolutionary war, that according to my best recollection, he enlisted in to the army the first Monday in May 1776 in the Town of Goshen that he marched soon after his enlistment to New-York in the same company with me - and that we were discharged the 25 th day of December following, and that he remained there in the army during the whole of this time Col. Gay had the command of our Regt. in the early part of our enlistment, but he soon died, after his decease, Col. Heat took the command of the Regt. Stephen Green had the command of our company, Genl. Hawsorth was in command as Brigadier. and further the informant saith not -  Timothy Buell
State of Connecticut Litchfield County } ss Goshen August 14 th 1832  On this day personally appeared Deacon Timothy Buell signer of the foregoing deposition and to me known to be a man of truth and veracity and made oath to the truth of the facts above stated. Before me  Nelson Brewster justice of the peace
I Frederick Wolcott Clerk of the County Court within & for the County of Litchfield in the State of Connecticut certify that Origen S. Lyman & Nelson Brewster Esquires were at the date of the preceding certifications which purport to be signed by them respectively, that they now are Justices of the Peace within said County, & that the signatures which purport to be theirs respectively are genuine. Witness my hand & the seal of said Court this 14. Day of August 1832.  Frederick Wolcott, Clerk

In reply to your request of _____, received _____ for a statement of the military history of Jeptha Merrill a soldier of the REVOLUTIONARY WAR, you will find below the desired information as contained in his (or his widow's) application for pen- sion on file in this Bureau. S. F. 11,059.
   DATES OF ENLISTMENT OR APPOINTMENT. LENGTH OF SERVICE. RANK. OFFICERS UNDER WHOM SERVICE WAS RENDERED. STATE.   CAPTAIN. COLONEL.     June 20, 1776 to Jan 1, '77 Pri. Stephen Goodwin Gay Conn.                                     
Battles engaged in, Long Island, Little Bay, White Plains. Residence of soldier at enlistment, Soshen, Litchfield Co., Conn. Date of application for pension, Aug. 14, 1832. His ch. was al. Residence at date of application, Conswall, Litchfield Co., Conn. Age at date of application, 75 yrs. Born at Waterbury, Conn. Remarks: There is no data relative to wife or children.
Respectfully,
Commissioner.

1915, Oct. 21. History to Fred B. Merrill, Atty at Law
Reuben
✓ 11.059 INVALID.
File No. 11.059
Jeptha Merrill Print Rev. War
Act: June 7 th 1832.
Index:—Vol. A , Page 245
[Arrangement of 1870.]

Fred B. Merrill, Attorney at Law, Belleville, Ill.
NZ1 Rev Sec
October Sixteenth Nineteen Fifteen.
Pension Commissioner, Washington, D. C.
Dear Sir:-
I am endeavoring to gather some facts of family history. For this purpose, I desire to know if there are any records must er rolls or otherwise which show that three brothers- Noah, Jeptha and Ephraim Merrill s enlisted as Revolutionary soldiers in Litchfield County, Connecticut. I have some evidence on the point which I wish to verify by the official records, if any are to be found. This Jeptha Merrill s was my great grand father.
If your office is unable to furnish me the information but can tell me where I can find it I will be obliged for even that much information.
Very truly yours,
Fred B. Merrill
FBM+ERA