Revolutionary War Pension and Bounty Land Warrant Application File S. 9,406, for Simeon Merrell, New York

SERVICE
New York.
Merrill Simeon or Merrill.
NUMBER
S. 9406
carded.
CONTENTS

14.310.
11th April, 1846. Resp: to Agent.
New York. Simeon Merrill.
of Wayne Co in the State of N. York - who was a private in the company commanded by Captain Mills - of the Regt: - commanded by Col: Smith - in the New York - line for 6 months.
Resp - A -
Reduced from $30 per annum. Inscribed on the Roll of Albany at the rate of 20 Dollars - Cents per annum, to commence on the 1th day of March, 1844 1844
Certificate of Pension issued the 10. day of April, 1846 - and sent to N. Leake, Present.
Arrears to the 1th of March, 1846, $40.00 Semi-annual allowance ending 11 Sept: - $10.00 $50.00
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded by W. W. Stewart Clerk, Book E. 2d Vol. 11 - Page 46-
Simeon Merrill. Records corrected. Dec. 28, 1904.

In Butler
Simon Merrice
18031
Cabin Nyanga Mills Rolls
August 3 rd 1918
memo -
Send a list of 3mths
paper
St. Augustine

State of New York County of Wayne (S.) On this 3 d day of October in the year 1832 personally appeared in open court before me Simon David Arne Jr. Thomas P. Baldwin David Eddy & Russell Whipple Judges of the Court of Common Pleas of said county now Simeon Merrill a resident of the town of Butler in the County of Wayne and State of New York aged seventytwo 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 of the Act of Congress passed 7 June 1832 that he was born in New Hartford State of Connecticut in the year 1760 that he has a record of his age in his family bible which is now at his house in the town of Butler in the County of Wayne & State of New York and lived in the place of his birth when he first went into the service of the United States and remained there until about 19 years ago when he removed to Whitesboro Oneida County N.Y. and remained there about 3 years from thence removed to his present place of residence and entered the United States service as a volunteer and served with some troops of whom Benedict Arnold was the commander in the continental establishment on West Point and the troops at that place in the year 1778 or 79 don't remember which now has he such a recollection of the continental or other regiments as to be able to designate with certainty - never received a dis- charge from the service He refers to David Arne Jr. one of the Judges of Wayne County Court, Roger Olmstead Abijah Moore, Ezekiel Scott, Oris Hubbard neighbors of this applicant as persons who will testify to his character for veracity and the belief of their having been a soldier of the revolution -
That he entered the service of the United States under the following named officers and served as herein stated - In the year 1778 or 79 does not recollect which he entered as a volunteer in the company of Captain Mace Mills as a private soldier that he enlisted for 9 months in the Spring of 1778 or 79 and served his time except this was the only time which he listed went once on an alarm

as Volunteer and went under Captain which  day  ma ur to Danbury Connecticut State got there when it was on fire was gone about a week he does not recollect any of the company officers under which he served the above term of 9 months except Captain Mace Mills does not recollect any of the field officers under whom he served except Colonel Seth Smith he lived in New Hartford Litchfield County and State of Connecticut when he entered the service as above enlisted as a Volunteer was in no engagements mentioned from New Hart- ford to Housatonic to Litchfield then  then Rattleskill in New York down the river to New Point where he was stationed was soon taken sick and carried to the hospital does not recollect the number of the Regiment in which he served has no documentary evidence. He has one evidence who can testify that he knew when he entered the service and when he returned home (S) Roger Olmstead
I hereby renounce every claim what- ever to a pension or annuity except the pre- sent and declare that his name is not on the pension roll of the agency of any State
Sworn to and subscribed Simeon Merrill the day and year aforesaid
We William Clark a Clergyman of the the County of Wayne and State of New York and Roger Olmstead of the town of Butte County and State aforesaid hereby certify that we are well acquainted with Simeon Merrill who has subscribed and sworn to the above declaration that we believe him to be seventy years of age that he is respected and believed in the neighborhood

When he resides to have been a soldier of the resolution and that we concur in that opinion
William Clark
sworn and subscribed the day and year aforesaid
Roger Olmstead
State of New York
Wayne County ss } 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 William Clark who has signed the preceding Certificate is a Clergyman, resident in the Town of Port Bay and that Roger Olmstead of Buttern is a creditable person, and that their statement is entitled to credit I John L. Cuyler Clerk of the Court of Common Pleas, do hereby certify that the foregoing contains the original proceedings in the matter of the application of Simon Merle for a pension.
In Testimony whereof I have hereunto set my hand & affixed the seal of said office this Third day of October Eighteen Hundred & Thirty two -
John L. Cuyler Clerk

State of New York Wayne County ss. On the 3 rd day of October in the year 1832 personally came before me David Arne Jr. a Judge of Wayne County Court in said State Roger Olmstead aged 68 years a resident of the town of Batavia in said County of Wayne who having by me been duly swor- n doth depose and say that he is a near neighbor of Simon Merrill that they were both born in the town of Rochester State of Connecticut that they both resided there during the Revolutionary War that he takes knowing to Simon Merrill being a Volunteer that he enlisted into the company called the minute men under Captain Isaac Mills of Simsbury in said State of Connecticut that he thinks he served 9 months saw him when he came home from the said service and this deponent believes that the declarations set forth in his affidavit hereunto annexed is true and further he saith not.
Roger Olmstead
Sworn to and subscribed this day and year aforesaid
Before me
David Arne Jr. a Judge of Wayne County Court

State of New York Wayne County ss
I John G. Cuyler clerk of said County do hereby certify that Davis Armstrong whom the within affidavit purports to have been taken was at the date of the same a judge of said County duly authorized to take the same and that I am well acquainted with his hand writing & verily believe his signature to the same to be his proper hand writing.
In Testimony whereof I have hereunto set my hand & Seal this fourth day of October Eighteen Hundred & Thirty Two.
John G. Cuyler

18031
Simeon Merrill
admitted.
9 mo. Private.
David Aree jun Clasment Wolcott Beth Wayne Co. N York

WAR DEPARTMENT,
Pension Office,
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 subjjoined 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 Simeon Merrill Wayne C.?  New York
   Period when the service was rendered. Duration of the claimant's service. Rank of the claimant. Names and Rank of the Company officers under whom he served. Names and Rank of the General and Field officers. Battles in which the applicant was engaged. Country through which he marched. Place of abode when he entered the service, and age at the present period. Evidence by which the declaration is supported.   Years. Months. Days.     Vol 1778-79 no time given Capt's Blanchard West point   1778 or 79 " 9 " Miles Col. Smith   Was out about a week with the Capt Seymour   Living witness as to part. Last testimony  
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) _____ 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 day and year aforesaid.
[And then will follow the certificate of the Court.]
And the said Court do hereby declare their opinion, after the investigation of the matter, and after putting the interrogatories prescribed by the War Department, that the above named applicant was a Revolutionary Soldier, and served as he states. And the Court further certifies, that it appears to them that A. B.
who has signed the preceding certificate, is a clergyman, resident in the _____ 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, 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 that they served two years in the militia, &c. without specifying the tours, the names of the officers, and other particulars respecting their service. This form of a declaration is highly objectionable. It must, in every case, be clearly shown under what officers the applicant served; the duration of each term of engagement; the particular place or places where the service was performed; that the applicant served with an embodied corps called into service by competent authority; that he was either in the field or in garrison; and for the time during which the service was performed, he was not employed in any civil pursuit.
[f] The law makes the relinquishment indispensable.
[g] The opinion of the Court is always required.
[h] The Clerk must give his certificate in every case.
[i] The Clerk must affix his seal, and if it has no device or inscription by which it can be distinguished from any other seal, or if he has no public seal of office, the certificate of a Member of Congress, proving the official character and signature of the certifying officer, should accompany the papers.
Mode of authenticating papers.
In every instance where the certificate of the certifying officer who authenticates the papers is not written on the same sheet of paper which contains the affidavit, or other papers authenticated, the certificate must be attached thereto by a piece of tape or narrow ribbon, the ends of which must pass under the seal of office of the certifying officer, so as to prevent any paper from being improperly attached to the certificate.
Proof of Service.
[j] In a case where the name of the applicant is not found on the records of the Department, he must prove his service by two credible witnesses, who are required to set forth in their affidavits the time of the claimant's entering the service, and the time and manner of his leaving the same, as well as the regiment, company, and time 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.
[k] 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.
[l] This traditional evidence is indispensable in militia cases.
[m] If a witness cannot be found, the declarant must state the fact.
[n] The answers to the interrogatories must all be written, and sent to the War Department, with the declaration.

Bob Ems
On Capt. Miles
Wks - for 1978 -
varied for 12 months -
rem not since then & now

State of New York County of Wayne 3/4. Personally appeared before the subscriber a sister of the bride in and for the coun- ty aforesaid Simeon Merrill of Buttern in said County aged Eighty five years, after being duly duly sworn according to law - deposes and saith that during the War of the Revolution he resided in the town of New Hartford, Schoharie County in the State of Connecticut - That in 1778 this deponent - was enlisted in a company commanded by Captain Amasa Wells for Nine Months - Marched to West Point was stationed there during the nine months belonged to a Regiment commanded by Colonel Seth Swift. That Noah Seymour of New Hartford Schoharie County served in the same company and Regiment with this deponent duri- - ng the nine months - That the said Seymour was orderly sergeant of the company - That in the year 1843 this deponent made an affidavit in favor of Miriam Seymour Widow of the above named Noah Seymour at that time this deponent did believe from the best of his memory that the name of the captain under whom this depon- - ent and the above named Noah Seymour served in 1778 was Mace Wells and so stated in this deposi- - tion - That since that time this deponent has learned that he was mistaken in the name - That Mace was a Nick name for Amasa This deponent having obtained the above information in relation to the name of Captain Amasa Wells from a son that he feels bound to rely on - makes this affidavit for the purpose of correcting the error he made in 1843, in favor of Widow Miriam Seymour Subscribed and sworn before me This 25th day of July 1845
James Merrill
John D. Curtis Justice of the Peace
I certify that the said Simeon Merrill who has subscribed the above affidavit is a Respectable person and worthy of credit.
John D. Curtis Justice of the Peace

Rev War
9406 INVALID.
File No. 9406
Simeon Merrell ★
Rev War
Act: June 1 st 1811
Index:—Vol. 1 , Page 254
[Arrangement of 1870.]
Simeon Merrell ★ Records corrected. Dec. 28, 1904.

Simeon Merrill Albany. act 32 last p.??
Mr Hagner
G. M. C. 8. age 46
paid to 4 th March 1844
Mr. Tyson

14310
1831
New York
Simeon Merrill
of Wayne Co in the State of New York who was a private in the Company comman by Captain Mills - of the left flank comman by Col. Smith in the N.Y. mtn line for 9 mos/yr
Simeon Merrill
Records corrected. Dec. 28, 1904.
Inscribed on the Roll of New York at the rate of 30 Dollars 00 Cents per annu. to commence on the 14th day of March, 1831.
Certificate of Pension issued the 18 day of May 1833 and sent to David Anne Dr. Wolcott
Arrears to the 14th of March 1833 $60.00 Femi-ant. allowance ending Sept ~ 15.00
$75.00
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded by W. L. Williams Clerk Book E Vol. 4 Page 67

Let to Ralph Albany - July 23 1844. suspend further payment
Let to Simeon Merrill same date.
let to Nathan Dean Re March 9. '46
del del

Payments to be made at New York by Natl. U. S. B. Bank Agent for paying Pension- ers, in the Agency of New York
reduced Spec. new certificate 6 mo per  20. from 4th March 1894 date of last pay
Recorded in the Pension Of- fice, in Book E Vol. 4 Page 17 by W. L. Williams Clerk.
W. L. Williams Present

WAR DEPARTMENT.
Revolutionary Claim.
I certify that, in conformity with the law of the United States of the 7th June, 1832, Simeon Merrill of the State of New York who was a Private in the war of the Revolution is entitled to receive Thirty dollars and 00 cents per annum, during his natural life, commencing on the 4th of March, 1831, and payable semi-annually on the 4th of March, and 4th of September, in every year.
Given at the War Office of the United States, this 18 day of May one thousand eight hundred and thirty- Three
L. Wood
Secretary of War.
Examined and } Countersigned. }
J. Edwards
Commissioner of Pensions.