Revolutionary War Pension and Bounty Land Warrant Application File R. 7,134, for Ephah Merrills, Connecticut

SERVICE
NUMBER _____
Conn.
Merrills Ephah.
IV. 7.134
CONTENTS

WAR DEPARTMENT,
Pension Office,
May 31 1833
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, showing the Service of Ephah Merrill. Columbia Co 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.     Sep 1776 " 2 " Priv. Capt Bragg Lieut. McLean Col. S. L. " " None Can't 71 years Fitchburg Two Witnesses   Mar 1777 " 2 " " Capt Forster L. Lyman " " " " Can't "   Fall Ditto " 2 " " Not recollect Col. Eno " N. Y. " "   Sep. 1778 " 3 " " Capt Burr Major Hazzard " " " "   Nov. Do. " 5 " " Capt Willis L. Brown Col. J. Webb " Rh. Is. " "   Jun. 1779 " 2 " " Capt. Not recollect Ens. Goff Major Huntington Lt. Col. L. " " Can't " "   Sep. 1781 " 1 " " Capt Collins L. Brannell " " " " "  
I am, respectfully,
Your obedient servant,
J. L. EDWARDS, Commissioner of Pensions.
+ nor recollect. vide declaration 11167
It cannot be readily admitted that the above allegations of service are insusceptible of proof, and claimants are required by the regulations to produce the best evidence in their power.

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 he 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, 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 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.
[k] The notes from [a] to [j] 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.
Joseph Patten Esq. Ch

State of New York Columbia County
On this twenty fourth day of January 1832 personally appeared in affidavit before me Mr. Fairfield, one of the justices of the justice court of the city of Hudson now sitting Ephraim Merrill a resident of the town of New Lebanon in the County of Columbia & State of New York aged seventy one 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 intend the service of the united States under the following named officers and served as herein stated viz;
In the forpart of September 1776 Ephraim Merrill was drafted as one of the Connecticut militia to serve two months as a guard at a place called Horseneck in Connecticut aforesaid as he thinks - Ephraim Merrill was the father of declarant who acted as his substitute - The company to which declarant belonged was commanded by Captain Brady & was attached to a regiment commanded by Colonel John Meade - And the Declarant further states that he served in the said company from the forpart of September until sometime in November and was in the service two months then discharged That in the month of March 1777 he was drafted as one of the Connecticut militia to serve for the term of two months - he was attached to a company in which Ephraim Lyman was Lieutenant - but the Captain's name he has forgotten Colonel John Meade commanded the Regiment to which his company was attached - immediately after he was drafted he was ordered to Horseneck aforesaid where he was stationed during the whole period of his service during said term. He served the said two months & was discharged sometime in the month of May -
That early in the fall of the year 1777 one Ezekiel North was drafted as one of the Connecticut militia in a regiment commanded by Colonel — Eno - The names of the captain or lieutenant of the company to which he belonged

is not recollect - That this defendant went as a substitute for said North who was drafted for two months - That he was mustered as soon as he joined the company, which was early in November to Horsneck aforesaid & from thence to White Plains where he arrived with his company just after the battle at that place and the burning of the houses - from White Plains he was marched to West Point where he was stationed until he had served the aforesaid term of two months & at which place he was discharged early in November as he thinks - Major Stagg he thinks was the commanding officer at West Point while defendant was there - He further says he recollects that a Pennsylvania Regiment was also stationed at West Point while he was there - He served under this engagement two months That in the Spring of the year 1778 he went as a substitute for a man whose name he does not recollect - but who was drafted in the Connecticut Militia for the term of three months - he was attached to Captain Burns company in Colonel Eno's Regiment & marched from Goshen where he joined the company - through Shanon - Dover & Fish- kill to West Point where he was stationed during the resi- due of the term for which he engaged to serve - He thinks he entered the service in the latter part of May and was discharged at West Point in the latter part of August Major Stagg was the commanding officer (he thinks) at West Point - That while at West Point during this year or the year before he assisted in building fort - Putnam - He served under this last engagement - Three months and was then discharged -
That in the fourth part of November 1778 he engaged as a sub- stitute for one Riverius Ward who had enlisted to serve during the war in the of the United States Regular Army in Captain Willis' company - whose lieutenant was - Brown - and was attached to Colonel Samuel B Webb's Regiment & in which Ebenezer Huntington was Major - from that he joined his company & Regiment aforesaid under the command of the aforesaid officers - on or about the 10 th day of November aforesaid

at Warm in Rhode Island about five miles from Bristol where the Regiment was stationed - There were other Regiments in the vicinity, one in particular commanded by Colonel Angell, in which there was a mutiny on account of the usage of the men being unspeakable - General Varnum he believed was the commanding officer of the troops stationed in the neigh- bourhood & who were stationed there in consequence of the occupation of Newport by the enemy - That he remained with the company aforesaid at Warm aforesaid, and 5 months did duty therein five months - when he was in April discharged by Ebenezer Huntington - The major aforesaid - Colo- nel Webb being at that time a prisoner discharged on parole - Colonel Webb had been taken prisoner before this declarant joined the regiment - And he further states that at the time of his discharge, his place was supplied by a substitute named Alexander Hoy from the town of Goshen in Connecticut and who was hired by the declarant to take his place in the ranks & who intended on duty in pursuance of such hiring - That his discharge was given in the fourth part of April 1779 and is now lost - That in the summer of 1779 he was drafted as a militia man in a company of the Connecticut militia for a term of two months at Westerly aforesaid - He does not recollect the name of any officer under whom he served except ensign Goff - a regiment was stationed at Westerly during the time of his service when he remained and did duty two months and was then discharged in the latter part of summer as he thinks
That in the latter part of August or fourth part of September 1781 - he engaged as a substitute for his brother Noah Merrill who was drafted as one of the Connecticut Militia raised to guard the town of Stratford in Con- necticut - on the Sound - That he joined Captain Collins company - in which Edward Brownell was lieutenant at Stratford aforesaid when he remained and did duty

our mouths - The time for which his brother was drafted & at the expiration of that time he was discharged - And he further states that he was born in the town of Watbury - New Haven County in the state of Con- necticut in the year 1761 - That he has no record of his age unless there may be one in the town clerk's office in the town of Watbury aforesaid - That at each of the several times when he joined the service as above men- tioned he lived in the town of Goshen - County of Litchfield & state of Connecticut - My opinion founded on his own as a private That he has stated the names of all the regular officers who were with the troops when he served & such regiments also as he can recollect. & the general circum- stances of his service which was marked by no incident calculated to make a lasting impression on his mind - That the only discharge he ever received is the one above mentioned signed by Major Huntington and which is now lost - That he is known to the Reverend Edwin Sanjay John King & Elam Fildan in his present neighbor- hood & who can testify to his character for veracity and their belief of his services as a soldier of the revo- lution He has no documentary evidence & knows of no persons but Thomas Gurnee & Ebenezer Norton whose testimony he can procure who can testify to his services He hereby relinquishes every claim whatso- ever to a pension or annuity except the present and de- clares that his name is not on the pension roll of the agency of any state -
Epaphroditus Merrill
Subscribed & sworn to the day & year aforesaid J. H. Safford Justice as aforesaid
We Edwin Sanjay a clergyman residing in the town of New Lebanon in the County of Columbia & state of New York & Elam Fildan residing in the same place hereby certify that we are well acquainted with Epaphroditus Merrill who has subscribed to the above declara- tion; that we believe him (the said Epaphroditus Merrill) to be seventy

one years of age; that he is reputed and believed in the neigh- bourhood where he resides to have been a soldier of the revolution & that we concur in that opinion
Edwin Sandys.
Elam Tilden
State of New York } Columbia County }
On this twenty second day of January 1833 personally appeared Edwin Sandys a clugman & Elam Tilden residents of the town of New Lebanon in the County aforesaid to me known to be credible persons & subscribed and made oath to the truth of the facts & opinions contained in the foregoing certificate before me
Ira Dand Justice of the Peace
I, William Fairfield Justice aforesaid hereby declare my opinion after investigating the matter & after putting the interroga- tories prescribed by the war Department that the above named Spick Merrill was a Revolutionary soldier & served as he states. And I further certify that it appears to me that Edwin Sandys who has signed the above certificate is a clergyman residing in the town of New Lebanon aforesaid & that Elam Tilden who has also signed the same is a resident of the same town & is a very credible person & their statement entitled to credit and I further certify that the abovenamed applicant cannot from bodily infirmity attend in open court
W. Fairfield
State of New York } Columbia County }
Justice as aforesaid
I, Joseph D. Monell Clerk of the said County do certify. Joseph W. Fairfield before whom the preceding Affidavit pur- ports to have been sworn was at the date of the same one of the Justices of the Justice Court in and for the City of P'keepsie. Also Ira Dand before whom the preceding Affidavits purports to have been sworn was at the date of the same one of the Justices of the Peace in and for the said County. And that I am acquainted with the hand writing of said Officers and verily be- lieve their names subscribed to said Affidavits to be their proper hand

writing and signature Witness my hand and seal of Affix this 31. st day of January 1833.
J. H. Moore
Moore

I Thomas Griswold of Goshen in the County of Litchfield and State of Connecticut do testify and say, that during the revolutionary war and before, and after, I was acquainted with Ephah Merrill, we were boys together, and resided very near each other, I should say that during the war he was from home & reputed to be in the service though I was not with him, according to my best recollection, he was out three tours; of duty - he might have been more, I should say that he went to Horse neck twice, and was gone two months or more each time, he was gone another tour somewhat longer but to what place I do not now recollect - He has always been reputed to have been a revolutionary soldier and further the deponent saith not -
Thomas Griswold
State of Connecticut } Litchfield County } p Goshen Sept. 18 th 1832.
On this day personally appeared Thomas Griswold signer of the foregoing deposition, and to me known to be a man of undoubted truth and veracity, and made oath to the truth of the facts above stated.
Before me Nelson Brewster justice of the peace
I Andrew Norton of Goshen in the County of Litchfield and State of Connecticut, aged 68 years do testify and say that I was acquainted with Ephah Merrill then of said Goshen. I resided near him, during the revolutionary war, that according to my best recollection he was in the service at different times, but how long he was from home, and to what place he went I do not recollect he has been reputed to have been a revolutionary soldier - and further the deponent saith not -
Andrew Norton
State of Connecticut } Litchfield County } p September 18 th 1832
On this day personally appeared Andrew Norton signer of the foregoing deposition, and to me known to be a man of undoubted truth of veracity and made oath to the truth of the facts by him above stated.
Before me Nelson Brewster justice of the peace

I Frederick Wolcott Clerk of the County Court for the County of Litchfield in the State of Con- -necticut, certify that Nelson Lys, is a Just in of the Peace for said County, & that the foregoing signatures which purports to be his is genuine. Witness my hand & the Seal of said Court at Litchfield in said County this 18 th day of September A. 1832. Frederick Wolcott, Clerk

Ephah Merrill
on Roll 3213 R. Nevell Corpe 7 Feb 78 red 100078 discharged 6 mar. 199-5 subtitute
Wm L Tobey
Miss Lebanon Columbia County New York Agent
[Faint, mirrored handwriting from the reverse side of the page]

October 22, 1915.
Mr. Fred B. Merrill, Belleville, Illinois.
Sir:
In response to your letter dated the 16 th instant, you are advised that this Bureau is unable to furnish the history of a soldier of the Revolution, unless a claim for pension or bounty land has been made on account of his services, and the records fail to show such a claim on file for Ephraim Merrill, but in the claim R. File No. 7134, Rev. War, it is alleged that Ephah Merrill was born in 1761, at Waterbury, New Haven County, Connecticut, and in September 1776, while a resident of Goshen, Litchfield County, Connecticut, enlisted as a substitute for his father Ephraim Merrill, and served as a Private in Captain Bradley's company, Colonel John Meade's regiment, Connecticut Militia two months.
It is alleged that he served at various other times, on one occasion as a substitute for his brother Noah, under Captains Burr, Willis, and Collins, Colonels Enos and Samuel B. Webb, Connecticut Militia.

On January 24, 1833, while a resident of New Lebanon, Columbia County, New York, he made an application for pension, which was rejected on the ground of insufficient proof of six months service, as required by the Act of June 7, 1832, under which he applied.
Very respectfully,
Acting Commissioner.

New York Rev. C.
Ephah Merrill Rejected
See letter to
M. H. Tole
23 d Aug t 1833-
7134
Act 7 June 1832

1914, Oct. 2d. Dist. to Fred B. Merrill Letter with claim R. S. 11059, Rev. War. Leptia Merrill, F.
Acts of July 11, 1862, and March 3, 1873.
1184.
P. O. Ephraim Merrill Service: Merrills
AOT Enlisted: Aug 15, 1906  REJECTED , 18
Discharged: _____ , 18
Application filed: _____ , 18
Alleges: _____
Re-enlisted: _____
Attorney: _____
P. O. _____
_____ Recognized. _____ Contract.
_____ Cert. of Dis. Searched for _____ , 18

Wm H. Loby
23 rd Augt 1832
A.C.
Re vol 100
Da 48.

War Dept Pension Off 23. Aug 1833
Sir,
The claim of Ephrah Merrill has been examined & dis allowed. He alleges that he substituted Revereus Stearns in Webb Regt. in Nov. '78. It is established by the rolls that Stearns enlisted 7 Feby '78 as a Corp. was reduced to the ranks 10 th Oct. '78 and discharged 6 March '79 having furnished Alexander Day in his room. The alleged terms of service under Col. Mead & Inos are much below the usual length of the terms of service in those state Regiments. No part of his alleged service could be admitted unless the length of it can be satisfactorily established by testimony - His witnesses depose in general terms that he performed several tours &c. His papers are placed on file.
A. T. June
W. A. Lobsenz New Lebanon N.Y.

New Lebanon June 7 th 1893
Hon Louis G. Clegg Secretary of War
Sir
The enclosed papers relative to the application of Ephraim Merrill for a Pension have been sent back to me as objectionable on account of a deficiency in the proof of service. I observe that the letter "p" is indorsed on the printed letter by which they were accompanied when returned and infer from that circumstance & a refusal of the papers that the particular objection is to be found in the note under "p" in the printed letter. If I understand the instructions rightly, the proof of service under that note (p) is required only when the applicant claims for service as a continental soldier. Merrill states in his declaration that one period of service in "the United States Army" & that is of 5 months. It is conceded that the proof of that particular service is under the instructions defective - But that objection it is conceded cannot apply to the residue of his service which was in the militia - The affidavits of Norton & Griswold afford - it must be conceded - pretty strong contemporaneous proof of his service in the militia for a period at least sufficient to entitle him to a Pension - Griswold says the applicant was out on duty twice for two months each time some for a period somewhat longer - & that he was reputed to be a revolutionary soldier - The affidavits are inartificially & loosely drawn it is true - but yet they are not without some substance - Some allowance perhaps should be made for the unskillfulness of the scrivener by whom they were drawn -
Mr Merrill uses in the language of the first

Printed copy of the instructions published by the department. "That he has no documentary evidence and knows of no persons but Griswold & Norton whom testimony he can procure who can testify to his service"
Other evidence than the affidavits of Griswold and Norton he cannot therefore procure - It is possible that these witnesses might in additional affidavits be more explicit in stating the precise nature of the applicant's service if they think present statement is not satisfactory that it wills aid duty as a soldier -
Permit me therefore to request that these papers may be subjected to a second examination (The applicant) That such portions of his service as are sufficiently proved may be allowed in the consideration of his claim and that such parts of his service as are not sufficiently established be cast aside and a pension allowed him for so much military duty as he has performed - The papers are returned to enable the applicant to move the objection particularly noted - He is unable to do it - The claim to 5 months service to which the objection applies must therefore be rejected - The residue of his claim or nearly the whole is I conceive - with deference - supported by as strong proof as some other cases which have come under my observation where pensions have been allowed - I assert that this case may be put distinctly on this ground.
That the applicant be allowed a pension for so much service & to the extent to which by the enclosed papers he may be deemed entitled disregarding in the estimate all that he has asked for which is insufficiently established as it now is permitted - Respectfully Your most. O.B.
Wm L. Soby