Revolutionary War Pension and Bounty Land Warrant Application File S. 5085, for Hosea Merrill, Massachusetts

SERVICE
NUMBER
Mass.
Merrill, Hosea.
S. 5085
Carded
CONTENTS

15456.
Massachusetts
Hosea Merrill
of Berk in the State of Mass. who was a Private in the company commanded by Captain [blank] of the [blank] commanded by Col. Dose in the [blank] time for 6 [blank]
Cash
scribed on the Roll of [blank] at the rate of 20 Dollars — Cents per annum, to commence on the 14th day of March, 1834.
Certificate of Pension issued the 17 th day of June 1833 and [blank] June Fiske [blank]
Arrears to the 14th of [blank] 1833 40 — Semi-ant. allowance ending 4 Sep r — 10 — 50 —
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded by J. H. M c Blain Clerk, Book 8. Vol. 2. Page 83.

Certificate returned from Isaac Lister afterwards sent to H. M. Bishop Lebanon Mass

Hosea Merrill Pittsfield - Me Application for Pension - Sept 27. 1832
17404

Commonwealth of Massachusetts.
COUNTY OF BERKSHIRE, ss.
ON this twenty seventh day of September 1832 personally appeared before the Court of Probate now held at Lenox in for the County of the Berkshire Hosea Merrill a resident of Pittsfield in the county of Berkshire and Commonwealth aforesaid, aged seventy two 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 provisions made by the act of Congress, passed June 7, 1832:—That he enlisted in the army of the United States in the year 1780 with the and served in the First regiment of the Massachusetts line, under the following named officers: to wit: The Captain
Stoddard's Company, which Company during a part of his term of service was under the command of Captain Egleston, Paymaster of said Regiment. Capt. Stoddard having been dismissed discharged or having obtained leave of absence said Regiment was commanded by Col. Joseph Vose & Elijah Vose was Lt. Col. there of. The Regiment was under the command of Genl. Glover & Genl. Howe's Division. He enlisted in the month of June 1780 for the term of Six Months. - passed muster at Stockbridge, in said Berkshire County & marched from thence to West Point upon the Hudson River, where he remained a short time & then marched to Orange town in New Jersey remained in the State of New Jersey until about the 1st December of said year, when they returned to West Point where he was discharged about the 20th of said December. He received a written Discharge, which he soon after sent to Boston to procure his bounty money or wages it has never been returned, although he has endeavored to procure it. He was born in Hibern in Hartford County in Connecticut where he resided until 1795, when he removed to said Pittsfield where he resided at the time of his said Enlistment & has resided since the year 1795.
He hereby relinquishes every claim 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.
Hosea Merrill
Sworn to, and subscribed, the day and year aforesaid.
W. P. Walker Judge of Probate
And the said Court do hereby declare their opinion that the above named applicant was a revolutionary soldier, and served as he states.
William P. Walker J. Probate
J. Henry W. Bishop Registo of the Court of Probate aforesaid do hereby certify, that the foregoing contains the original proceedings of the said Court in the matter of the application of Hosea Merrill for a Pension.
In testimony whereof, I have hereunto set my hand and seal of office, this twenty seventh day of
September A.D. 1832.
Henry W. Bishop Registo of Probate

174024 Nosea Merrill Pittsfield, Massachusetts
Male 6 mos Adone
Naumke Middlesex Mass Nosea Merrill Pittsfield Mass

County  BRIEF in the case of  Hosea Merrill  of Berkshire in the State of Massachusetts  (Act 7th June, 1832.)
 1. Was the declaration made before a Court or a Judge? Court  2. If before a Judge, does it appear that the applicant is disabled by bodily infirmity?  3. How old is he? 72 years  4. State his service, as directed in the form annexed. 
   Period. Duration of Service. Rank. Names of General and Field Officers under whom he served.   Years, Months, Days. As a     Enlist In 1780 — 6 — private Genl Glover Capt Stoddard. Eggleston Col Voss.    Roll of Service
 5. In what battles was he engaged? None  6. Where did he reside when he entered the service? Pittsfield. Mass  7. Is his statement supported by living witnesses, by documentary proof, by traditional evidence, by incidental evidence, or by the rolls? Living witness  8. Are the papers defective as to form or authentication? and if so, in what respect? Not properly attached 
I Certify that the foregoing statement and the answers agree with the evidence in the case above mentioned.
M. L. G.
Examining Clerk.

Reyn
5085
INVALID.
File No. 3085
Hosea Merrill
Print Rev War
Act: June 17 th 1837
Index:—Vol. 76 , Page 258
[Arrangement of 1870.]

I Amasa Rockwell of Peru in the County of Berkshire & Commonwealth of Massachusetts being of Seventy four years of age do testify and say That I was well acquainted with Horace Merrill of Pittsfield in said County of Berkshire in the year of 1780 - and have been ever since That in the Month of June 1780 - I - entered the Service of the United States - & was Mustered at Stockbridge in S. County in S. Month of June 1780 - in the Continental Line & was marched to West Point where I joined Col Marshall's Regiment Genl. Patterson's Brigade - The said Merrill was then at West Point, and was there doing duty as a Soldier in the Service of the United States, or arrived - Soon after I did & entered the Service of the United States & Continued the in the same until the last of the Month of December 1780 - Having performed Six Months Service - when the said Merrill - & myself were discharged or dismissed - during the time said Merrill was in Service. He belonged to Col. Joseph Vose. Regiment say near as I can recollect - and we were frequently on duty together. Further the deponent saith not. Pittsfield September 27 th 1832 Amasa Rockwell Berkshire ss. September 27 th 1832 Then personally

appeared Amasa P. Knowell and in my presence signed made the foregoing Deposition - and made Salem attests that the same was true and correct Before me
Daniel B. Bush Justice of the Peace
Commonwealth of Massachusetts.
Berkshire, ss. I, HENRY W. BISHOP, Register of the Court of Probate in and for said County, do hereby certify that Daniel B. Bush Esquire, before whom the annexed deposition was taken is one of the Justices of the Peace within and for said County, duly and regularly appointed, and that I am well acquainted with his hand writing, and have no doubt that the Signature annexed to said deposition is genuine.
In testimony whereof I have hereunto set my hand and affixed the seal of said Court this twenty seventh day of September A. D. 1832. Henry W. Bishop Register of Probate

BRIEF objections to the admission of Pension Claims, of which those answered in the negative, in red ink, will apply to the claim of Hosea Merrill which require further proof or explanation.
 I. Does the declaration show where the applicant resides? Yes  II. Did the declarant make the declaration in the county where he resides? Yes  III. If the applicant did not make the declaration in the county where he resides, is there any reason assigned for his not doing so?  IV. Has the declarant mentioned the period or periods of the war when he served? Yes  V. * Has he mentioned with precision the length of his service, and the different grades in which he served, in language so definite as to enable the department to determine to what amount of pension he is entitled? Yes  VI. Has he given the names of the officers under whom he served, in conformity with the regulations? Yes  VII. Has he made a relinquishment of every claim to any other pension than the one under the Act of June 7, 1832? Yes  VIII. Has the Court given their opinion? Yes  IX. Has the Clerk given his certificate? Yes  X. Is the Clerk's seal affixed? And if so, has it a device or inscription by which it can be distinguished from any other seal? Yes 

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

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

(Pension Office)
Free
Hon. J. L. Edwards
Commissioner of Pensions
Weston Mo July 18 th
Washington

East Cambridge July 10. 1893
Dear J. L. Edwards, Sir,
I have this day received the Certificates of Pensions, concerning which I wrote you last week, as not having received, although the names were returned to the Pension Office in Boston, to wit, Nathl Hazzar, Amos Jones, William Mann & George Shann. The Letter inclosing them was directed to me, as of Middlesex, Mass. without the name of the town, to wit, East Cambridge. The Letter has been at several Postoffices which has occasioned the delay. — Please to let the Letter to me be directed, East-Cambridge, County of Middlesex, Mass. —
I have returned to you one Certificate which came inclosed with the above which was probably sent by mistake, as I do not find the name of Horea Merrill among those who applied to the Probate

Count in this County? I therefore return the same, to the end that it may be directed to the proper place.
I am very respectfully
Your most obedient servt
Isaac Fisher