Revolutionary War Pension and Bounty Land Warrant Application File S. 29,323, for Daniel Merritt, Massachusetts

SERVICE
NUMBER
Mass
Merritt, Daniel
S. 29,323
CONTENTS
Blank lined area for contents entry
Blank lined area for contents entry

15834 Massachusetts
Daniel Merritt
Plymouth in the State of Mass o who was a Private in the Company commanded by Captain Gould of the Reg t commanded by Col Whitney on the Mass o for 12 months 10 days
Inscribed on the Roll of Massachusetts the rate of $41 Dollars 42 Cents per annum, commence on the 4th day of March, 1831.
Certificate of Pension issued the 2 nd day of Aug y 1833 and sent to Lt. Genl Plymouth Mass
Arrears to the 4th of Mar 1833 $82 24 Sem-ant. allowance ending 4 Sept n 20.56 $102.80
{ Revolutionary Claim, } Act June 7, 1832. }
Recorded by AD Adson Clerk, book C Vol. 2 a Page 53
78 Plym

25273
Dance Murrett Plymouth
40 Pwats 12 Mns 10 Days
189 8.12 41 12
J. H. Lord Plymouth Map

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 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. These 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 Daniel Merritt  Plymouth Co Mass
   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.     Spring 1775 - 0 7 Priv. Col. William Dailly 76. born at Situat Plymouth Co   1776., 4 " Col Guile Col M'Inty Lived there when he entered   78,, 1 10 " Col Bashing Service and still lives in s d place   Certificate of Clergyman and a Citizen -   3 Living Witnesses in s d 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 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, (1) 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.
[2] 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 [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.

Daniel Merritt's Statements 252/93.

State of Massachusetts County of Plymouth ss.
On this twenty second day of August A.D. 1832. personally appeared in open Court, before the Hon ble Wilkis Wood Judge of the Court of Probate for the said County of Plymouth, now sitting at Hanover in said County Daniel Merritt a Resident of Scituate in the said County of Plymouth and State of Massachusetts, aged seventy six 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. A.D. 1832.
That he entered the service of the United States under the following named Officers, and served as herein stated, to wit:
1 st In the Spring of the year 1775. soon after Lexington fight he entered said service, as a private in the Company commanded by Nathaniel Winslow, 1 st Lieut Joshua Jacob 2 nd Lieut Nath l Chittenden, marched to Roxbury and was attached to Col John Bailey's Regiment Lieut Col l Whitney, Major John Jacob, while at Roxbury his Regiment was sent to fortify Point Shirley. After having served seven months he was taken sick and permitted to return home and before his recovery his term of enlistment, which was eight months, expired. He can prove this service by William Hyland and Barnabus Webb who served in the same Regt t and their dispositions are annexed. Also by James Lincoln.
2 nd In June A.D. 1776. he entered said service as a private commanded by Captain Girt, the other Officers were Reed and Sumner as he thinks. went to Nantasket and joined said Company which was attached to Col l Whitney's Regiment, Lieut Col l Jackson and Major Miller he was stationed at Nantasket employed in building forts and keeping guard. After having served four months on account of ill health he was discharged and returned home. He can prove this service by Luther Damon who served with him and his deposition is annexed.
3 rd In February A.D. 1778 he entered said service as a private in the Company commanded by Francis Cushing, Lieut Mott Ensign not recollected, went to Nantasket and joined said Company was stationed there, and after having served forty days the term of his enlistment he was discharged and returned home, his duty was to keep guard. He can prove this service by Luther who served with him and his deposition is annexed.
He served in all as aforesaid twelve months & ten days. he does not recollect receiving a written discharge, nor has he any documentary evidence of his service.
He was born at Scituate the last day of February A.D. 1756. His birth is recorded in the town records of Scituate. He lived in Scituate when

he entered said service and has lived there ever since with the exception of about seven years, when he lived in an adjoining town of Marshfield and now lives in Scituate. He volunteered or enlisted for each term of service, He was not drafted nor a substitute. He has named all the Officers under whom he served that he remembers also all the important events of his service, except that during his first campaign at Roxbury Gen l Washington took the command of the troops. He is known in his present neighbourhood to Samuel Deane Samuel A Turner and others who can testify as to his character for veracity and their belief of his services as a soldier of the Revolution.
He hereby relinquishes every claim whatever to a pension or annuity; except the present and declares, that his name is not on the pension roll of the agency of any State.
Daniel Merritt
Sworn to and subscribed the day and year aforesaid. Attest Jacob H. Lord Reg. Probate
We Samuel Deane a clergyman, residing in the town of Scituate in the County of Plymouth and State of Massachusetts, and Samuel A Turner residing in the same town, hereby certify that we are well acquainted with Daniel Merritt, who has subscribed and sworn to the above declaration, that we believe him to be seventy six years of age, that he is respected and believed in the neighbourhood where he resides, to have been a soldier of the Revolution, and that we concur in that opinion.
Samuel Deane Samuel A Turner
Sworn and subscribed the day and year aforesaid. Attest Jacob H. Lord Reg. Probate
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 Samuel Deane who has signed the preceding certificate is a clergyman, resident in the said town of Scituate and that Samuel A Turner who has also signed the same is a resident in the same town, and is a credible person and that their statement is entitled to credit.
By the Court, Attest Jacob H. Lord Register of Probate
I Jacob H. Lord Register of the Court of Probate for the said County of Plymouth, do hereby certify, that the foregoing contains the original proceedings of the said Court, in the matter of the application of Daniel Merritt for a pension.

In testimony whereof I have hereunto set my hand and seal of Office this twenty second day of August in the year of our Lord one thousand eight hundred & thirty two.
Jacob H. Lord

Barnabas Webb
Dep-
for Daniel Merritt

I Barnabas Webb of Scituate in the County of Plymouth & State of Massachusetts, aged eighty years on oath do testify and say that in the year 1775 Daniel Merritt of Scituate, aforesaid was in the service of the United States in the war of the Revolution and stationed at Roxbury but how long he served and under what Officers I do not remember I not having been in the same Company and for the said Merritt Barnabas Webb
Commonwealth of Massachusetts
Plymouth ss. Aug 2. 1832 Then the above named Barnabas Webb made oath that the above affidavit by him subscribed is true.
before me - Ebenezer T. Doyg - Justice
I further certify that the above named Barnabas Webb is a credible person.
Attest - Ebenezer T. Doyg - Justice

James Lincoln Deh- Daniel Merritt

I James Lincoln of Scituate in the County of Plymouth and State of Massachusetts, aged eighty years on oath do testify and say that Daniel Merritt of Scituate aforesaid served with me one Campaign at Roxbury in Capt Nath Winslow's Company in Col John Bailey's Regiment in the war of the American Revolution, the said Merritt was sick the last part of the term but my impression is that he was not discharged until the term of eight months expired, but of this I am not sure and further saith not James Lincoln
Commonwealth of Massachusetts Plymouth August 17. 1832 Then the above named James Lincoln made oath that the above affidavit by him subscribed is true before me Ebenezer T. Fogg - Justiciaries
And I certify that I have been personally acquainted with the above named James Lincoln for many years and that he is a credible person - Attest - Ebenezer T. Fogg - Justiciaries

William Flyland Dep- Daniel Merritt

I William Hyland of Scituate in the County of Plymouth and State of Massachusetts aged seventy nine years, on oath do testify and say that in the spring of 1775 Daniel Merritt of Scituate in the County of Plymouth aforesaid entered with me for eight months the service of the United States in the war of the Revolution in the Company commanded by Nathaniel Winslow in Col John Bailey's Regiment, stationed at Roxbury the whole term and I recollect that said Merritt served the principal part of his term but the precise time I do not now remember and further saith not—
William Hyland
Commonwealth of Massachusetts Plymouth ss. Aug 3. 1832 Then the above named William Hyland made oath that the above affidavit by him subscribed is true before me — Ebenezer D. Dugg and I further certify that the above named William Hyland is a credible person Attest—Ebenezer D. Dugg—Just peace

I Luther Daman of Scituate in the County of Plymouth and State of Massachusetts, aged seventy six years on oath do testify and say, that in June A.D. 1776 Daniel Merritt of said Scituate entered with me the service of the United States in the war of the Revolution for six months as a private in the Company commanded by Captain Guild and was stationed the whole term at Nantaskett and the said Merritt served four months then on account of ill health was discharged. Also in Feb y A.D. 1778 the said Daniel Merritt again entered with me said service for forty days in Captain Francis Cushing's Company was stationed at Nantaskett the whole term and said Merritt served the whole term. And further saith not Luther Daman
Commonwealth of Massachusetts Plymouth ss August 3 rd 1832 Then the above named Luther Daman made oath that the above affidavit by him subscribed is true, before me - Ebenezer J. Fogg - Justiciarius And I further certify that the above named Luther Daman is a credible person. Attest - Ebenezer J. Fogg - Justiciarius

Commonwealth of Massachusetts. Plymouth ss. I Jacob H. Lord Register of the Court of Probate for the County of Plymouth do hereby certify that Ebenezer T. Pogg Esq before whom the several annexed affidavits were made is a Justice of the Peace for said County & that his name subscribed to the several cer- tificates thereunto is his true & genuine handwriting.
In testimony whereof I have hereunto set my hand & seal of office this eighth day of April in the Year of Our Lord one thousand eight hundred & thirty three
Jacob H. Lord
2nd John D. Sleeper John D. Sleeper Daniel D. Sleeper

29323 Rev  INVALID.
File No. 29,323
Daniel Merrill
Dis Rev War
Act: June 1 st 89 th
Index:—Vol. 2 , Page 968
[Arrangement of 1870.]