Revolutionary War Pension and Bounty Land Warrant Application File S. 11,090, for Sargent Morrill, New Hampshire

SERVICE
NUMBER
Continental N. 26
Morrill, Sargent
S. 11,090
CONTENTS
carded
[Ruled lines for entry]
[Ruled lines for entry]

20659 New-York Sargent Morrill
of Cataraqui in the State of New York who was a Private in the Comp y commanded by Captain Shepard of the Res y commanded by Col. Poor in the He y line for 12 M th 28 d s
★ N. H. Continental
M th 505. Resided in...
Inscribed on the Roll of New York as the rate of 43 Dollars 08 Cents per annum to commence on the 4th day of March, 1831.
Certificate of Pension issued the 26 day of Sep r . 1833 and due to A. Gibbs Elliots
Arrears to the 4th of Sep r 33 $107.70 Semi-ant. allowance ending 4 th M th 34 21.54 $129.24
Revolutionary Claim, Act June 7, 1832.
Recorded by C. C. Atty Clerk Book E , Vol. 4 , Page 69

State of New York
Cattaraugus County N.Y.
Cattaraugus County ss. On this Second day of October in the year of our Lord one thousand eight hundred and thirty two personally appeared in Open Court before the Court of Common Pleas of the County of Cattara- -ugus now sitting "Sargent" Maurice of the town of Napoli in the County of Cattaraugus and State of New York aged Seventy Eight years the twenty fourth day of June last past who being duly sworn according to Law doth on his oath make the following declaration in order to obtain the ben- -fit of the provisions made by the act of Congress passed June Seventh eighteen hundred and thirty two
That he volunteered as a soldier in the army New Hampshire militia of the United States Some time in the month of April seventeen hundred and seventyfive and shortly after the Battle of Lexington under Captain James Shepherd of Canterbury and County of Rockingham and state of New Hampshire, and started and marched towards Boston in Massachusetts but before coming there, was dismissed and returned to Canterbury, and was at home something like three or four weeks after and before and then went to a place called Winter Hill, under Captain Clough of the New Hampshire militia in Col. Pools Regiment, whose Lieutenant Col. name is not recalled, whose whose name was "Silly." and remained at Winter Hill until late in the Winter or early in the Spring of seventeen hundred seventy six, and then returned again to Canterbury having served out the term of enlistment

In the Spring or very first of June Seven- teen hundred Seventy Six enlisted again in the Militia of New Hampshire or volunteered under one Captain Emery of the New Hampshire Militia joined his company at Concord Massachusetts and Marched from Concord under Captain Emery to Amherst and there joined Col. Baldwin's Regiment of New Hampshire Militia from there we Marched to Springfield Massachusetts and there crossed Connecticut river, and went down the river to Hartford then Marched through Methuenfield to New Haven Marched from there to a place called Kings bridge near the city of New York and there guarded the lines. Went now then to White plains and was there at the time General Washington arrived with his Army. and was on guard at the time when a man came in to camp to make provision for Genl Washington's horses. - And was in the battle of White plains the latter part of October Seventeen hundred & Seventy Six. knew Captain Webster who was in the battle & stood near, to him. after the battle and before, the camp came to White plains was used as a guard house in which was confined the Tories and what were then called the Cow boys, I staid at White plains until General Washington left there and was there discharged staid a very short time not more than a day or so and started for home to Canterbury with two sick soldiers. on the way swapped clothes to get appur money to

Get an account in getting the soldiers story had a musket belonging to me which I sold & promised to return money to get home to Canterbury New Hampshire and arrived home some time late in the fall or forepart of the winter following.
And I hereby relinquish any claim whatever to a pension or an annuity except the present and declare that my name is not on the pension roll of any agency in any state or territory.
Sworn to and Subscribed the day and year aforesaid Sargt Morrill before me Don Allen Don Allen Simon judge of said court in open court. We William G. Pillsbury a commission merchant in Hopkirk in the County of Catterys State of New York & Daniel Nichols of the same place hereby certify that
we are well acquainted with the Sargt Morris who has subscribed and sworn to the above declaration that he believes him to be Seventy Eight years of age last June that he is respected and beloved in the neighborhood where he resides to have been a soldier in of the revolution and that we concur in that opinion Wm G. Pillsbury
Sworn & Subscribed the day & year aforesaid Daniel Nichols before me Don Allen Simon judge of said court in open court And the said court do hereby declare their opinion that the above named applicant was a revolutionary soldier as he states.

I John W. Staunton Clerk of the said Court of Common Pleas of the County of Cattaraugus do hereby certify that the fore- going contains the original proceedings of of the said Court in matter of the application of "Sargent Marie" for a pension
In testimony whereof I have hereunto set my hand and seal of Office this Second of day of October 1832
John W. Staunton clerk
Pension Papers of
Sargent Marie
20187

State of New York Cattaraugus County
SS Personally appeared before me Israel Day a Judge of the Court of Common Pleas in and for the County
aforesaid Sargent Morrell the undersigned 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 time his service but according to the best of his recollection he served not less than the periods mentioned below and in the following grades:—In the month of April 1775 he served as a private not less than one week: In 1775 and 1776 he served as a private not less than eight months and in 1776 he also served as a private not less than four months and three weeks including the time of his start from home until his returned. He further testifies that he never received any written discharge and that in the Court when made  the first, written declaration All the same Questions required to be propounded was put to him and answered by one of the Judges of said Court of Common Pleas in and for the County aforesaid—He states, in answer to the question, that he was 78 years of age that he was born in the town of Canterbury Markingham County and State of New Hampshire that he had no record of his age but has seen in it in former years in my father's Bible. That his Captain were Shepherd, Clough & Emery His Colonels were Poor & Balawin Sworn and subscribed this eighth day of June 1830 before me Israel Day a Judge of Cattaraugus County Common Pleas
Sergeant Morrell

On Bills - Interest
Amount 12mo 28 ds. /mi
 40  308  86.10  21.54  107.70 
State of New York
Cattaraugus County ss.
I John M. Staunton, clerk of said county do hereby certify, that Israel Day esq. before whom the within affidavit purports to have been sworn, was at the date of the same a Judge of the Court of Common Pleas in and for said county, and that I am acquainted with his hand writing and justly believe his name subscribed to the said affidavit to be his proper hand writing and signature. Witness my hand and seal of Office this 11th day of
June A.D. 1833.
John M. Staunton, clerk

No 20457
Sargent Monill Batarangas 6 o N. York
L. L.
Aaron Keith age Ellottsville N York

WAR DEPARTMENT,
Pension Office,
May 29 183
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 Sargent Manell Gataraugus 60  N. 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 1775 Enlisted Police Capt Ship Heroc White plain Rockingham to New York Hampshire to Boston Winter Hill Concord to Roxbury Springfield Crompton Roxbury Hartford New Haven New Britain White plain 22 1/2 28 Dartmouth Rockingham 60 Hampshire to a pension   Enlisted 1776 Capt Colby Capt Emory Capt Mc Sto Col Parr Maj Lilly Col Bala Maj Rye Gen Wash ington  
I am, respectfully,
Your obedient servant,
J. L. EDWARDS, Commissioner of Pensions.

REGULATIONS UNDER THE ACT OF JUNE 7, 1832.
The following regulations have been adopted:
This law has been construed to extend, as well to the line, as to every branch of the Staff of the Army, and to include under the terms "Continental Line," "State troops," "militia," and "volunteers," all persons enlisted, drafted, or who volunteered and who were bound to military service, but not those who were occasionally employed with the army upon civil contracts, such as Clerks to Commissaries and to Store Keepers, &c. Teamsters, Boatmen, &c. Persons who served on board of Private Armed Vessels are also excluded from the benefits of the law, as well as persons who turned out as patrols, or were engaged in guarding particular places at night, and were not recognized as being in actual military service.
Four general classes of cases are embraced in this law:
 1. The Regular Troops.  2. The State Troops, Militia, and Volunteers.  3. Persons employed in the Naval service.  4. Indian Spies. 
As rolls of the regular troops in the Revolutionary War exist in this Department, all persons, claiming the benefit of this law as officers, non-commissioned officers, musicians or privates, will in the first instance, make application by transmitting the following declaration, which will be made before a Court of Record of the County where such applicant resides. And every Court having by law a seal and Clerk is considered a Court of Record.
DECLARATION,
In order to obtain the benefit of the Act of Congress of the 7th of June, 1832.
State, Territory, or District of } ss. County of }
On this _____ day of _____ personally appeared (a) before A. B. a resident (b) of _____ in the county of _____ and State, Territory or District of _____ aged (c) _____ years, who being first duly sworn, according to law, doth on his oath make the following declaration, in order to obtain the benefit of the provision made by the act of Congress, passed June 7th, 1832. That he enlisted in the Army of the United States in the year (d) _____, with _____ and served in the _____ (e) regiment of the _____ line, under the following named officers:
[Here set forth the names and rank of the Field and Company Officers; the time he left the service; (and if he served under more than one term of enlistment, he must specify the particular period, and rank and names of his officers;) the town or county and State in which he resided when he entered the service; the battles, if any, in which he was engaged, and the country through which he marched. This form is to be varied so as to apply to the cases of officers and persons who belonged to the militia, volunteers, navy, &c.]
He hereby relinquishes every claim (f) whatever to a pension or an annuity, except the present, and he declares that his name is not on the Pension Roll of any Agency in any State, or (if any) only on that of the Agency in the State of _____
Sworn to and subscribed the day and year aforesaid.
A. B.
[And then will follow the certificate of the Court.]
And the said Court do hereby declare their opinion (g) that the above named applicant was a revolutionary soldier, and served as he states.
I _____ of the Court of _____ do hereby certify (h) that the foregoing contains the original proceedings of the said Court in the matter of the application of _____ for a pension.
In testimony whereof I have hereunto set my hand and seal of office (i) this _____ day of _____ &c.
If, on examination of the proper record the names of applicants, making such declaration, cannot be found, they will produce such proof as the rule given in note (j) points out.
Every applicant who claims a pension by virtue of service in the State Troops, Volunteers or Militia, except those who belonged to the New Hampshire Militia and State Troops of Virginia, will make and subscribe a declaration similar to the foregoing, with the following additions, viz.:
(k) We, A. B., a Clergyman, residing in the _____ and C. D. residing in (the same) _____, who has hereby certify, that we are well acquainted with _____, 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, 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 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 [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.

Rev man
11090 INVALID.
am
File No. 11,020
Sargent Moseill First Beer War
Act: June 7 th 1832
Index:—Vol. A , Page 264
[Arrangement of 1870.]