Revolutionary War Pension and Bounty Land Warrant Application File S. 5788, for Derick Morley, Massachusetts

SERVICE
NUMBER
Mass.
Morley, Derick
S 5788
Carded
CONTENTS

14273 8095 New York
Derrick Morley
of Germanser in the State of N. York who was a Private in the Company commanded by Captain Brown of the Regt. commanded by Col. Easton in the N. York line for 4 Months
Derrick Morley Mass. Regt. C.K. May 16 1844
Inscribed on the Roll of N. York at the rate of 11 Dollars 66 Cents per annum to commence on the 14th day of March, 1831.
Certificate of Pension issued the 17th day of May 1838 and due to W Mitchell (Wethersfield)
Arrears to the 14th of Mar '33 $93.32 Semi-annual allowance ending 4th Sep '33 23.33 $116.65
Revolutionary Claim, As of June 7, 1832.
Recorded by G. S. [Signature] Clerk Book C. Vol. A. Page 67
Dead Letter to Hon. S. M. Bates 8 30 June 30 April 1840 Letter to Hon. S. M. Bates 3 May 1840 Paid at the Treasury under the Act of the 6th April 1838 from 4 March to 10 Aug 1839. Age notified 2 June 1840

18095-
Levick Morley
Adm d
William Mulchell Bethany Genesee N York.

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 subjunctive notes, you will readily perceive that objections exist, which must be removed, before a pension can be allowed. The notes and the regulations will show 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, showing the Service of Deuck Morley Genereux in New York
   Period when the service was rendered. Duration of the claimant's service. Rank of the claimant. Name and Rank of the Company officers under whom he served. Name 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- 7 7 " Corporal Capt Brown Col Col Easton Seneca Sandusky a Massachusetts   1777 " 4 " priv Dominey Brown Saratoga Documentary   1776 " 3 m priv Belott Fellow Seneca Testimonial  
age 77 years
I am, respectfully,
Your obedient servant,
J. L. EDWARDS,
Commissioner of Pensions.

REGULATIONS UNDER THE ACT OF JUNE 7, 1832.
The following regulations have been adopted:
This law has been construed to extend, as well to the line, as to every branch of the Staff of the Army, and to include under the terms "Continental Line," "State troops," "militia," and "volunteers," all persons enlisted, drafted, or who volunteered and who were bound to military service, but not those who were occasionally employed with the army upon civil contracts, such as Clerks to Commissaries and to Store Keepers, &c. Teamsters, Boatmen, &c. Persons who served on board of Private Armed Vessels are also excluded from the benefits of the law, as well as persons who turned out as patrols, or were engaged in guarding particular places at night, and were not recognized as being in actual military service.
Four general classes of cases are embraced in this law:
 1. The Regular Troops.  2. The State Troops, Militia, and Volunteers.  3. Persons employed in the Naval service.  4. Indian Spies. 
As rolls of the regular troops in the Revolutionary War exist in this Department, all persons, claiming the benefit of this law as officers, non-commissioned officers, musicians or privates, will in the first instance, make application by transmitting the following declaration, which will be made before a Court of Record of the County where such applicant resides. And every Court having by law a seal and Clerk is considered a Court of Record.
DECLARATION,
In order to obtain the benefit of the Act of Congress of the 7th of June, 1832.
State, Territory, or District of } ss. County of }
On this _____ day of _____ personally appeared (a) before A. B. a resident (b) of _____ in the county of _____ and State, Territory or District of _____ aged (c) _____ years, who being first duly sworn, according to law, doth on his oath make the following declaration, in order to obtain the benefit of the provision made by the act of Congress, passed June 7th, 1832. That he enlisted in the Army of the United States in the year (d) _____, with _____ and served in the _____ (e) regiment of the _____ line, under the following named officers:
[Here set forth the names and rank of the Field and Company Officers; the time he left the service; (and if he served under more than one term of enlistment, he must specify the particular period, and rank and names of his officers;) the town or county and State in which he resided when he entered the service; the battles, if any, in which he was engaged, and the country through which he marched. [This form is to be varied so as to apply to the cases of officers and persons who belonged to the militia, volunteers, navy, &c.]
He hereby relinquishes every claim (f) whatever to a pension or an annuity, except the present, and he declares that his name is not on the Pension Roll of any Agency in any State, or (if any) only on that of the Agency in the State of _____
Sworn to and subscribed the day and year aforesaid.
A. B.
[And then will follow the certificate of the Court.]
And the said Court do hereby declare their opinion (g) that the above named applicant was a revolutionary soldier, and served as he states.
I _____ of the Court of _____ do hereby certify (h) that the foregoing contains the original proceedings of the said Court in the matter of the application of _____ for a pension.
In testimony whereof I have hereunto set my hand and seal of office (i) this _____ day of _____ &c.
If, on examination of the proper record the names of applicants, making such declaration, cannot be found, they will produce such proof as the rule given in note (j) points out.
Every applicant who claims a pension by virtue of service in the State Troops, Volunteers or Militia, except those who belonged to the New Hampshire Militia and State Troops of Virginia, will make and subscribe a declaration similar to the foregoing, with the following additions, viz:
(k) We, A. B., a Clergyman, residing in the _____ and C. D. residing in (the same) _____ hereby certify, that we are well acquainted with _____, who has subscribed and sworn to the above declaration; that we believe him to be _____ years of age; that he is reputed and believed, in the neighborhood where he resides, to have been a soldier of the Revolution, and that we concur in that opinion.
Sworn and subscribed the day and year aforesaid.
[And then will follow the certificate of the Court.]
And the said Court do hereby declare their opinion, after the investigation of the matter, and after putting the interrogatories prescribed by the War Department, that the above named applicant was a Revolutionary Soldier, and served as he states. And the Court further certifies, that it appears to them that A. B. _____ who has signed the preceding certificate is a clergyman, resident in the _____ and that C. D., who has also signed the same is a resident in the _____ and is a credible person, and that their statement is entitled to credit.
I, _____ Clerk of the Court of _____ do hereby certify that the foregoing contains the original proceedings of the said Court, in the matter of the application of _____ for a pension.
In testimony whereof, I have hereunto set my hand and seal of office, this _____ day of _____ &c.
Every applicant will produce the best proof in his power. This is the original discharge or commission; but if neither of these can be obtained, the party will so state under oath, and will then procure, if possible, the testimony of at least one credible witness, stating in detail his personal knowledge of the services of the applicant, and such circumstances connected therewith, as may have a tendency to throw light upon the transaction.
If such surviving witness cannot be found, the applicant will so state in his declaration (l) and he will also, whether he produce such evidence or not, proceed to relate all the material facts, which can be useful in the investigation of his claim, and in the comparison of his narrative with the events of the period of his alleged service, as they are known at the Department. A very full account of the services of each person

will be indispensable to a favorable action upon his case. The facts stated will afford one of the principal means of corroborating the declaration of the applicant, if true, or of detecting the imposition, if one be attempted; and unless, therefore, these are amply and clearly set forth, no favorable decision can be expected. All applicants will appear before some Court of Record in the County, in which they reside, and there subscribe and be sworn to, one of the declarations above provided, according to the nature of his case.
The Court will propound the following (m) interrogatories to all applicants for a pension, on account of service in the Militia, State troops, or Volunteers, except the Militia of New Hampshire and the State troops of Virginia.
 1. Where and in what year were you born?  2. Have you any record of your age, and if so, where is it?  3. Where were you living when called into service; where have you lived since the Revolutionary war, and where do you now live?  4. How were you called into service; were you drafted, did you volunteer, or were you a substitute? And if a substitute, for whom?  5. State the names of some of the Regular Officers, who were with the troops, where you served; such Continental and Militia Regiments as you can recollect, and the general circumstances of your services.  6. { To a Soldier. { Did you ever receive a discharge from the service, and if so, by whom was it given and what has become of it? { To an Officer. { Did you ever receive a commission, and if so, by whom was it signed, and what has become of it? 
7. State the names of persons to whom you are known in your present neighborhood, and who can testify as to your character for veracity, and their belief of your services as a soldier of the Revolution.
The Court will see that the answers to these questions are embodied in the declaration, and they are requested to annex their opinions of the truth of the statement of the applicant.
The applicant will further produce in Court, if the same can be done, in the opinion of the Court, without too much expense and inconvenience to him, two respectable persons - one of whom should be the nearest clergyman, if one lives in the immediate vicinity of such applicant, who can testify, from their acquaintance with him, that they believe he is of the age he represents, and that he is reputed and believed in the neighborhood to have been a Revolutionary soldier, and that they concur in that opinion. If one of these persons is a Clergyman, the Court will so certify, and they will also certify, to the character and standing of other persons, giving such certificates.
The traditional evidence of service is deemed very important, in the absence of any direct proof, except the declaration of the party. And the Courts are requested to be very particular in the enquiry whether the belief is general, and whether any doubts have ever existed upon the subject.
Applicants unable to appear in Court by reason of bodily infirmity, may make the declaration before required, and submit to the examination, before a Judge or Justice of a Court of Record of the proper county, and the Judge or Justice will execute the duties, which the Court is herein requested to perform, and will also certify that the applicant cannot, from bodily infirmity, attend the Court.
Whenever any official act is required to be done by a Judge or Justice of a Court of Record, or by a Justice of the peace, the certificate of the Secretary of State or Territory, or of the proper Clerk of the Court or County, under his seal of office, will be annexed, stating that such person is a Judge or Justice of a Court of Record, or a Justice of the Peace, and that the signature annexed is his genuine signature.
No payments can be made on account of the services of any person, who may have died before the taking effect of the act of June 7, 1832; and in case of death subsequent thereto, and before the declaration herein required is made, the parties interested will transmit such evidence as they can procure, taken and authenticated before a Court of Record, showing the services of the deceased, the period of his death, the opinion of the neighborhood respecting such services, the title of the claimant, and the opinion of the Court upon the whole matter.
[a] The declarant must appear in open Court, unless prevented from doing so by reason of bodily infirmity; in which case the declarant will follow the rule laid down for his guidance.
[b] The declarant must make his declaration in the county where he resides. If he should fail to do so, he must assign a sufficient reason for not conforming to the rule.
[c] The age of the claimant must invariably be mentioned.
[d] The declarant must mention the period or periods of the war when he served.
[e] Every continental officer or soldier must give the name of the Colonel under whom he served; otherwise a satisfactory examination of the claim cannot be had. Every claimant must state, with precision, the length of his service, and the different grades in which he served, in language so definite as to enable the Department to determine to what amount of pension he is entitled. In a case where the applicant cannot, by reason of the loss of memory, state precisely how long he served, he should amend his declaration by making an affidavit in the following words:
"Personally appeared before me, the undersigned, a Justice of the Peace, &c. A. B. who, being duly sworn, deposeth and saith, that, by reason of old age, and the consequent loss of memory, he cannot swear positively as to the precise length of his service; but, according to the best of his recollection, he served not less than the periods mentioned below, and in the following grades:—For _____ year _____ months, and _____ days, I served as a _____. For _____ months and _____ days, I served as a _____; and for such service I claim a pension."
It is important, in all cases, to determine with precision the period for which each applicant served, and the particular rank he held, as the law directs the pension to be paid according to the grade of the pensioner and the length of his service. The use of the phrase about three or four months , is too indefinite, and all such qualifying expressions are objectionable. Some persons who apply for pensions merely state that they served two years in the militia, &c. without specifying the tours, the names of the officers, and other particulars respecting their service. This form of a declaration is highly objectionable. It must, in every case, be clearly shown under what officers the applicant served; the duration of each term of engagement; the particular place or places where the service was performed; that the applicant served with an embodied corps called into service by competent authority; that he was either in the field or in garrison; and for the time during which the service was performed, he was not employed in any civil pursuit.
[f] The law makes the relinquishment indispensable.
[g] The opinion of the Court is always required.
[h] The Clerk must give his certificate in every case.
[i] The Clerk must affix his seal, and if it has no device or inscription by which it can be distinguished from any other seal, or if he has no public seal of office, the certificate of a Member of Congress, proving the official character and signature of the certifying officer, should accompany the papers.
Mode of authenticating papers.
In every instance where the certificate of the certifying officer who authenticates the papers is not written on the same sheet of paper which contains the affidavit, or other papers authenticated, the certificate must be attached thereto by a piece of tape or narrow ribbon, the ends of which must pass under the seal of office of the certifying officer, so as to prevent any paper from being improperly attached to the certificate.
Proof of Service.
[j] In a case where the name of the applicant is not found on the records of the Department, he must prove his service by two credible witnesses, who are required to set forth in their affidavits the time of the claimant's entering the service, and the time and manner of his leaving the same, as well as the regiment, company, and 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 [e] 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.

State of New York Dunseer County S.
October
On this 16 th day of September 1852 personally appeared in open court before
the Court of Common
Plas now sitting. Derrick Morris a resident of the town of Bethany in the County of Onondaga and State of New York aforesaid Age of Twenty Seven years who being 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 was born in the town of Springfield in the State of Massachusetts on the 18 th day of September 1755, as he has been informed by his parents and believes to be true as appears from the Family Record, which he has now and for many years has kept, and which is now at his residence in which his age is recorded: That he is now about Twenty Seven years of age: That in the Spring of the year 1775 he lived in the town of Andoversfield in the State of Massachusetts, that he was then in his twentieth year; and that in the Spring or forepart of Summer of that year, he volunteered in the service of the United States in Captain Jacob Brown's Company, in which was Lieutenant Rufus Allen, and Ensign Holmes. This Company was attached to Col. Eason's Regiment. That he immediately marched from Andoversfield to Ticonderoga; That he remained at Ticonderoga a part of the season and then went to Crown Point for a short time; returned again to Ticonderoga and was there taken sick; He then received a Discharge on account of ill health signed by General Schuyler, the General in Command at that place, which is herunto attached: That he remained sick several weeks and then returned home: That he was absent from home about seven months; That he was a Corporal in the said Company while in this service: That in the month of July or May in the year 1777 1777 he again entered the service under Capt. Elijah Dunning in Col. John Brown's Regiment: That he marched to Saratoga, that he was stationed at that place a part of the time, and a part of the time was stationed at Fort Anne, That he remained in the said service as he believes until August or September following: That in the month of October following when General Burgoyne was taken, he was sick, and unable to perform duty, and returned home: That he was in the service

in the summer of 1776, under Captain Samuel Woodruff, in Col. Fellows Regiment, but how long he served at that time he cannot now positively state, but believes it to have been three months: That he marched to Tienderoga and other Northern Forts: That he resided at Sangersfield until within the last year ever since the war of the Revolution: within the last year he removed to this town of Bethany where he now resides
That he never had any written discharge except the one heunto annexed nor has any other documentary evidence of his services that he does not know of any living witness by whom he can prove his services That William Mitchell of Residing in Bethany and Rufel Morley in the same place reside here to testify that they believe him to have been a soldier of the revolution That he hereby relinquishes every claim 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
Sworn to and subscribed the Derrick Morley day and year aforesaid
in open court Timothy Fitch Clerk
We William Mitchell residing in the town of Bethany in the said County of Genesee and Rufel Morley of the same place hereby certify that we are well acquainted with Derrick Morley who has subscribed and sworn to the above declaration. That we believe him to be seventy seven years of age that he is respected and believed in the neighborhood where he resides to have been a soldier of the revolution and that we concur in that opinion William Mitchell Subscribed and sworn the Rufel Morley day and year aforesaid in open court
Timothy Fitch Clerk

And the said Court do hereby declare their opinion after the investigation of the matter and after putting the interrogatories prescribed by the War Department that the above named applicant was a revolutionary soldier and served as he states. And the Court further certifies that it appears to them that William Mitchell and who has signed the preceding certificate is a member of this Court & that Rufus Morley is a credible Witness and their Statute is entitled to credit.
Isaac Wilson
Robert Carrl f
Jamies Taggart
I Timothy Fitch. Clerk of the court of Genesee County do hereby certify that the foregoing contains the original proceedings of the said Court in the matter of the application of Derrick Morley for a pension.
In testimony whereof I have hereunto set my hand and seal of office this sixteenth day of October 1832
Timothy Fitch Clerk

Application of Dinah Morris.
18095
adm a 64 mo pic
$46.66
Tuesday at War Warting ton City
61
Please make such returns in re- lation to the within application as from the spirits you may think proper to William Mitchell of Belknap County New York.

DEPARTMENT OF THE INTERIOR,
BUREAU OF PENSIONS.
Washington, D. C., _____, 19_____
In reply to your request of _____, received _____ for a statement of the military history of Derrick Morley , a soldier of the REVOLUTIONARY WAR, you will find below the desired information as contained in his (or his widow's) application for pen- sion on file in this Bureau. P.5788
   DATES OF ENLISTMENT OR APPOINTMENT. LENGTH OF SERVICE. RANK. OFFICERS UNDER WHOM SERVICE WAS RENDERED. STATE.   CAPTAIN. COLONEL.     Sept 20 1775 Sept 20 1775 Copfl. Jacob Brown. Ebenezer Mass.   Summer 1776 2 mos. Samuel Wolcott. Fellowes   + April 1777 Aug 10 Sept 1777 Ebenezer Deming John Brown  
Battles engaged in, None stated
Residence of soldier at enlistment, Sandisfield, Mass.
Date of application for pension, Oct 16 1832. His claim was allowed.
Residence at date of application, Bethany, Genesee Co. N.Y.
Age at date of application, 6. Sept 18 1755. Springfield, Mass.
Remarks: he died Aug 10, 1839 leaving children, names not stated. There is no further family data on file.
Respectfully,
Commissioner.

The bearer here of Dinick Morley of Colo: Vassens Regiment in Capt Browns Company being returned unfit for service is hereby Discharged — Given under My hand at Second Creek this Twentieth Day of September 1775.
H. Schuyler Major General
To all whom it may Concern

- Rev Sec v Enc 1
REVOLUTIONARY WAR DEPARTMENT
Chicago, Illinois August Twelfth Nineteen sixteen.
Bureau of U.S. Pensioners, Washington, D.C.
Gentlemen:-
Will you kindly furnish me certificate of service of my ancestor
Derrick Morley born Springfield, Mass. 18th Sept., 1755; died Bethany, Genesee Co., N.Y. 10th Aug. 1839;
also
Aaron Mills, who served as Priv. Inf. & Artillery Cont. Army from Conn. and afterwards lived and died in Chenango Co., N.Y.
I would thank you greatly for these as the certificate will enable me to produce authentic reference for admission to the Sons of the American Revolution.
Hoping to receive these soon, I am,
Very truly yours,
HARRY N. MILLS,
Room 1333, Stock Exchange Building, Chicago, Ill.
P.S. If the records show any family data kindly include same.

TREASURY DEPARTMENT,
Second Comptroller's Office,
May 9 th , 1840.
Sir:
Under the act of the 6th of April, 1838, entitled "An act directing the transfer of money remaining unclaimed by certain Pensioners, and authorizing the payment of the same at the Treasury of the United States," The children of Derrick Morley, a Pensioner on the Roll of the Albany N.Y. Agency, at the rate of forty Six Dollars and Sixty six Cents per annum, under the law of the 7 th June 1832, have been paid at this Department, from the 1 st of March, to the 18 th August, 1839, the day of his death.
Respectfully, yours,
William B. Harris.
Comptroller.
To the Commissioner of Pensions,
Present.

Rebman ✓
5788
INVALID.
1916 Aug. 21 - History to Mr. Harry C. Miles. M.B.H.
File No. 5788
Derrick Morley ★ Pa Rev War
Act: June 7th 1832
Index: — Vol. M , Page 263
[Arrangement of 1870.]
★ Derrick Morley. Records corrected. May 16/04. B.

House Representatives
30 th April 1840
Sir - In your Note of even date you say "I have referred the papers in the case of Luke Degrass, to the Third Auditors of the Treasury, that the Pension may be paid in conformity to the act of the 6 th April 1838"
At this moment I cannot call to mind a case of that kind presented by me, & will be much obliged if you will refer me to the date of my letter enclosing it to you, & the name of the person having it in charge & who forwarded it to me - I recollect of presenting a case of Morley a few days since, & perhaps your Clerk has mistaken the name in giving me the above information.
I am Sir, Very Respectfully
Your M c , Ob t Serv t
Seth M c Gath
M m . S. L. Edwards Comp r . of Pension