Revolutionary War Pension and Bounty Land Warrant Application File S. 16,479, for Cornelius Merry, Connecticut

SERVICE
NUMBER
Conn.
Merry, Cornelius
S. 16,479
carded
CONTENTS
[Ruled lines for entry]
[Ruled lines for entry]
D

Indiana 13924
Cornelius Merry
of Knox Co in the State of Indiana who was a private in the Company commanded by Captain King of the _____ commanded by _____ in the Conn. line for Ten Months
Inscribed on the Roll of Indiana at the rate of 40 Dollars _____ Cents per annum, to commence on the 14th day of March, 1831.
Certificate of Pension issued the 15 day of July 1833 and Serial No Ewing _____
Arrears to the 14th of March 80 Semi-ant. allowance ending Sept 20
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded by Dan Boyd Clerk
Book 6 Vol. 7 Page 120
Death not on O.B.

Declaration, in order to obtain the benefit of the Act of Congress, passed June 7 th 1832.
State of Indiana } county of Knox. } ss.
On this 7 th day of September 1832, personally appeared in open court before the Honorable Amory Kinney, President Judge of the Circuit Court of said county, now in session, Cornelius Merry, an old inhabitant of said county, aged sixty nine years, who being first duly sworn according to Law, doth, on his oath, make the following declaration: That he was born in Litchfield county, Connecticut, according to a record in the hand writing of his father, in the year one thousand seven hundred and sixty three: That in the year 1778, he served as a substitute, for Samuel Merry, of Hartford Township, in the county of Hartford, in a company of drafted Militia commanded by Capt. King, of Suffield, said state, and marched to protect New London against an apprehended attack of the British: That he remained in New London about two months, when the fear of invasion had subsided, and the company was ordered home and discharged: That in the year 1779, he served as a substitute for Jason Perkins of Litchfield, in a company of drafted Militia, under Capt. Mills, and with said company joined a Regiment of Connecticut troops under the command of Col. Babey, marched to Horns neck, about forty miles from New York, and there encamped, doing duty every day in scouting parties, for about two months, when he was ordered home and discharged: That in same year, 1779, he volunteered in a company raised in Hartford county, and marched to Simsbury mines, in said state, where he was stationed under Lieutenant Owings to guard prisoners and perform other duties: That he remained stationed at said Guard

house for about six months, when the company were relieved and marched home, when he received an honorable discharge that is now lost. That he volunteered under a draft in Litchfield county, said state, in the year 1781, to serve in a company to the best of his recollection commanded by Captain Stappard, of which one Woods was the orderly ser- geant, and was marched with said company to New Haven to guard the city: That he remained doing Garrison duty in said company at New- Haven, until the news of the surrender of Lord Cornwallis was received, when the company was discharged: That he has no documentary evidence now in his possession, and knows of no person whose testimony he can procure to testify to his service: That he has resided in Knox county, Indiana, since the year one thousand eight hundred and six, previous to which, after leaving Comt. he lived some years in Kentucky. 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. Sworn to, and subscribed } Cornelius Merry in open court, the day } and year aforesaid. }  in open court A. Kinney
We, Samuel Alexander, a clergyman residing in Knox county, Indiana, and John Ackiltree, residing in said county and state hereby certify, that we are well acquainted with Cornelius Merry, who has subscri- bed and sworn to the above declaration: that we believe him to be sixty nine years of age: that he is reputed and believed in the neighborhood, to be a man of strict integrity, and an old revolutionary soldier, and that we concur in these opinions — } Sam l Alexander John Ackiltree Sworn to and subscribed } A. Kinney as the above.

99 24
Cornelius Merry Indiana.
from 1778 present 110 months
$33.33 100
return
5.16 -
E
Dec 12
Mr Elvin Vincennes
Waddell
gdd P. 48.

9924
BRIEF in the case of Cornelius Merry, of Knox County in the State of Indiana (Act 7th June, 1832.)
 1. Was the declaration made before a Court or a Judge? In Open Court  2. If before a Judge, does it appear that the applicant is disabled by bodily infirmity?  3. How old is he? 69 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.     In 1778 Served as a Substitute for Saml. Merry about 2 months As a Gen. Drafted Militia Capt King   1779 he served as a Substitute for Jason Perkins about 2 months Capt Miles   Volunteered 1779 to guard prisoners about 4 " Lieut. O'Brings   1781 remained doing garrison duty until the surrender of Lord Cornwallis Capt. Shephard  
 5. In what battles was he engaged?  6. Where did he reside when he entered the service?  7. Is his statement supported by living witnesses, by documentary proof, by traditional evidence, by incidental evidence, or by the rolls? Traditional evidence  8. Are the papers defective as to form or authentication? and if so, in what respect? 
I Certify that the foregoing statement and the answers agree with the evidence in the case above mentioned.
Examining Clerk.

March 6, 1936
XXXXXXXXXXXX
BA-J/MCS Cornelius Merry, S. 16479
Mrs. W. J. Judy P. O. Box 15 Vincennes, Indiana
Dear Madam:
Reference is made to your request for the record of Cornelius Merry, a soldier of the Revolutionary War.
The data which follow were obtained from papers on file in the pension claim, S. 16479, based upon the military service of Cornelius Merry.
He was born in 1763 in Litchfield County, Connecticut. The names of his parents were not given.
He enlisted in 1778 as substitute for Samuel Merry (relationship not given) of Hartford Township, Hartford County, Connecticut, and served two months as private in Captain King's Connecticut company. He enlisted in 1779 and served two months as private in Captain Mills' company in Colonel Bebe's (probably meant for Beebe's) Connecticut regiment. He enlisted again in 1779 and served six months as private with the Connecticut troops under Lieutenant Owings and was stationed at Simsbury Mines in Connecticut where he was engaged in guarding prisoners. He enlisted in 1781, served as private in Captain Sheppard's Connecticut company and was discharged on receiving news of the surrender of Cornwallis.
Cornelius Merry moved from Connecticut to Kentucky and in 1806 he moved to Knox County, Indiana.
He was allowed pension on his application executed September 7, 1832, at which time he was living in Knox County, Indiana.
The papers in this claim contain no data relative to wife and children of the soldier.
Very truly yours
A. D. BILLER Executive Assistant to the Administrator

BRIEF objections to the admission of Pension Claims, of which those answered in the negative, in red ink, will apply to the claim of Cornelius Merry 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? no  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 & has a device. 

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? yes
XII. If the clergyman's affidavit has not been produced, is there any reason assigned for not obtaining it?
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? yes
XIV. † If the applicant has produced a witness or witnesses as to his service, has the magistrate who administered the oath certified that he, she, or they are persons of credibility?
Has the official character and signature of the magistrate been certified by the proper officer under his seal of office?
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?
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?
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, deposeeth 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 the 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.
†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 authenticated 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 end 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.

Circuit court, - Knox county: La. September Term.
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 applicant, Cornelius Berry, was a revolutionary soldier and served as he states. And the court further certifies to a knowledge of the Rev. Samuel Alexander, who has signed the preceding certificate, being a clergyman resident in Knox county aforesaid, and that John Ochiltree, who has also signed the same, is an old resident of said county, of respectable standing, and their statement is entitled to credit.
A. Kinney
State of Indiana Knox County
I Daniel C. Johnson Clerk of the Court of Knox County do hereby certify that the foregoing contains the Original proceedings of the said Court in the Matter of the Application of Cornelius Berry for a pension.
In testimony whereof I have hereunto set my hand and seal of said Court this 17th day of September 1852
D. C. Johnson CLR

Additional Declaration to obtain the benefit of the Act of Congress of the 7 th of June 1832.
State of Indiana } County of Knox } ss
On this 7 th day of March 1833 personally appeared in open court before the Hon. Amos Kinnery, President Judge of the circuit court of said county now in session, Cornelius Merry, an old revolutiona- ry soldier, whose original declaration, duly authenticated in our court aforesaid, on the seventh day of September last, is hereunto attached with a red ribbon, and said Cornelius being first duly sworn, doth, on his oath say, that he served as a private soldier during the revolutiona- ry war, under Captains King, Mills, and Sheppard and under Lieut. Owings, as specified in the said original declaration, and that his actual services in said company's embraced a period altogether of upwards of ten months, therefore he positively swears to ten months faithful service sworn to and subscribed } in open court the day and } Cornelius Merry year aforesaid } A. Kinnery
The said court do hereby declare their perfect conviction that the true leaves of paper hereunto attached with a red ribbon, contain the original declaration of Cornelius Merry authenti- cated in our court on the 7 th day of September 1832.
In testimony whereof I do hereunto set my hand this 7 th day of March 1833.
A. Kinnery Pres. Judge

State of Indiana } Knox county }
I A. D. Scott, Clerk of the circuit court of said county of Knox do hereby certify that the foregoing contains the proceedings of our said court in the matter of an additional Declaration of Cornelius Merry for a pension.
In testimony whereof I have hereunto set my hand and seal of office this 7 th day of March A. D. 1833.
A. D. Scott C.R.

16.479 INVALID.
1936 Mar. 6. hist. to Mrs. W. J. Judy MS
File No. 16.479
Cornelius Mertz
Pri Rev war
Act: June 7 th 32
Index:—Vol. 1 , Page 255
[Arrangement of 1870.]

SLC CANTLEY RECEIVER St. Louis Joint Stock Loan Bank St. Louis, Missouri TELEPHONE 1415
Mrs W. J. JUDY BOX 15 VINCENNES, IND.
Vincennes Indiana January 15, 1936.
General Administration, Washington D. C.
Dear Sir:
Will you please send me Service Record and any additional data for:
Cornelius Merry , Sr. pensioned 1831, at age of 71 or 77 died February 25, 1842 in Knox County, Indiana.
Thought to be in Connecticut Militia, but no proof, here.
Thanking you in advance. I am yours very truly,
Mrs W. J. Judy. P.O. Box 15 Vincennes. Indiana