Revolutionary War Pension and Bounty Land Warrant Application File S. 13,920, for John Merry, Massachusetts

SERVICE
NUMBER
Mass
Merry, John
S 13,920
carded
CONTENTS

New York
John Murray
of Oneida Co in the State of New York who was a private in the Company commanded by Captain Ford of the Regt n commanded by Col l Willets in the Mass s line for 7 mo.
Inscribed on the Roll of New York at the rate of 23 Dollars 33 Cents per annum, to commence on the 14th day of March, 1831.
Certificate of Pension issued the 30 day of April 1833 and sent to D. P. Johnson Esq r
Arrears to the 14th of March 1833 $46.66 Semi-ant. allowance ending Sept r 11.66
$58.32
{ Revolutionary Claim, } { Not June 7, 1832. }
Recorded by W. L. Williams Clerk Book 6 Vol. 4 Page 25

13.429 John Merry
admitted.
7 mo. Private.
B. P. Johnson
Rome — N. York

BRIEF in the case of John Merry  County of Oneida in the State of N. York  (Act 7th June, 1832.)
 1. Was the declaration made before a Court or a Judge? a Judge  2. If before a Judge, does it appear that the applicant is disabled by bodily infirmity?  3. How old is he? 71  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.     July In 1781 3 Private Gen. Capt. Ford 5 Col. Brown 3  Mafs 45   June or July 1782 3 " Capt. Nash 5 Col. M. Willett 3   time not specified 1 " No officer named. 5 on various alarms etc 3  
 5. In what battles was he engaged? None stated  6. Where did he reside when he entered the service? Pittsfield — Mafs 45  7. Is his statement supported by living witnesses, by documentary proof, by traditional evidence, by incidental evidence, or by the rolls? Traditional evidence, and one living witness  8. Are the papers defective as to form or authentication? and if so, in what respect? they are not properly attached 
I certify that the foregoing statement and the answers agree with the evidence in the case above mentioned.
H. Gordon Examining Clerk.

STATE OF NEW YORK, } ss. Oneida County,
On this first day of October 18 32 personally appeared in open court before the John C. Berry in the court of Common Pleas - Oneida a resident of said county and state, aged Seventy one 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, 1832.
That he entered the service of the United States under the following named officers, and served as herein stated: That he was born in Kent. Con. in 1761. There was a record when he was born as he has heard of his age lived at Pittsfield Mass. when called into service. Service was lived Argyle - Paris, N.Y. town Boonville N.Y. Enlisted at Pittsfield Mass. in month of July as he believes in 1781 in Capt Fords Co. Col Browns Regt for Three months - and marched to Clancrack N.Y. then to Albany and then to Schoharie, and was stationed at Upper Fort, and remained there till time nearly out & then went down to Middle Fort commanded by a Maj Woodley of Continental Army - Attack on fort made by British said to be under command of Butler, Brant Indian Chf. & Sir Wm Johnston. and shortly after this defeatment was discharged at Indian Castle on Mohawk River having served out in 3 months . Enlisted at Pittsfield in June or July 1782 as he believes, under a Capt Clark for Three months - and marched to Schoharie, and then to Fort Plain on the Mohawk river where he served his three months under Col Marinus Willets command and received his discharge at Johnstown N.Y. Also served in several alarms as a volunteer after this - at Oneida, one month - never recd any written discharge - when I annuited affidavit to his character service, as all proof 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. Does not recollect any other Continental
Sworn to and subscribed the day and year aforesaid. by making his mark
J. H. HATHAWAY Judge of Oneida Com. Pleas Counselor.
John C. Berry mark
residing in
we believe him to be
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.
hereby certify that we are well acquainted with who has subscribed and sworn to the above declaration; that years of age: that he is reputed and believed in the
And the said Judge 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 Peter Schuyler who has signed the annexed preceding certificate, is a resident in Boonville Oneida County and that John G. Post who has also signed the same, is a resident in Boonville and is a credible person, and that their statement is entitled to credit.
From distance of witnesses from Tragedy Personal attendance would be attended with too much expense and from bodily infirmity the said applicant is unable to attend court.
J. H. HATHAWAY Judge of Oneida Com. Pleas Counselor etc.
I, George Brown Clerk of the Court of Common Pleas of Oneida do hereby certify that the foregoing contains the original proceedings of the said court in the matter of the application of John C. Berry for a pension.
In Testimony Whereof, I have hereunto set my hand and seal of office, this third day of October 18 32
And further Certifies that Louis Miller was a justice and Benjamin Robinson a commissioner in the days the within affidavits for post were taken and that the facts therein stated are true to the best of their knowledge. Geo Brown Clerk Joseph B. Read Dpty Clerk

State of New York
Oneida County ss
On this 14 th day of July 1832 before me personally appeared
Rhoda Ensign of Rome in said county age 74 years, who being duly sworn says that she is well acquainted with John Merry of Boonville in said Co, a brother of this deponent - She well recollects that said John Merry was a soldier in the army under Genl John Brown - at time Schoharie was burnt and went from Pittsfield where he then was in 1780 about July and was out in service as much as three months - and she further says that the year after this, the said John Merry was out in service but how long she does distinctly recollect, tho' she has no doubt it was as much as three months.
And further says not -
Her Rhoda — Ensign Mark
Oneida County ss On the day & year above named before me personally appeared the above named Rhoda Ensign whom I believe to be a person of credibility, truth and veracity and made oath to the above
T. M. Johnson Commissioner

Am Bo We Peter Schuyler of Poonville, Merchant, John G. Post of same place Merchant, hereby certify that we are well acquainted with John Merry of said Poonville, that we believe him to be at least 71 years of age = that he is reputed and believed and has been so for many years, in the neighborhood where he lives and resides, to have been a Soldier of the Revolution and that we concur in that opinion.
Peter Schuyler John G. Post
Oneida ss — Personally appeared before me the subscriber the above named Peter Schuyler and John Post above named to me well known, as men of credibility truth and veracity and made oath to the above affidavit — Dated July 1832
Corin Miller Justice of The Peace
We the subscribers inhabitants of Poonville in the County of Oneida, do hereby Certify that we are well acquainted with the above named John Merry and that we concur in the foregoing

Affidavit and Certificate of Peter Schuyler and John Post.
Sworn to July 1882 Joseph Owens Lorin Miller Henry Francis Post Master
Wm L Hubbard George Brinckerhoff Morris Davis Joseph Norstrom Philip M. Schuyler Hezekiah Jones
I hereby certify that I am acquainted with most of the above signers and that so far as I am acquainted with them they are men of truth and veracity. —
J. P. Johnson Commissioner
John Post Peter Schuyler
John Murray

Rome. N.Y.
Oct 4. 1832
Hon Lewis Cass.
Sir:
Enclosed is the application of John Merry a Revolutionary Soldier. Who served as he states 7 months.
Rhoda Ensign serves 6 mos.
Returns are most respectfully requested, to the subscriber, Rome. Oneida Co N.Y.
I am respectfully, Your most ob! Servt.
W. B. Johnson

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

XI. Has the applicant obtained the evidence of a clergyman and another respectable citizen as to their belief respecting his age and the general belief in his neighborhood relative to his revolutionary service? No
XII. If the clergyman's affidavit has not been produced, is there any reason assigned for not obtaining it? None
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?
XIV. † If the applicant's name is not found on the rolls of military service, has he produced a witness or witnesses as to his service?
If he has produced direct proof as to service, has the magistrate who administered the oath, certified to the credibility of the witness or witnesses? Yes
Has the proper officer certified to the official character and signature of the magistrate as the regulations direct? yes
XV. Does it appear from any of the papers that the witness was in such a situation, or of such an age, as to have a personal knowledge of the applicant's service? yes
XVI. ‡ Are the papers authenticated as the regulations direct? No
XVII. Are the seven interrogatories prescribed by the War Department answered satisfactorily? And, if not, which of them is not so answered?
EXPLANATORY NOTES.
* QUERE V. In a case where the applicant cannot, by reason of the loss of memory, state precisely how long he served, he should amend his declaration by making an affidavit in the following words:
"Personally appeared before me, the undersigned, a Justice of the Peace, &c. A. B. who, being duly sworn, deposeth and saith, that, by reason of old age, and the consequent loss of memory, he cannot swear positively as to the precise length of his service, but according to the best of his recollection he served not less than the periods mentioned below, and in the following grades; For _____ year _____ months, and _____ days, I served as a _____ For _____ months and _____ days, I served as a _____; and for such service I claim a pension."

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

John Merry. Oneida Co. N.Y. 13. 4. 29
1781. Col Brown Rep mil. Three months.
1782. Capt Clark Co Three months.
Volunteer afterwards One month
73. Johnson ! agd. - B. 3. 11. 4.
Admitted. 7 mo. Private
Pension to be payable at U.S. Branch Bank Utica - N.Y.

Rev. Mays
13920 INVALID
File No. 13920
John Moerry Rev. Boer War
Act: June 7" 1832
Index:—Vol. 1 , Page 258
[Arrangement of 1870.]