Revolutionary War Pension and Bounty Land Warrant Application File S. 14440, for Marks Shell, New York

SERVICE
NUMBER
New York
Shell, Marks
S14440
Carded
CONTENTS

29296 New York
Markus Shell
Herk County in the State of New York who was a Private in the Co. B. commanded by Captain Smith of the Reg. commanded by Col. Bellinger - in the Empire line for 1 year -
Inscribed on the Roll of N. York at the rate of 20 Dollars Cents per annum to commence on the 14th day of March, 1831.
Certificate of Pension issued the 10 day of Aug. 1833 and sent to B. Knapp Lowville
Arrears to the 14th of Mar. $ 80 Semi-annual allowance ending 14th of Sep. 90 $170
{ Revolutionary Claim, } Act June 7, 1832. }
Recorded by J. C. (Stah) Clerk, Book 10, Vol. 5, Page 19 4

13.288. Marks Shell
adm d
5.9. 12. 13.
P. 359
29 Apr 33
L. Knox Lowville N.Y.

BRIEF in the case of Marks Shell of Harrisburgh in the State of N. York (Act 7th June, 1832.)
1. Was the declaration made before a Court or a Judge? open Court 2. If before a Judge, does it appear that the applicant is disabled by bodily infirmity? 3. How old is he? 70 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. As a Gen.     In 1778 at least 2 or 3 Months Private Capt Small Colo Peter Bellingr N. York Militia   1779 " " 2 or 3 do " Same as above "   1780 about 3 months " Capt Marks Dimond Colo Bellingr "   1781 " 3 " " Capt Ellsworth Colo Bellingr "  
5. In what battles was he engaged? None Named 6. Where did he reside when he entered the service? Fort Herkimer N. York 7. Is his statement supported by living witnesses, by documentary proof, by traditional evidence, by incidental evidence, or by the rolls? Traditional evidence alone 8. Are the papers defective as to form or authentication? and if so, in what respect? The Clerk's Signature is not affixed to his Certificate
I Certify that the foregoing statement and the answers agree with the evidence in the case above mentioned.
J. Gordon Examining Clerk.

13.288
Marks Shill
Declaration
v
adm d
12mo pri
40 4

State of New York
Veries County - 3 p: Personally appeared before me the undersigned a Justice of the peace of Veries in said County, Charles Shell of Harrisburgh in said County who being duly sworn deposeth and saith: That in the year 1778 he served in the New York Artillery as stated in his Declaration hereto annexed, three months , under Captain Small, Lieut. Britton, as stated in his Declaration. That in the year 1779 he also served three months under the officers above named.
That in the year 1780 he served three months under Capt. Marks, Skirmoos, Lieutenant Putman in the Regt. Commanded by Colonel Bellinger.
In the year 1781 he served three months commencing in the summer and was discharged in the fall cannot tell the precise time; of entering & leaving the service under Capt. Eldridge & under Col. Bellinger: That he is unable to specify the precise time of entering and leaving the service in each tour but is certain that he served at least one year and served as a private soldier.
That no clergyman resides in the Town of Harrisburgh which is the reason that no one signed the Certificate hereto annexed to his declaration.
That he has no documentary evidence and knows of no person whose testimony he can procure who can testify to his service — his Charles Shell
mark
I hereby certify that on the 9th day of Mar 1833 personally appeared before me the above named Charles Shell and made oath in due form of law to the truth of the above affidavit.
Omri Wilbur Justice Peace

Clerks Office Iredell County
I Carlos P. Scovel Clerk of said County do hereby certify that Olin Wilbur whose name appears within as a Justice of the peace was on the day of the date of the within Certificate a Justice of the peace in and for said County dwelling in said County duly commissioned and sworn and further that I am well acquainted with the hand writing of said Justice and verily believe that the signature of Olin Wilbur subscribed to the within certificate  above to be his own just and true handwriting. Given under my hand & seal of Office this 20 th day of May 1833
Carlos P. Scovel Clerk

State of New York Lewis County — ss.
On this eighteenth day of September in the year One Thousand Eight Hundred and thirty two personally appeared in open court before the Judges of the Court of Common Pleas of the County of Lewis now sitting Markus Shell a resident of the Town of Harrisburgh in the County of Lewis and State of New York aged thirty 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 Jan'y 7. 1832.
That he entered the service of the United States under the following named officers and served as herein stated. In the year 1778, he entered the service in the New York Militia under Captain Small in the Regiment commanded by Colonel Peter Billinger That he resided during the year at Fort Herkimer on the Mohawk River and was in actual service at least two or three months in said year 1778.
That in the year 1779 he resided in the Fort above mentioned and was in actual service under the above named officers in the Militia aforesaid two or three months — That he resided at Fort Herkimer during the two years above mentioned and was enrolled in the company above mentioned and was frequently called out on duty but he cannot recollect the precise time of service in each instance but that it was in all at least two or three months in each year as above stated; and that he served as a Volunteer.
That in the year 1780 sometime in the summer he enlisted as a Volunteer in the New York Militia for Four months under Captain Marks Diamond Dunton and Patman in the Regiment commanded by Colonel Billinger and served about three months when he was taken sick and left the service.

That in the year 1781, he entered the service in the Militia aforesaid in the Company of Command by Captain Elsworth Lieutenant Putman in the Regiment before mentioned commanded by Colonel Billinger under an enlistment for three months and served the time out was discharged some time in the fall
All the above mentioned service was performed on or in the vicinity of the Mohawk River. That he was in a number of battles or skirmishes with the Indians and Tories; One of which was at Fort Herkimer; one at Shells Bush, Herkimer County, & One at German Flats -
That he resided at the time of entering the service in the Town of Herkimer (at that time, Montgomery County N.Y. That he entered the service as a volunteer;
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 & Subscribed the day 2 nd and Year aforesaid Charles Smith Clerk His Mark + M c Neil
We
hereby certify that we are well acquainted with Charles Sheld who has subscribed and sworn to the above Declaration that we believe him to be years of age that he is respected and beloved in the neighborhood where he resides than

a Soldier of the Revolution and that we concur in these opinions. Philemon Carter Sworn and Subscribed } Markes his X Petry the day & year aforesaid } monk Carlos P. Sevil Clerk
In the said Court do hereby declare their opinion after the investigation of the Matter and after putting the interrogatories presented by the War Department that that the above named Applicant was a Revolu- tionary Soldier and Service as he stated:
And the Court further certifies that Philemon Carter & Mark Petry who have signed the preceding certificates are residents of said Hanover Town, and that they are respected persons and that this statement is entitled to credit —
I Carlos P. Sevil Clerk of the Court of Common Pleas of the County of Lewis do hereby certify that the foregoing contains the original proceedings of the said Court in the matter of the application of Markes Shell for a Pension
In testimony whereof I have hereunto set my hand and seal of my office this Twentieth day of September One Thousand Eighty Nine and thirty two —

Rev. trans
14440 INVALID.
File No. 14,440
Marks Shell
Dis. Rev. var.
Act: June 1 st 32
Index:—Vol. 1 , Page 889
[Arrangement of 1870.]

13.288.
North Pole
1st June 1934

B R I E F objections to the admission of Pension Claims, of which those answered in the negative, in red ink, will apply to the claim of arks Shell 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 Length of each term of service must be definitely stated. 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, but has not signed it 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 - 2 citizens confirm traditional belief
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? No
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?
Has the proper officer certified to the official character and signature of the magistrate as the regulations direct?
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? Yes
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 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.
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.