Revolutionary War Pension and Bounty Land Warrant Application File S. 13374, Peter Herrington, Mass.

SERVICE
NUMBER
Mass
Herrington, Peter
S 13374
Scarded
CONTENTS

No. 20,359 New York
For Harrington of Cortland in the State of N. York who was a private in the Comp. commanded by Captain ... of the Reg. commanded by Col ... on the Mass line for ...
Inscribed on the Roll of New York at the rate of 23 Dollars 33 Cents per annum to commence on the 4th day of March, 1831.
Certificate of Pension issued the 30 day of Nov. 1833 and unto J. Emerson Trustee
Arrears to the 1st of Mar. '33 $ 46.66 Semi-ant. allowance ending 1st of Mar. '33 11.66 $ 58.33
{ Revolutionary Claim, Act June 7, 1832. }
Recorded by G. Leslie Clerk, Book E Vol. 4 Page 62
Do not agree susp. see letter Feb. 24. 1835 to P. Col. & J. Emerson 2 Sept '35. Do to J. Emerson error ap. 16. 1836. Suspension removed - see letters to J. Emerson & Col. Albany 11 May 36

14675
Peter Herrinton Courtland co New York
adm d
5. 6-11-14-16. 17 May 9 th 1833.
P. 385
Joseph Emerson Truxton New York
4. State his service, as directed in the form annexed.
   Resid. Duration of Service. Names of General and Field Officers under whom he served.      
5. In what business was he engaged?
6. Where did he reside when he entered the service?
7. In his statement submitted by him to witnesses, by him entitled "proof," by him furnished, set forth the material evidence, as by him told:
8. Are the papers defective as to form or substantiation, and if so, in what respect?
9. Can it be said that the foregoing statement and the answers agree with the evidence in the case above mentioned?

BRIEF in the case of  Peter Herrington  of  Cortland co  in the State of  New York  (Act 7th June, 1832.)
 1. Was the declaration made before a Court or a Judge? court  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. As a Gen.     Enlisted In 1776 time not stated Private Capt. Stinton, Col. Simons   enrolled 1779 About 2 Capt Blakeslee,   1780 1 Capt Cook  
 5. In what battles was he engaged? White Plains  6. Where did he reside when he entered the service? Ft Hancock, Massachusetts  2 Washington county, N.Y.  7. Is his statement supported by living witnesses, by documentary proof, by traditional evidence, by incidental evidence, or by the rolls? tradition and living witnesses  8. Are the papers defective as to form or authentication? and if so, in what respect? 
Not corrected as required
I Certify that the foregoing statement and the answers agree with the evidence in the case above mentioned.
J. B. Bradford.
Examining Clerk.

Peter Herrmann's account
140 75 ✓
abm d Ymopri $23.33

State of New York } ss Courtland County -
on this 3 d day of October 1782 personally appeared in open court before us the judges of the court of common pleas now sitting Peter Herrington of Franklin County & State aforesaid aged Seventy one years, who being first duly sworn according to Law doth on his oath make the following declaration in order to receive the benefit of the act of Congress passed June the 7 th 1832 — that he entered the service of the United States under the following named officers & served as herein after stated
That in the year 1776 he enlisted as a private into Captain Stevens Company Colonel Simons Regiment of the State of Massachusetts 11 He being at the time in the Town of Hancock in said State that he soon repaired to Cambridge in said State & there joined his company & Regiment from thence Marched for Throggs Point in the State of New York marched through Greenfield to Throggs Point where he remained for a short time from thence to White Plains that he was in the battle at that Place not long after the company was discharged & that he had no written discharge
That in the year 1779 he lived in the Town of Granville County of Washington State of New York being enrolled in the militia as a private in Capt Blakesleys Company of the same Town, about midwinter the Colonel's name, the Regiment was ordered out to go to White Plains that he went with it where he served according to the best of his recollection two months when he was dismissed without any written discharge
That in the year 1780 still living in Granville, was ordered with his company to keep guard at Granville Bridge near near Springs Mills, where he served about one month and in Capt Cooks Company & was discharged as before
29 That he was born in Killingsly in the State of Connecticut on the 4 th of March 1707 as near as he can recollect from what his parents told him — that since the Revolutionary War he lived in Granville a number of years

and now lives in Franklin County of Courtland & State of New York
That he has no documentary evidence of his service nor any one that can testify to them except Salomon Baker of Salem Courtland County State of New York That he hereby relinquishes every claim to a pension or annuity except the present & declares that his name is not on the pension roll of the agency of any state
That he is acquainted with John Miller & Babcock and many others in Franklin who he believes can testify as to his character for truth & veracity & of their belief of his having been a soldier in the Revolution Subscribed the day & year aforesaid Samuel Hotchkiss & Clerk Peter H. Herrington
we Timothy Crosby & Stephen Hedges of the town of Franklin County of Courtland do hereby certify that we are well acquainted with Peter Herrington who has subscribed & sworn to the above declaration that we believe him to be seventy one years of age that he is respected & believed in the neighborhood where he resides to have been a soldier of the Revolution & that we remain in that opinion Subscribed the day & year aforesaid Samuel Hotchkiss & Clerk Stephen H. Hedges Timothy Crosby
Conseq & the said do hereby declare their opinion after the investigation of the matter & after making the inquiries provided by the War department that the above named applicant was a soldier in the Revolutionary War & served as he states & the Court further certifies that it appears to them that Timothy Crosby & Stephen Hedges of Franklin in said County of Courtland who have signed the above certificate are residents of the P.O. town of Franklin & are credible persons & that their statement is entitled to credit William Mallery E. Hedges Andrew Dickson of Cortland Aaron Browne Comptroller Oliver Kingmace

State of New York Columbia County ss On the 1 st day of October 1832 personally appeared before me John H Ferguson Justice of the peace in and for said County Stephen Hedger of the town of P'keepsie County and State of New York and after being duly sworn according to Law deposes and saith that he has been personally acquainted with Peter Sherrinton for twenty five years past who is about to apply for a pension under the act of Congress passed June 7. 1832 that he believes him to be seventy one years of age that he has frequently heard him speak of being in the revolutionary war that he is respected & beloved in the neighbor- hood where he resides to have been a Soldier in the revolution & that he concurs in that opinion and that his character for veracity stands fair Sworn and Subscribed this 1 st day of October 1832 before me John H Ferguson Justice Stephen Hedger

I certify that I have been well and personally acquainted with the within named Stephen Hedges for about eighteen years past & that he has ever sustained a good moral character in the neighbor- hood where he resides both as respects honesty, truth and veracity
Princeton Oct. 1. 1832
John H. Ferguson (Sister)

State of New York Cattaraugus County 3 d Be it known that on the twenty eight day of September 1832 personally appeared before John H Ferguson one of the Justices of the peace in and for said County. Solomon Baker and made oath in due form of Law and says that he was well acquainted with Peter Hemenway and that he served with him in the year one thousand seven hundred and seventy six in the months of July August September and October or about that time in Captain Shattucks Company and Colonel Simons Regiment of the State of Massachu- setts and that we marched for Fairfield in Connecticut and from thence to White Plains and that we were in the battle at White Plains and that we served about four months at the time and that in the year one thousand seven hundred and seventy nine that he was in company with the said Peter Hemenway at White Hall in Captain Blakeleys Company in the fall of the year and that he served for two months at that time and that he the said Solomon Baker served as Ensign at the time and that in the year one thousand seven hundred and eighty that he the said Peter Hemenway served about one month at Grandville in the State of New York in Captain Cookes Company and for the says not sworn and subscribed this 28 th day Solomon Baker of September 1832 before me
John H Ferguson Justice of the peace
Baker was a stranger to the Subscriber
The reason I did not certify to the character of the above named Solomon Baker is that he is a perfect stranger to me and when he came before me and made the above affidavit he was introduced to me as Colonel Baker May 18. 1833
John H Ferguson Justice

I Samuel Hotchkiss Jr Clerk of the Court of Common Pleas in and for the county of Litchfield it being a court of record do hereby certify that the foregoing contains the original proceedings in the matter of the application of Peter Harrington for a pension Also that John Harrington Esq before whom the within affidavits of Stephen Hedges and Solomon Baker purport to have been sworn was at the date of the same a Justice of the Peace in the town of Stratton in said County duly qualified and sworn, and that I am acquainted with the handwriting of the said Justice and merely believe his name thereto subscribed to be his own proper handwriting & signature
Witness my hand & seal of office this 3 rd day of October A.D 1832
Samuel Hotchkiss Jr Clerk

Rev. Mr.
13374. INVALID.
am
File No. 13,374
Peter Herrington Prio. Rev. War.
Act: June 7 th 1832
Index: Vol. 1 , Page 170
[Arrangement of 1870.]

Peter Hermyter Deposition

State of New York Cattaraugus County 2 nd p.m. Be it Known That before me John H Ferguson a Justice of the peace in and for the county aforesaid personally appeared Peter Herrington & made oath in due form of Law that he is the identical person named in an original certificate in his possession of which I certify the following is a true Copy
War Department Revolutionary Claim
I certify that in conformity with the Law of the United States of the 7 th of June 1832 Peter Herrington of the state of New York who was a private in the Revolutionary Army is entitled to Receive Twenty three dollars & thirty three cents per annum during his natural life. com- mencing on the first of March 1831, and payable semi-annually on the 4 th of March and 4 th of September in every year
L.S.
Given at the War Office of the United States this 20 day of August One thousand eight hundred and thirty three
Examined and Counterigned
Levi Cag
Secretary at War
Geo W m Crump Acting Commissioner of Pensions That he is infirm and unable to write his name now and that heretofore when he made out his pension papers to draw his money he was unable to write & that he requested John H Ferguson the Justice before whom he made his affidavit to write his name for him & that the said Justice did write his name for him according to said request.
Sworn and subscribed before me } Peter his Herrington This 28 day of April 1836 } mark
John H Ferguson (Justice of the peace)

181 State of New York Cortland County ss. I certify that I have been personally acquainted with the within named Peter Herrington for the space of twenty years last past and that he is now old and infirm and unable to write his name. & that heretofore when he made out his papers to draw his Pension he made them out before me & that he requested me to write his name for him and that I did write it for him and that he then stated that he could not write his name on account of his infirmities. Given under my hand at Ithaca April 28. 1836 John H. Ferguson (Justice of the Peace)
State of New York County of Cortland ss. I Owen Simson Clerk of the County Courts of the County & State aforesaid do hereby certify that John N. Ferguson Esq. is a Justice of the Peace in and for the Town of Ithaca in said County duly elected and qualified that his term of office commenced on the 1st day of January AD 1834 & will expire on the last day of December AD 1837 — and that his signature above written is genuine In Witness whereof I have hereunto set my hand & the seal of said County this 2nd day of May 1836 O. ENDLIMSON CLERK per E. B. Thomas Deputy

State of N-York } For on this 17th day of May 1833 Courtland County } personally appeared before me the undersigned Justice of the peace in & for the said County Peter Herrington of Franklin County & State aforesaid & after being duly sworn according to Law the deposeth & saith that by reason of old age & the consequent loss of memory he cannot swear positively as to the precise length of time of his service but according to his best recollection not less than the period mentioned below & in the following grade, for Seven months I served as a Soldier & for such service I claim a pension  the the 3 months  very Clergymen in my vicinity had been here but about 3 months preaching & thinking he would not know any thing of my business did not call on him to sign a certificate intended with the words Three months before signed
Peter Herrington
Sworn and subscribed this 17th day of May 1833 before me
John H. Ferguson Justice of the peace
State of New York Courtland County Clerk's office } I Samuel Hotchkiss or Clerk of said County do do certify that John H. Ferguson Esq before whom the above affidavit purports to have been sworn, was at the date of the same a Justice of the Peace in said County duly Commissioned & sworn and that I am acquainted with his handwriting & truly believe his name to said affidavit subscribed to be his own proper handwriting & signature Witness my hand & seal of office May 21. 1833 Saml Hotchkiss D. Clerk

Peter Hennington
31 August 1835.
Pension Office
NY

Recd 30 Augt.
N.Y. to Troy 24 - August 1835
Sir Yours of the 18 th Inst. in reply to mine of the 3 rd is rec d . the name of the pensioner therein mentioned mentioned is Peter Herrington, who, informs me that his pension is suspended in your office & wishes to know the cause so that if in his power it may be removed —
I am Respectfully
Joseph Emerson
Lewis Cass Esq e Secretary of War Washington

6163
McKinney Hunt } from
Lewis Capt. Genl
Sec. War Washington
13 April 1836
Pension Office
Peter Harney My son
20353

Lowtown 5 th April 1883
Sir
The friends of Peter Herrington inform me (for he Peter knows but little of what is passing in this world) that his Pension is still suspended that he had again drawn for it; that the Papers are returned & that it is noted on them suspended in the War Department, that he made his mark & that the Magistrate officially certified that the reason was that he could not write by reason of old age & infirmity - now Sir it wished may be informed what farther is to be done that he may again receive his pension
Sir respectfully
Yours
Joseph Emerson
Lewis Cas Ely Sec y of War Washington

C 181 36 Ans. 11 May 36
9 May 1836 Pension Office
John Harrington M.P.

Lowester 3 rd of May 1836
Sir Yours of the 16 th April was duly rec d & in reply I forward you the Document herewith enclosed & hope it will be so far satisfactory as to reinstate Peter Herrington on the Pension roll; if however it should not corroborative testimony can be abundantly produced by the best characters in this County
Sir
Yours very respectfully
Joseph Emerson
Lewis Capt - 8 th Inf y Sect y of War Washington

14675
Peter Herrington N.Y.
5-6-11-14-16-17
Joseph Emerson Truxton N.Y.

BRIEF objections to the admission of Pension Claims, of which those answered in the negative, in red ink, will apply to the claim of
Peter Hamilton, of Courtland county, N.Y.  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? No 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

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 the clergyman in the vicinity has been here but about three months & supposed he knew nothing concerning my circumstances did not call on him also see P. Horingtons affidavit
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?
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? No he was estranged to the subscriber
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? No
XVII. Are the seven interrogatories prescribed by the War Department answered satisfactorily? And, from top in if not, which of them is not so answered? 1. 2. 3. 5. 7. for first see 29th line in p declaration & also for 2 d for 3 d see 11 th line for 5 th see Emersons affidavit
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.