Revolutionary War Pension and Bounty Land Warrant Application File S. 10822, Ephraim Herrick, New York

SERVICE
NUMBER
New York.
Herrick, Ephraim
S 10822
bearded
CONTENTS

20.656  New York  Ephraim Berrick of Dutchess in the State of New York who was a Private in the Coop. commanded by Captain Hamburg of the Regt commanded by Col. Roswell in the N.Y. 1st line for 8 M. 24 D
Inscribed on the Roll of New York at the rate of 29 Dollars 30 Cents per annum, to commence on the 4th day of March, 1831.
Certificate of Pension issued the 26 day of Sep.  W.P. and unto M. Berrick  Doughkeepsie
Arrears to the 4th of Sep. 33  $73.25 Semi-ant. allowance ending Apr. 24  14.65   $87.90
Revolutionary Claim, Act June 7, 1832.
Recorded by Job Stiles Clerk Book E Vol. 11 Page 91
my days of death

no 18424
Ephraim Herrick N.Y.
c.f.
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Henry D. Trauer clerk of Poughkeepsie Dutchess Co. New York

WAR DEPARTMENT,
Pension Office,
May 23 1833
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 subjoined notes, you will readily perceive that objections exist, which must be removed, before a pension can be allowed. The notes and the regulations will shew what is necessary to be done. Those 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, shewing the Service of Ephraim Herrick, of Dutchess Co. New York
   Period when the service was rendered Duration of the claimant's service. Rank of the claimant. Names and Rank of the Company officers under whom he served. Names 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. 1776 5 Private 1st Lieut. Simon Kirtland Lieut. Dennis 2nd Lieut. Ebenezer Capt. Jonathan Col. Graham Lieut. Col. R. R. Lieut. Col. R. R. Lieut. Col. R. R. 2nd March 2nd Sing Sing 1st King's Bridge 1st White Plains 1st Peekskill 1st Rhinebeck Town of P'keepsie Dutchess Co New York Age 74 Revolutionary Living Witness   Called out 1777 X White Plains   Frequently called out During the war Capt. Elijah Herrick  
X Service is not defined
I am, respectfully,
Your obedient servant,
J. L. EDWARDS, Commissioner of Pensions.
at White Plains Saw Genl Washington " " Genl Clinton " " Genl " " " " Genl Scott

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 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 (1) 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 he 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 [a] to [j] 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.

Ephraim Herrick
18424
✓

State of New York } Dutchess County }
on this twenty fourth day of October in the year one thousand eight hundred & thirty two personally appeared before me Stephen Thonn one of the Judges of the Court of Common pleas of the said County of Dutchess being a Court of Record of the State of New York Ephraim Herrick of the Town of Milan in said County of Dutchess aged twenty four years who being first duly sworn ac- -cording to Law, sath on his oath made the following Declaration in order to obtain the benefit of the act of Con- -gress passed June the 7th 1832
that he entered the Service of the United States under the following named officers and served as herein stated
he volunteered in a Company Commanded by Captain Peter Stauntenburgh he thinks the name of the first Lieutenant was Dennison The Second Lieutenant name was Ebenezer Matt he entered the Service as a volunteer on the first day of August 1876 by joining said Company at the Town of Clinton in Dutchess County where this Deponent then lived they then was marched to the North River at the Town of Rhinebeck in said County and there was put a Board of a Sloop & taken down the River to Sing Sing there landed as the British Shipping was in the River below at a place called Phi- -lips was marched from Sing Sing to Kings -bridge - joined Col. Graham's Regiment

Rosewell Hop kins was Lieutenant Col the Lay at Kings Bridge a few days then march ed two or three miles east Lay there till the United States Troops marched from York Island then joined the main Army and marched with them to a place called Dobb Ferry on the North River from there they marched to the White Plains where in the Battle at that place Can not say how long They were at the White Plains before the Battle but thinks an or two weeks after the British left the place there was marched to Peekskill & on duty at that place till the first day of January 1777 when he rec d his Discharge The General officers that he saw while at the White Plains were General Washington Generals Putnam George Clinton James Clinton and Scott and he further says that in the year 1777 he was called out in to the Service The militia was called out in mass at the time the British Shipping came up the north River & burnt Kingston then called Esopus was under the command of the before men- tioned Captain Peter Stuyvesant they were marched to Rhinebeck here to fore mentioned which is on the east side of the River opposite to Kingston they were marched up & saw al- ong the Bank of said River watching the movements of the British Can not now say how long he was keep in Service at that time is confident it was not less than four weeks and he further says that during the war he was a number of times called out

in to Service for Short Terms as there were frequent alarms in the said County of Dutchess by the Loies Rising and Committing Robberies and other Depredations upon the Inhabitants who were The friends of the Cause of the united States but from the Length of time he is not now able to say how many times he was called out and what Length of time he was in Service at each time but is able to say it could not be Shorter Six weeks the oppin he served under was the before named Captain Peter Stantenburgh except once & then he was called out under Captain Elijah Herrick who was the father of this Deponent he says he never received any written Discharge nor has he any written evidence of his Services & this Deponent further says he knows of no person now living by whom he can prove his Services in the war Except the Circumstances testified to by Zabias Stantenburgh James Tyler which is hereto inserted Says he was born in the Town of America in the County of Dutchess in the year 1758 he has a record of his age now in his pass- -port which he now produces he lived in the Town of Clinton when he entered in the War & continued to live there till the year 1785 when he moved to the Town now called Milan then called North East which is adjoining the Town of Clinton and ab- -out one mile distant from the place he formerly lived in said Town of Clinton & has continued to live there ever since and he states the names of Alner Loies who is a Clergyman Zabias Stantenburgh

Amos Simmons James Lillie & George Cookin have to whom he is known & reside in his present neighborhood who can testify as to his character for veracity and their belief of his services as a Soldier of the Revolution
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
Ephraim Herrick
Sworn & Subscribed the Day & year aforesaid before Stephen Thorne Judge. or

State of New York Dutchess County } on this twenty fourth Day of Attest in the year one thousand
and Eight hundred and thirty two personally appeared before Stephen Thorne one of the Judges of the Court of Common Pleas in and for the County of Dutchess & State upon said being a Court of Record Tobias Stantenburgh of the Town of Clinton in said County of Dutchess aged Sixty Seven years who being first duly sworn according to Law doth on his oath say that he is well known to Ephraim Harkness who has made the De- claration in order to obtain the benefit of the act of Congress passed June 7th 1832 and which is annexed has resided within two miles of the said Harkness for more than Sixty years and this Deponent say he well remembers that Peter Stantenburgh mentioned in the said Declaration of said Ephraim Harkness as the Captain he served under in the Revolution he was the father of this Deponent he knows that he very frequently left home with his company or some part of them for the purpose of going in to the Service of the United States has often heard his father say that he was in the Battle at the White Plains he further says that he knows his father turned out at the time the British came up the North River & burnt Kingston & has no doubt in his mind but that said Ephraim Harkness was with his father at the time of the Battle at the White Plains & that he also was with him at the time Kingston was burnt and other

times during the Revolution we were Rebels that there was frequently alarm of the Loyal Commuting Rebels and knows his father often on these alarms sent his Depo- -ment to inform me Mr. Herrick & that he did turn out on these times but can not state now how many times or what length of time they were out
Isaac Houtenbrough
Sworn & Subscribed this Day & year above said
before Stephen Thorne Judge etc
We the undersigned a Clergyman residing in the Town of Milan in the County of Dutchess and Elias Houtenbrough of the Town of Clinton in the said County of Dutchess hereby certify that we are well acquainted with Ephraim Herrick who has Subscribed & sworn to the foregoing Decla- -ration that we believe him to be twenty four years of age that he is reputed and believed in the neighborhood where he resides to have been a Soldier of the Revolution and are confirmed in that opinion and that his character for truth and veracity is good
Sworn & Subscribed this 24 th Day of October 1832
before Stephen Thorne Judge etc
Almon Jones
Isaac Houtenbrough

State of New York Dutchess County ss
on this twenty fourth day of October in the year one thousand eight hundred and thirty two personally appeared before Stephen Thom one of the Judges of the Court of Common Pleas in and for the said County of Dutchess James Allen aged Sixty five years who being first duly sworn according to Law to oath on his oath say that he is well acquainted with Eph- raim Herrick who has Subpoena & sworn to the foregoing declaration & have lived in the same neighborhood with him from my infancy so believe him to be twenty four years of age and so believe that he was a soldier of the Revolution from the following circumstances I do know that Capt. Peter Stuyvesant Did raise a Company of Volunteers in the year 1776 & that said Ephraim Herrick was one of said Company they left the Town of Clinton & went as was said to New York City or near there and they returned home some time in winter following & was at that time said. They were in the Battle at the White Plains in the County of Westchester and all with I do believe to be true and further I do know that the time the British shipping came up the North River and burnt Esopus now called Kingston that the said Ephraim Herrick turned out with said Captain St- uyvesant's Company & was out on duty for some time and I also know of his turning out a number of times on alarms when the

Zarius had acquainted together to make & find in different neighborhoods but can not say how often & what length of time he was out an Service and I can testify to the character of the said Ephraim Harkness for truth and veracity to be good James Miller
Sworn & Subscribed the Day & year above said before Stephen Thorne Judge &c
And I the said Stephen Thorne do hereby del- -are my opinion after the investigation of the matter and after putting the interrogatories pre- -scribed by the War Department that the above named applicant was a revolutionary soldier and friend as he states and I further certify that I know that Abner Jones who has signed the preceding Certificate is a clergyman residing in the Town of Milan & that Zarius Stanton who who has also signed the same is a President of the Town of Clinton and is a credible person & that their statements is entitled to Credit.
And I further certify that I resided in the same neighborhood where the said applicant now resides & that I am well acquainted with him & have been for more than forty years and can add that it has always been reported and believed in the neighborhood that he was a soldier in the Revolution & further certify that the said applicant can not from bodily infirmity attend the Court Stephen Thorne one of the Judges of the Court of Common Pleas &c

State of New York Dutchess County ss:
I Henry J. Traver Clerk of said County do hereby Certify that Stephen Thorne Esquire before whom the annexed declaration and examinations were made was at the time of taking the same a Judge of the Court of Common Pleas of said County being a Court of Record & having a Clerk and Seal - And that I am well acquainted with the hand writing of the said Judge and justly believe that the signature annexed to the said declaration and examinations is his genuine signature. - In testimony whereof I have hereunto set my hand under my Seal of Office this fourteenth day of November A.D. one thousand Eight hundred and thirty two.
Henry J. Traver Clerk

State of New York } ss Dutchess County }
Personally appeared before me the undersigned a Judge of the Court of Common Pleas of Dutchess County Ephraim Herrick who being duly sworn deposeth and saith that by reason of old age and the consequent loss of memory he can not 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 & in the following grades. For five months as a private (in 1776) of which I am confident. For one month as a private (in 1777). At the time Esopus was burnt by the British. For six weeks at three differ- ent times as a private in the years 1777 and 1778.
Sworn and subscribed before me this 13 th day of June A.D. 1833
Ephraim Herrick
Stephen Thorne one of the Judges of the Court of Common Pleas of Dutchess County
And so hereby Certify that Iacob Stantenhuys and James Teller who have made oath of their knowledge of the Service of the said Ephraim Herrick in the Revolution & which is annexed to his Declaration are Credible persons and their affidavits are entitled to truth being well known to me
Stephen Thorne Judge
June 13 th 1833

State of New York } County of Dutchess } ss I Henry J. Framer Clerk, of the County of Dutchess and as such, Clerk of the Court of Common Pleas of said County, being a Court of Record having a Clerk and Seal do certify that Stephen Thoms Esquire before whom the preceding affidavit was taken and whose name is subscribed to the same and subscribed to the preceding Certificate was at the time of taking such affidavit and at the date of said Certificate a Judge of the said Court and further that I am well acquainted with the handwriting of said Judge and verily believe that his name subscribed to the said affidavit and Certificate are the genuine sig- natures of the said Judge
In testimony whereof, I have hereunto subscribed my name and affixed the seal of the said Court the fifteenth day of June A.D. one thousand eight hundred and thirty three
Henry J. Framer Clerk
Henry J. Framer Clerk

Rev War
10822 INVALID.
File No. 10,822
Ephraim Herrick Rev War
Act: June 7 th 1832
Index:—Vol. A , Page 170
[Arrangement of 1870.]