Revolutionary War Pension and Bounty Land Warrant Application File S. 5504, Daniel Herrick, New York

SERVICE
NUMBER
New York
Herrick, Daniel
S 5504
carded
CONTENTS

Date of death not on A.B - J.L.L.
12566 New York
Daniel Herrick
Delaware Co. in the State of N. York who was a Pirate in the Camp commanded by Captain Van Nyp of the Regt. commanded by Col. Willett in the N. York line for 13 months
Inscribed on the Roll of New York at the rate of 43 Dollars 33 Cents per annum, to commence on the 4th day of March, 1831.
Certificate of Pension issued the 1 st day of June 1833 - and Rev. Mr. A. Douglass Franklin
Arrears to the 4th of Mar: '33 $86.66 Semi-ant. allowance ending 4th '33 21.66 $108.32
Revolutionary Claim, Act June 7, 1832. Q. C. H. Clerk
Recorded by Book E. Vol. 4 Page 67

22 878
Daniel Herrick Delaware Co. New York
admitted.
13 mo. Private.
Anns - Douglas Franklin Delaware Co. N. York

WAR DEPARTMENT,
Pension Office,
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 subjuncted 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 Daniel Henrick Schawar & Co.
N. 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.     Enlisted 1778 recd - 1778 4 for. Capt. Vase Lieut. - — N. York 70 Hudson hook   1781 9 " Capt. White Col. Mills et — Albany Co N. York Traditionary   1 1  
I am, respectfully,
Your obedient servant,
J. L. EDWARDS, Commissioner of Pensions.

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 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 _____ of the Court of _____ 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 (l) 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 the 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 [c] 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.
R. Newman Clerk

State of New York
Delaware County ss: On this twenty fourth day of January in the year of our Lord one thousand eight hundred and thirty three personally appeared before the undersigned Amos Douglass one of the Judges of the Court of Common Pleas of the County of Delaware in the State of New York, being a Court of record constituted and declared by the Acts of the Legislature of the State of New York: Daniel Herrick a resident in the town of Davenport in the County of Delaware and State of New York aged seventy 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 th 1832.
That he entered the service of the United States under the following named Officers and served as herein stated.
He enlisted in the spring season, the month he does not recollect, in the year one thousand seven hundred and seventy eight, in the town of Reindeerhook, in the then County of Albany, but now in the County of Columbia and State of New York, as a volunteer into a company commanded by Captain Van Nep, whose Christian name he does not recollect, for the term of four months, and immediately after the enlistment, the company marched to the City of Albany and were stationed there for a short time, but were not attached to any regiment. And then the said company, under the command of Captain Van Nep, escorted, some prisoners of war who were taken at the surrender of General Burgoyne, from Albany to Hartford, in Connecticut, and then returned to Albany, and after the company returned to Albany, we were stationed to guard the arsenal, where the cannon, guns, powder, and military stores were deposited, and at the expiration of our term of service, the company were discharged by said Captain Van Nep, but did not receive any written discharge. The company was not attached to any regiment or any other company. This deponent does not recollect the name of any other Officer of said company beside the Captain.
That he enlisted, in the spring season, the month he does not recollect, in the year one thousand seven hundred and eighty one, in the town of Reindeerhook, in the then County of Albany.

but now in the county of Columbia and State of New York, as a volunteer, for the term of nine months, into a company commanded by Captain Stephen White, first Lieutenant John Thornton and second Lieutenant Mores, in the militia of the State of New York. And after the enlistment, the company marched to Ballston, now in the county of Saratoga and State of New York, and were stationed there to guard and defend the place against attacks by the British or Indians &c until the fall season, when the company marched to Fort Plain in the county of Montgomery, on the Mohawk river and was united with a company, which was stationed there to defend that place, in the regiment commanded by Colonel Marinus Willet. And having heard, that the Indians, had attacked or were preparing to attack Fort Herkimer, we marched to Fort Herkimer to defend it, and the Indians not being at that place we returned to Fort Plain. And then having received information, that the Indians and British were at Johnston in Montgomery county we marched to that place, and the day before we arrived at Johnstown, there had been a battle between the Americans and British and Indians, in which the Americans were victorious and we then returned to Fort Herkimer, on the Mohawk River, in the month of October or November, and at Fort Herkimer two soldiers out of every company in Colonel Marinus Willet's regiment were detached and were united with the continental army, at that place and this deponent was one of the soldiers so detached, but does not recollect the names of the Officers who commanded the company to which he was attached or officers of the regiment. And then the army pursued the British and Indians to Canadaga Creek near the Mohawk River and there had a battle with them, where Captain Butcher of the British army and nine Indians were killed, and the enemy was defeated, and then we returned to Fort Plain. And in the latter part of the fall or forepart of the winter season, just before the nine months service, for which he enlisted, had expired, this deponent, on account of feeble health, was discharged by Colonel Marinus Willet, and the commanding Officer but did receive any written discharge.

And this Deponent further says, that he has not any documentary evidence of his service and that he does not know of any person whose testimony he can procure, who can testify to his service.
And in answer to the interrogatories, put by the said Judge this Deponent says that he was born in the said town of Kinderhook in the then County of Albany, but now in the County of Columbia and State of New York in the year one thousand seven hundred and sixty two, in the month of April, and that he has not any record of his age, only the traditional information of his parents and relatives which he believes to be correct. And that he lived in said town of Kinderhook, when he enlisted into the service as above mentioned, and about a year after the war he moved into Schoharie, in the then County of Albany but now in the County of Rensselaer and lived there about two years, and he then moved into Albany County on the west side of the Hudson River and lived there about five years, he then moved into the town of Harspertsfield in said County of Delaware and lived there about twenty five years he then moved into said town of Davenport and has lived there about fifteen years, where he now resides. That he enlisted into said service as a volunteer, and that he does not recollect the names of any continental or militia officers besides those above mentioned, and that he did not receive any written discharge from the service. And that Daniel B. Lampbell and Charles Spoor -- of the town of Davenport in said County of Delaware, are and have been well acquainted with this deponent, as much as twelve years past and who can testify as to the character of this Deponent 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 roll of the agency of any State. Daniel his Mark. Sworn to and subscribed the day and year aforesaid before me Amos Douglass, Judge of Court of Common Pleas of Delaware County.

State of New York
Delaware county p: We Daniel R Campbell and Charles Spoon residing in the town of Davenport in the county of Delaware and State of New York, hereby certify, that we are and have been for twelve years past, well acquainted with Daniel Herrick who has subscribed and sworn to the above declaration: that we believe him to be seventy years of age; that he is respected and believed, in the neighborhood where he resides, to have been a soldier of the revolution and that we concur in that opinion.
Sworn to and subscribed the 24 th day of January 1833 before Amos Douglass, Judge of court = of common Pleas of Delaware county
Daniel R Campbell Charles Spoon
State of New York
Delaware county p: We Daniel R Campbell and Charles Spoon residing in the town of Davenport in the county of Delaware and State of New York, hereby certify, that we are well acquainted with Daniel Herrick who has subscribed and sworn to the annexed declaration, that he is now and has been, for some time past in very feeble health and we believe, that he cannot, from bodily infirmity, attend court, in order to make his declaration.
Sworn to and subscribed the 24 th day of January 1833 before me Amos Douglass, Judge of court of = common Pleas of Delaware county
Daniel R Campbell Charles Spoon

And I Amos Douglass one of the Judges of the Court of Common Pleas of the said County of Delaware, being a Court of record, do hereby declare my 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 I further certify, that it appears to me, that Daniel R Campbell and Charles Spoor, who have signed the annexed certificates are residents in the town of Davenport in said County of Delaware and are credible persons and that their statement is entitled to credit, and I also certify, that from credible testimony and from my own enquiries and examination, I do believe that said applicant is in very feeble health and that he cannot from bodily infirmity, attend the Court, in order to make his declaration. In witness whereof, I have hereunto subscribed my name, the twenty fourth day of January, in the year one thousand eight hundred and thirty three.
Amos Douglass. Judge of the Court of Common Pleas of the County of Delaware
And I Amos Douglass the said Judge do further certify that I have resided in the town of Franklin adjoining said town of Davenport for more than twenty years past, and that I believe from my own enquiries and knowledge, that no Clergyman has ever been settled in said town of Davenport and that no one has ever resided there more than one or two years at a time and then only on hire for a year and that the Clergyman, who now preaches there, has lately come into that place &c. Dated January 25 th 1833
Amos Douglass. Judge &c of County of Delaware

State of New York
County of Delaware ss.
I, G. B. Sheldon Clerk of the Court of Common Pleas in and for the County of Delaware Do hereby certify that the Hon. Amos Douglass, before whom the annexed affidavits purport to have been sworn and the person who executed the foregoing Certificate was at the date of the same one of the Judges of the Court of Common Pleas in and for the said County. (it being a Court of Records) and that I am well acquainted with the hand writing of the said Judge and verily believe his name subscribed to the said affidavits and the Certificate to be his proper hand writing and Signature. In testimony whereof I have hereunto set my hand and affixed the Seal of the said Court
this ninth day of February 1833.
G. B. Sheldon Clerk.
Daniel Henrick
22878

September 26, 1932.
Jennie S. Poole Wing R. D. #2 Ludington Michigan.
BA-J/ILL Daniel Herrick S. 5504
Dear Madam:
Reference is made to your letter in which you request the record of Daniel Herrick, a Revolutionary War pensioner.
The date furnished herein are obtained from the papers on file in pension claim, S. 5504, based upon the service of Daniel Herrick in that war.
Daniel Herrick was born in the month of April, 1762, in Kinderhook, Albany County (later Columbia County), New York; the names of his parents are not stated.
While a resident of Kinderhook, New York, he volunteered in the spring of 1778 and served four months as private in Captain Nass Ness' New York Company, engaged in conducting prisoners from Albany to Hartford, Connecticut; he enlisted in the spring of 1781, served about nine months in Captain Stephen White's Company, Colonel Marinus Willett's New York Regiment, was on expeditions against the Indians in the vicinity of Fort Herkimer and Johnstown and in the battle of Canada Creek.
About a year after the war, the soldier moved to Schoharie, Albany (later Rensselaer County), New York, where he resided about two years, then moved to Albany County on the west side of the Hudson River and resided about five years, from there moved to Harsfield, Delaware County, New York, and lived there about twenty-five years, after which he moved to Davenport in said Delaware County.
He was allowed pension on his application executed January 24, 1833, at which time he resided in Davenport, Delaware County, New York. There are no data as to family.
Very truly yours,
A. D. HILLER, Assistant to Administrator.

1932 - Sept. 26 - Hist. to Jennie S. Poole Wing - S.L.L.
Rev May Martha 5504 INVALID.
File No. 5504
Daniel Herrick Pris Rev War
Act: June 1 st 82
Index: — Vol. M , Page 168
[Arrangement of 1870.]

R.D. #2 Ludington, Michigan.
September 12, 1932.
Commissioner of Pensions,
Dept. of the Interior, Washington, D.C.
Dear Sir:-
In order to establish a missing link in our family genealogy, it is essential that we ascertain the approximate date of death of an ancestor by the name of Daniel Herrick (Hark), Revolutionary soldier, enlisted man, with the 11th. Regiment, Coxsackie Co., N.Y. This soldier received a pension from the government and if we can learn the date when the government paid his last  pension , such date will satisfy the requirements.
His place of residence during the Revolutionary War was Kinderhook District Columbia County, New York.
In tracing these records we find Daniel Herrick's name spelled variously: Hark, Harik and Herrick.
Thanking you for your kind assistance in this matter and assuring you of our willingness to pay any expense involved in searching these records,
Very truly,
Jennie S. Poole Wing