Morrison's Pensions
Pension Application for Jacob J. Failing
W.21092
State of New York
Montgomery County SS.
On this 12th
day of March A. D. 1833 personally appeared in Open Court before the Judges of
the Court of Common Pleas in & for said County, now sitting, Jacob J. Failing
a resident of the Town of Oppenheim in the County & State aforesaid aged
seventy one years sometime in the month of April 1832 according to his information,
who being first duly sworn according to Law does on his oath make the following
declaration in order to obtain the benefit of the act of Congress passed June
7, 1832, that he entered the service of the United States in the revolutionary
war in the militia of said State under the following named officers & served
as herein stated—that by reason of his age & the consequent loss of
his memory he cannot swear positively as to the precise length of his services
herein after mentioned but states the said services according to the best of
his recollection-viz-That he was drafted as a private soldier on the first day
of June 1777 in the company whereof Christian House was Capt, John Bellinger
Lieut, John Timmerman 2d Lieut, Henry Timmerman Ensign, in the Regt whereof Jacob
Klock was Col., Peter Waggoner Lieut Col., Anthony Van Alstine Adjt—That
he served as such soldier from the first day of June 1777 aforesaid to the
tenth day of June 1777 for ten days—That said ten days services were rendered
as follows, that he & about twenty others of said Company were ordered to
go to Albany & bring some ammunition as powder & lead to the house of
Col. Jacob Klock in the then Town of Palatine—That they did go to Albany,
procured ammunition that the same was put on wagons at Albany & that they
as a guard accompanied said wagons loaded with ammunition as aforesaid from Albany
to the said Col. Klock’s house—that when he was so drafted as aforesaid
he resided in the then Town of Palatine in the County & State aforesaid. That
he does not recollect the names of any of the other company or field officers. That
said company of Capt House belonged to the infantry.—that under the
orders as he understood, of Col. Klock the aforesaid services were rendered.—
That on the
first day of August 1777 he was a private soldier & ordered out then by the
officers of his company & same time entered as such soldier the service again
in the company whereof said Christian House was Capt, Jno Bellinger Lieut., John
Timmerman a Lieut., Henry Timmerman Ensign, in the Regt of infantry whereof Jacob
Klock was Col. under the Command of General Nicholas Herkimer & served in
said company from first day of August 1776 to ninth day of August 1777 for nine
days as a private soldier—That during said nine days service he & the
company & Regt to which he belonged under the command of said Genl. Herkimer
were marched to Fort Dayton in the now County of Herkimer—thence to Fall
Hill—thence to the Oriskany on their way to relieve Fort Stanwix then besieged
by the British, Indians & Tories as was said—that after marching about
four miles from Oriskany to the way to Fort Stanwix the militia under Genl Herkimer
were attacked about 10 o’clock & all (as he believes) by a party of
Indians & Tories on or about the 6th day of August 1777. That he was
engaged in the said battle called the “Oriskany Battle”--& that
he was not over three yards from Genl Herkimer when the said Genl Herkimer was
wounded—that his Ensign Henry Timmerman was wounded in said battle & that
he & three other men of the company carried the said Henry Timmerman after
the battle to Oriskany where they remained that night & next day went to
the German Flatts & returned home ninth day of August 1777 according to his
recollection—That some delay on their way to Fort Stanwix was caused by
some of the militia not coming in as soon as expected to join the troops—that
when he entered last mentioned tour of service he resided in the then Town of
Palatine in the County & State aforesaid.
That he as
a private soldier was ordered into service again on the third day of September
1777 into the company whereof Nicholas Retchter was Capt., John Scholl Lieut,
in the Regt whereof Jacob Klock was Col.—that the said company to which
he then belonged marched on said third day of September 1777 from Palatine—proceeded
to Schenectady—thence to Niskauna [Niskayuna] thence to Still Water—That
about or near Still-Water he saw a great body of American troops—that he
saw Genl Gates at Still Water—that a few days before the Surrender of Genl
Burgoyne that said company to which he belonged was discharged & sais company
returned home, which was on the thirteenth day of October 1777 according to his
recollection—that he served as such soldier from said third day of September
A.D. 1777 to at least the thirteenth day of October 1777 for one month & ten
days as aforesaid—that when he entered said last mentioned company on said
tour he resided in the Town of Palatine in the County & State aforesaid.
That he was
ordered out [blot] private soldier by the officers of the Company on the sixth
day of April 1778 into the militia company of infantry whereof Christian House
was Capt, John Timmerman was Lieut. in the Regt whereof Jacob Klock was
Col.—That on said last mentioned day the said company proceeded to a place
called “Snell’s Bush” in that now County of Herkimer & that
said Company returned home & were discharged on the 14th day of April 1778. That
he served as a private as aforesaid from 6th April 1778 to 14th April 1778
for eight
days—that when he entered said company on said last mentioned tour
of duty he resided in the then Town of Palatine in the County & State aforesaid—that
they were on a scout ranging the country on account of an alarm from Indians & Tories
during said tour of Service.—
That he
served as a private soldier in the Company of infantry whereof Christian House
was Capt., John Timmerman was Lieut. in the Regt whereof Jacob Klock was Col.
from the fifteenth day of September A.D. 1778 to twenty ninth day of September
1778 for fourteen
days—that he was ordered by the officers of his company into this service—that
when he entered said last mentioned service he resided in the then Town of Palatine
in the County & State aforesaid—that said Company was marched to a
place or small fort called [blot] fort in the now County of Herkimer—that
[?] guard of about fifteen men out of said company were Stationed at said Fort,
of which number he was one & were discharged after serving fourteen
days as aforesaid.—
That he was
ordered out by his officers into the service again on the 10th day of November
1778—same time entered the service in the company of infantry whereof Christian
House was Capt, John Timmerman (he thinks) was Lieut. in the Regt whereof
Jacob Klock was Col.—that according to his recollection the whole Regt
went –that said Regt marched to Bowman’s Creek—thence to Cherry
Valley—where they found that place destroyed & the citizens murdered
by the Indians & Tories—He saw a Mr. Mitchell family among others,
that had been inhumanly murdered—that Mr. Mitchell himself brot his murdered
family to a Fort in Cherry Valley the name of which he cannot recollect—That
they remained sometime in Cherry Valley--& returned home the 21st of Novr
1778.—That on said last tour of service, he served also as a private
soldier from the said 10th day of Novr 1778 to the 21st day of same month
for eleven
days—that at Cherry Valley the solider assisted the inhabitants, among
other things, to bury their dead &--That when he entered on said mentioned
tour of service he resided in Palatine in the County & State aforesaid. That
as a private solider he was ordered out by the officers of his company on the
twenty eight the day of November 1778 whereof Christian House was Capt, John
Timmerman was Lieut. in the Regt whereof Jacob Klock was Col.—Same
day marched in said Company to “Fort Plank” where he & others
of said company were placed to guard the Fort, --that he remained at said Fort
until the fourteenth day of December following when they were dismissed & returned
home & that he served at Fort Plank at least fourteen days. That
when he entered last mentioned service he resided in then Town of Palatine County & State
aforesaid--& that he served as aforesaid as a private from 28th Novr.
1778 to 14th Decr 1778.
That he was
again ordered out into the service by orders of the officers of the company to
which he belonged as a private soldier, whereof Christian House was Capt, John
Timmerman was Lieut. in the Regt whereof Jacob Klock was Col. on the fifth
day of April 1779 that same time said company was marched to Stone Arabia in
the Town of Palatine & were stationed there until nineteenth day of same
month when they returned home—that he served during said time from
5th day of April 1779 to 19 April 1779 for fourteen days as a private—that
when he entered last mentioned tour of service he resided in the then Town of
Palatine in the County & State aforesaid.—
That he was
drafted as a private soldier & served as such on the third day of May A.
A. 1779 in the company whereof Christian House was Capt, John Timmerman was Lieut.
in the Regt whereof Jacob Klock was Col. & on same day said Company
or those drafted out of said company marched to Remer-Snyders’ Bush to
which company he belonged—that they remained at Remer-Snyders’ Bush &b
were stationed there principally until the ninth day of same month when they
returned—that he served as a private during said last mentioned tour of
service & served from said third day of May 1779 to said ninth day of
May 1779 for six days at least—that when he entered last mentioned service
he also resided in the then Town of Palatine County & State aforesaid—that
at said Remersnyder’s bush a W. Ough Was murdered by the Indians & Tories & whom
he saw.—That he was ordered into service again on the fifteenth day of
June 1779. On his officers in the company whereof Christian House was Capt,
John Timmerman was Lieut. in the Regt whereof Jacob Klock was Col.—That
the whole Regt served some time & that Jacob Eacker acted as a major--& same
day said company to which he belonged proceeded to German Flatts to Fort Dayton & that
he served as a private Soldier on said tour of service in said Company & Regt from
15 June 1779 to 23d June 1779 for eight days – that on said last
mentioned day they were dismissed & returned home—that when he entered
on last mentioned tour of service he resided in the then Town of Palatine, County & State
aforesaid.
That on the
15th July 1779, he was again ordered by his officers into service in the company
whereof Christian House was Capt, John Timmerman was Lieut. in the Regt whereof
Jacob Klock was Col. & on same day he & said company were marched to
the Palatine Stone Church on the Mohawk Turnpike road & remained there some
days & were dismissed on the 23d day of same month & returned home—that
he served on said tour as a private soldier from said 15 July 1779 to said
23d day of July 1779 for at least seven days – that the Regt was not
on said tour of service but only said Company. That when he entered on
said last mentioned tour of service he resided in the then Town of Palatine,
County & State aforesaid.
That he was
by his officers ordered into service on the Second day of September 1779 in the
company whereof Christian House was Capt, John Timmerman was Lieut. in the Regt whereof
Jacob Klock was Col. & same day the said Capt House & a part only of
his company of whom he was one marched to Dillenborough [Tilloborough] So called
in the Town of Ephratah in County of Montgomery—that when they arrived
at said place, they found some of the Inhabitants had been murdered by the Indians & Tories & were
dismissed on the seventh day of the same month & returned home—That
he served as a private soldier on this tour of Service from 2d Sept 1779
to 7th Sept 1779 for five days—that he resided also in the then Town of
Palatine, County & State aforesaid.
That he was
drafted as a private as near as he can recollect on the sixteenth day of September
1779 in the company whereof Christian House was Capt in the Regt whereof Jacob
Klock was Col. & John Timmerman was Lieut. in said company belonging to the
infantry—That he & about fourteen men out of said company were drafted
and said deponent went as orderly sergeant commanded him & took those that
were drafted as aforesaid—the same of said orderly Sergeant he cannot recollect—that
they were marched to Stonearabia to guard “Fort Loucks” in Palatine—that
they were Stationed at Fort Loucks only about six days &b were dismissed & returned
home on the 22d day of same month—That he served as a private soldier
on said last mentioned tour of service from 16th day of Sept 1779 to said
22d day of Sept 1779 for six days – That when he entered the said mentioned
tour of duty he resided in the then Town of Palatine, County & State
aforesaid.
That he entered
the Service again on the Second day of May 1817 in the company whereof Adam Lipe
was Capt, Jacob Mertace was an officer in said Company he thinks, in the Regt
whereof Marinus Willett was Col. as he supposes from the fact that said Willett
commanded the troops to which he belonged at Fort Plain then called commonly
Fort Plain & Robert McKean officiated & was called a major—that
he saw Capt Lawrence Gros at said Fort—that the said Lipe’ Company
in which he served as a private was stationed at Fort Plain principally while
he served in it—cannot say positively whether he was drafted, ordered by
the officers, or volunteered into the said last mentioned service—That
he [?] to the said Fort believing himself safer there than elsewhere--& according
to his recollection he was ordered into the Service by Col. Willett under said
Lipe’ Company—that he accordingly served in said company from
said 2d day of May 1781 as a private to the 20th August 1781 according to
his recollection for three months & fifteen days at least—That the principal
part of the troops at Fort Plain during the last mentioned Service marched to
Turlock & where they the trips had an engagement with a party of Tories & Indians –that
he was not in said engagement or battle—but that Col. Willett ordered him
to stay in Fort Plain together with others to guard said Fort in the absence
of the other troops, who were to marched to Turlock—that he consequently
remained in said Fort—that Major McKean was wounded as was said in the
said battle of which wound he died--& further says that during said last
mentioned services he was one time sent with seven others from Fort Plain to
Fort Timmerman a small Fort so called in the said then Town of Palatine now Town
of Oppenheim & while in said Fort Timmerman a small party of Indians & Tories
attacked the Fort but were repelled.—
That he again
entered the service on the 23d of August 1781 according to his recollection in
the company whereof Christian House was Capt, John Timmerman was Ensign in the
Regt of Jacob Klock was Col. thereof & that he then entered said Company
as a private service as such that Co. Willet and the forces under his command
after the battle at Johnson Hall & the thinks, the day after said battle
in the pursuit of the enemy under Major Ross came into the neighborhood where
he resided & then was when Capt House’ Company were ordered into Service & that
he & the said Company on same day joined Col. Willett’ troops & proceeded
with Said Col. Willett after Major Ross who it was said commanded the British
forces—that they marched to Fort Herkimer under Col. Willett & there
got some provisions & continued the pursuit after Major Ross—that from
Fort Herkimer they marched through the woods & came to where Walter Butler
was shot on the West Canada Creek—That he saw Butler after he was shot—That
Col. Willett still continued the pursuit about eight miles according to his estimation
beyond where Butler was killed—That night coming on & being nearly
out of provisions, they remained over night--& next morning Col. Willett
gave up the pursuit & returned. That the friendly Indians in the United
States Service were in advance of Col. Willett’s men & attacked the
rear guard of Ross’ men & he understood that the American Indians took
some prisoners in the pursuit. That he served on said last mentioned
tour of service from said 23d of August 1781 to 28th of August 1781 for five days as
a private soldier—that on said 19th day of August he returned home—that
when he entered the said last mentioned tour of service, he resided in the then
Town of Palatine, County & State aforesaid--& that for the aforesaid
several tours of service detailed by him according to the best of his recollection,
he claims a pension & that he has no documentary evidence & the only
person he knows whose testimony he can procure & who can testify to his services
or some part thereof are John I. Failing & Henry Flander—that he hereby
relinquishes his every claim whatever 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 never in his recollection rec’d any thing more than a verbal discharge
from service--& that if he did the same has been lost—That he rendered
service besides those detailed herein by him, but cannot recollect enough thereof
to comply with the regulations of the deponent & for which he cannot expect
to be allowed on account of the defect of his memory to detail the same--& in
answer to the interrogatories presented by the War Department he says—that
he was born in the then Town of Palatine, county of Tryon & State aforesaid
and now Town of Oppenheim County of Montgomery & State aforesaid on the 27th
day of April 1761? According to his information & the belief that he has
no other record of his age than this that his age is written in the family
bible in his possession—That he lived in the then Town of Palatine County
of Tryon now Town of Oppenhiem, County of Montgomery & State of New York
when called into the service—That since the revolutionary war he has resided
in same Town & County aforesaid & resides in same place—That he
cannot positively swear but according to his recollection that he was sometimes
drafted & sometimes ordered by his officers into the Service—That he
has heretofore stated all the manes of the officers he can recollect--& the
general circumstances of his service & such continental & militia officers & Regiments
he could recollect he has herein before stated as fully as he could recollect—does
not know that he ever recd any other than a verbal discharge from service--& that
he is known in the neighborhood to John J., Failing &b Henry Flander & who
can testify as to his character for veracity & their belief of his services
as a soldier of the revolution & further says not. (Signed) Jacob
J. Failing
Sworn & subscribed
to this 12th day of March A.D. 1833 before me in Open Court—Geo: D.
Ferguson, Clerk
State of New York, Montgomery County SS. On this 12th day of March A.D. 1833
personally appeared in Open Court before the Judges of said Court now sitting
John J. Failing & Henry Flander both residents of the Town of Oppenheim in
said County who being severally sworn according to law & the said John J.
Failing on his said oath says in Open Court that according to the information
of his father which he believes correct he was born in the Year 1766 or 1765
which year he cannot positively swear—that he resided with his father during
the revolutionary war except about one year and a half to particularize the date
of the said was when he was a prisoner of war—that Jacob J. Failing the
applicant for a Pension is his brother & resided also with his father when
not in the service of his country—that they both resided at home with their
father as aforesaid—that he has heart the preceeding application of his
brother Jacob read & can swear & accordingly does on his said oath that
the said applicant Jacob J. Failing served in the company whereof Christian house
was Capt & Reg’t whereof Christian House was Capt & Reg’t
whereof Jacob Klock was Col. & often saw him in the service and remembers
that the said applicant was in the service in fetching some ammunition and powder
from Albany—that the applicant was absent about ten days which was according
to his recollection & sometime in the year says that he knows that that
the said applicant was absent from home about nine days when the Oriskany battle
was in the Service—that Col. Klock came into the field where this deponent,
the applicant Jacob J. Failing & Capt. House were moving wheat & said
Col. Klock ordered Capt House to call out his company to meet & oppose with
the Reg’t to Genl. St. Leger that the said Jacob J. Failing was ordered
out & went & was engaged in the Oriskany battle as the said applicant
informed him on his return &b ever since said battle & as he has understood
from others after the battle--& his recollection drafted out of Capt House’ Company
with others into that company of Nicholas Retchter & that the said
applicant was a scout in the service then about one month or more—that
when said applicant returned home he understood from said applicant that he had
been under Capt Retcther at StillWater for said tour & was sent home with
said Company about a little before the Surrender of Genl. Burgoyne--& that
he had seen at StillWater the American forces under Genl Gates—this was
according to his recollection in the fall of the year 1777& that he has often
since heard his brother the applicant relate said tour of service under Capt.
Retchter—that they resided together in the same house when he entered said
service & again on his return.--& farther says that he has heard the
said applicant say & has told him so repeatedly that he the applicant was
stationed some time at a place called “One fort” commonly, during
the revolutionary war in the service--& farther says that he recollects that
the said applicant left home into the service to go to Cherry Valley & after
an absence of about eleven days returned home & then on his return stated
to this deponent that he had been in the service at Cherry Valley where he had
seen the murdered Inhabitants among other had seen a Mr. Mitchell bring his family
to the fort who had been murdered—he recollects distinctly when the applicant
left home into this service & when he returned they living together in the
same house at the time—it was in the fall of 1778 when the applicant was
so absent as aforesaid--& further says the applicant at one time returned
home & informed this deponent that had been in the service at “Fort
Plank”—he remembers of his being absent for sometime—for how
long & what year cannot recollect--& farther says that he distinctly
recollects that the said applicant informed him this deponent on the said applicant’s
return home that he the applicant had been in the service at RemerSnyder’s
Bush & had seen at Remersnyder Bush a Mr. Ough who had been murdered by
the Indians & Tories--& the said Jno. J. Failing further says that he
has heard the predeeding application of Jacob J. Failing read—that they
resided together in the same house when said applicant was not in the service—that
the said applicant was repeatedly out in the service & had often during the
revolutionary war & since heard the said applicant relate the said Several
tours of duty set forth in the said applicant’s declaration--& that
the rendition of some of said tours of duty he distinctly recollects & of
the applicant’s leaving home & returning again after a while to the
house & home of their father where they resided until the Spring of 1781
when this deponent was taken a prisoner by the Indians.
And the said
Henry Flander for himself on his own says that in the year 1781 he saw said Jacob
J. Failing at Fort Plain for three or four months during said year this deponent
was in the nine months service at the time—that he cannot recollect precisely
how long said Failing the applicant was at Fort Plain but thinks it was for 3
or 4 month—he did not see said Failing in the Service as he said Failing
belonged in the militia—that this deponent was certain [record ends here].
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