Pension Application for Jacob J. Failing
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].