Pension Application for Philip Failing

W.19237

State of New York
Steuben County SS
On this sixteenth day of October one thousand eight hundred and thirty two personally appeared in open court before the Court of Common Pleas of the said county now sitting Phillip Failing a resident of the county and state aforesaid aged sixty seven years and upwards who being first duly sworn according to law doth on his oath make the following declarations in order to obtain the benefits of the Act of Congress passed June 7, 1832 that he entered the service of the United States under the following named officers and served as herein stated.

That in the summer of the year 1779 he entered a company stationed at Palatine in the then County of Tryon now Montgomery where he had previously resided, that the said company was Commanded by a Capt. Christian House and was attached to a Regiment Commanded by Col. Jacob Klock, that he entered said Company at first as a substitute and that he served in said three successive weeks that one of said weeks he was a substitute for Jacob Failing, in three of said weeks as a substitute for Conrad Heliker and the third week as a substitute for Yari Laper that during the third of said term of three weeks he remained at the said Town of Palatine and was engaged together with the said company in scouting the County of Tryon with a view of cleaning it of Indians and Tories by whom it was at that time very much infested.

That after the said time had expired he terminated in his place of residence in the said Town of Palatine until sometime in the Spring or Summer in year 1780 when he was engaged from time to time in the said County of Tryon under the Command of the said Capt. House as the service of the County remained without any regular settlements.

That he was some of this engaged in scouting under the Command of the said Capt. Over two or three or more days as he was from time to time reprised, that he was at times engaged in the said last mentioned service until the month of June in the years aforesaid when he enlisted in a Company Commanded by Captain John Bigbread which was attached to the regiment commanded by a Col. DuBois as he thinks that his recollection as to the name of the Colo. Is indistinct that the said Regiment was under the Command of General Van Rensselaer that said enlistment was for the term of four months, that he remained with the said company at Palatine aforesaid sometime when he was detached with about twenty soldiers to drive some cattle to the German Flatts now Herkimer for the support of the forces there stationed at the latter place that on the evening of their arrival at Herkimer they received orders to go up the Mohawk the next morning for the purpose of guiding? the boats then passing up that river to Fort Stanwix with the provisions for that place that there was no commissioned officers with that part of the company to which he belonged then at Herkimer and the men refused to obey the said orders except himself and one other supposing they were not bound to do so and returned to Palatine and rejoined the said Company.

That he with one other person of said company in pursuance of the said orders marched with other forces up the river on the service aforesaid, that they continued their march until about three o’clock of that day when they discovered the enemy consisting of about 700 Indians and Tories who were scattered through the woods around them. That they remained at the place where they discovered the said enemy for about ten days behind a small breastwork thrown up for that purpose that at the expiration of the said ten days they were relieved by a body of five or six hundred more under the immediate Command of Gen. Van Rensselaer, that in the said body was the company to which he was originally attached and which he rejoined at that place. That upon such reinforcement arriving the enemy retreated and the whole force under the Command of Gen. Van Rensselaer marched to Fort Stanwix that after delivering the said provisions they returned immediately to Palatine that he remained at and about Palatine some time when they moved to Herkimer where they lay several weeks and until the enemy returned in considerable force to Stone Arabia within the bounds of the said Town of Palatine that they then received orders to march for that place to the relief of Col. Brown then stationed there and immediately started for that place where they arrived the following day in the afternoon, that on the forenoon of the day of their arrival, Col. Brown had attacked the enemy and was entirely defeated and was himself killed. That on their arrival they pursued the enemy and overtook them near the Mohawk, engaged them and completely defeated them, driving them through the Mohawk and retook from them all the cattle and provisions they had seized and captured one cannon which they had with them and returned to Herkimer where her remained until his discharge. That during the said period he was part of the time under the Command of a Major Penscoter that he served a half month over the time for which he originally enlisted owing to the unsettled state of the County that he did not when he was discharged as aforesaid receive a written discharge.

That in the Spring of the year 1781 he again enlisted at Palatine aforesaid in a company commanded by Lawrence Gros, attached to the Regiment under the command of Col. Marinus Willett for the term of nine months and joined the said Company at Fort Plain, that he had said quarters of the said Regiment were at that place and that he was employed scouting about the countryside the most of the time until in the month of July when the enemy consisting of about 300 Indians were discovered strongly posted in a think cedar swamp in Durlough now in the Town of Sharon, Schoharie County and information of that fact was immediately conveyed to Col. Willett that Col. Willett immediately ordered out the forces as in his command and started out in the edge of the evening to attack the Indians in their encampment that on their route they were joined by Major McKean with a small force that th night was very dark and they traveled through the woods until near daylight when they came near the encampment of the enemy that the force was then divided into two parties, one of which was under the Command of Col. Willett and the other under the Command of Major McKean and stationed in two parallel lines behind the trees and brush that the applicant was under the Command of Major McKean and that after they were so stationed two men were sent out to draw the Indians from their camp that the men went up in sight of the Indians who immediately pursued them and were led by the men between the two lines where thy were attacked and entirely beaten that the applicant during the forepart of the engagement was placed near Major McKean and was by close by his side when he received a wound from a ball of which he died the following evening, that they then returned to Fort Plain where they remained until the month of August when they were again employed in scouting and also in cutting the grain in Dorlough which belonged to the Tories and conveying it to Fort Plain, that in the later part of the month of August a party of about 500 British Tories and Indians came from Canada to Johnstown and posted themselves there. That the applicant was engaged in the battle at that place against this force, that Col. Willett and Col. Harper commanded the American forces at that place, that he recollects distinctly having seen Walter Butler lying dead on the short of the West Canada Creek which he had been killed by an Indians while he was retreating from the Battle of Johnstown that from Johnstown he returned to Fort Plain where he remained until the said term of nine months had expired when he was discharged at that place, that he did not receive a written discharge. That he returned to Palatine aforesaid and in the year 1782 he was out at different times during the Summer and Fall of that year under the Command of Col. Willett but that he is unable to state how often or how long he was engaged that he did not enlist but turned out whenever there was a call made upon him and when the emergency had passed returned again to his home. That he was born at the said Town of Palatine on the 16 February 1765. That he has the original record kept by his father of the ages of the family now in his possession. That from Palatine he removed to Canajoharie in the County of Montgomery after the close of the war and remained there about twenty years when he removed to Jasper in present place of residence where he has resided ever since that time. That the annexed affidavit of Jacob Heiling is the only evidence of his services that he has been able after a diligent search to procure. 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. This in his present neighborhood he is acquainted with Andrew Simpson, Andrew Craig, John Deck, Rev. Samuel Dacy, Adam Brutzman, Nicholas Brutzman, William Hunter and others, who can testify about his character for truth and veracity and their belief of his services as a soldier of the Revolution.
Subscribed this day aforesaid and sworn. (Signed, Philip Failing)

State of New York
Montgomery County
Jacob J? Failing and Conrad Hellegas both of the Town of Oppenheim in said County being severally sworn by me the subscriber a Justice of the Peace in and for said county according to law do depose and swear as follows: That is the said Jacob I Failing for himself aforesaid on his oath that he is aged about seventy two years and that he is the brother of Philip Failing who has, as he has been told by him made application for a pension. That he said Philip during the Revolutionary War when not in actual service lived together. That he well remembers that said Philip served in the United States service during the Revolutionary War, that his memory is poor in consequence cannot precisely state his said brothers services but gives the same to the best of his recollection. Vizt, that he recollects that he said Jacob was drafted as a private out of the company whereof Christian House and Capt. In the Regiment whereof Jacob Klock was Colonel, that he was to serve in Remensnyderbush and that said Philip became his substitute in this service. This was according to the best of his recollection in the year 1779 but the day and months he cannot recollect, that his brother Philip went as such substitute after an absence of about 8 days returned home, and then said and told him he had served in Remensnyderbush as so he has always since understood was the fact, he thinks it was in the fall of that year this service was done but to undertake to swear so positively he cannot.

That he also remembers that some men were drafted out of the Company whereof Christian House was Capt. In the Ret. Whereof Jacob Klock was the Colonel in the year 1780 according to his recollection that his brother Philip because his substitute that reason of his brother’s becoming his substitute as aforesaid is that their father was taken by the Indians a prisoner and that the family of his father depended on said Jacob to take care and provide for them which he did and that said Philip was younger and considered not so capable to take care of the family of their father. It was sometime he thinks in the Summer of that year that said Philip became Jacob’s substitute as mentioned, but the particular time he cannot swear, he remembers that said Philip left home for last mentioned service and was gone sometime, he should say between 4 & 5 months and on the return of said Philip in home he stated then and often since then to the said services in that last mentioned service in the company whereof in Bigbread or Breadback said Captain of the company.

That he said Jacob was engaged as a soldier in the pursuit of Major Ross by the forces under the Command of Col. Willetts that he saw his brother also in the service at said time under Capt. Lawrence Gross in the United States service, this was he thinks in the Fall of 1781. He so saw his brother in last mentioned service, that his brother during the war was since often told him he served nine months under Capt. Gross and so he has also heard from others and believes the same. That he has no doubt from the absence of his brother from home that he served for the period of nine months as last mentioned that he understood from said Philip that he had enlisted in said company as a private and said Jacob further says that his brother was often absent from house and said to be in the service of the United States, besides the periods before mentioned, but he cannot say that he saw him in the service except at Fort Plain in the year 1782 and except the times before mentioned by him to have seen him.

That he saw said Philip in the service of the year 1782 at Fort Plain in Minden in the service in said fort in standing guard and doing duty and that he saw him often during said year in said fort in the service. He has heard said Philip often relate of his being engaged in the Turlock Battle in that Battle at Johnstown and in the skirmish with Sir John Johnson.

Conrad Hellegas for himself says, that he was a Soldier of the Revolution and is aged about 72 years that he believed in the Revolutionary War that Philip Failing then a resident of Tryon County now County of Montgomery and who now resides as he is told in the Town of Jasper in the County of Steuben served in the United States services in the Revolutionary War. That according to the best of his recollection he was drafted out of the Company whereof Christopher Fox was Captain once and afterwards John Hess Capt and after him Peter Waggoner Junr was Capt of said company in the Regt whereof Jacob Klock was Colonel but cannot swear which of said Captains named by him was at the time he was so drafted the Capt of said company and cannot recollect said, that when he was so drafted he received a bounty of money and he did not serve, but procured said Philip Failing as his substitute as a private, that said Philip was quite young at the time and he was fearful he would not be accepted as his substitute, but he was, because he was smart and lively for his age. That he cannot recollect for how long he was drafter, that he was drafted according to his recollection in the year 1780 or 1781 in the Spring of that year, but cannot say what month or day. He knows that said Philip went as his substitute and served as he understood for the period he was to serve that in consequence of the loss of his necessary by reason of his age, he cannot state further or more particularly the service rendered by said Philip during the Revolutionary War, but recollects that he always understood in the war and after that said Failing had done a great deal of service and had been a true and good soldier of which he never heard a doubt expressed.
Sworn and subscribed this 20th day of June A.D. 1833 before me.

(Signed, Jacob T. Failing and Conrad Hellegas.

State of New York
Steuben County
On this eighth day of March in the year eighteen hundred forty four personally appeared before the Judges of the Court of Common Pleas in and for Steuben County, Margaret Failing a resident of the Town of Jasper in the said town of Steuben aged seventy eight years on the first day of March and who being first duly sworn according to law doth on her oath make the following declaration in order to obtain the benefit of the provision made by the act of Congress passed July 7, 1838, entitled An Act Granting Half Pay and Pensions to Certain Widows. That she is the widow of Philip Failing who was a private in the Revolutionary Army and served during three summers under Col. Marinus Willett and Capt Bigbread as she has been frequently informed by her said husband during his life time that she does not know the other officers under whom he served that he was in an action at Johnstown and in the action at Durlaugh sometimes spelt Turlock she cannot state the precise time he left the service but that her said husband Philip Failing was a pensioner of the United States and drew at the rate of fifty dollars and sixty six cents reference being made to the paper on file in the Pension Office with more fully approved. She further declares that she was married to the said Philip Failing on the fifteenth day of April in the year seventeen hundred and eighty eight that her husband the aforesaid Philip Failing died on the seventeenth day of May eighteen hundred and forty tow. That she was not married to him prior to his leaving service but the marriage took place previous to the first of January seventeen hundred and ninety four vizt at the time above stated she further states she has no documentary evidence of the facts above stated except the pensions certificate of the said Philip Failing and the records taken from the German Psalm book, that her marriage took place in what was called the Town of Palatine in the Country of Montgomery.
Margaret Failing (Her Mark)

State of New York
Steuben County
Adam Failing being duly sworn says that he resides in the Town of Jasper in said county and has resided there nineteen years that he was born in the County of Montgomery on the 25th day of March 1795 that he is the son of Philip and Margaret Failing that the German Palm Books from which annexed leaves were taken has been in the family of the said Philip and Margaret ever since his recollection that the entries there made have also been there since his earliest recollection that he does not know by whom they were so made, that said leaves contain the record of the births of the children of the said Margaret and Philip that he had (blotted, I think it says sister Catherine) and Daniel his brother older than himself. This deponent further says that the said Philip resided with this deponent until his death which took place the 17 day of May eighteen hundred and forty two. That said Philip and Margaret always lived together as man and wife and were so treated by their friends and acknowledged their children that he has never lived apart from his said pare4nts, they having resided with this deponent ever since he came to man’s estate and that the said Margaret is still a widow.
Subscribed and sworn this 8 day of March 1844 before Me, Harrison Finck Judge said county.
(Signed) Adam Failing

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