On October 5, 1776, a resolution of the New York State congress appointed Nicholas Herkimer as brigadier general of the "Brigade of Militia of Tryon County, New York." .
On August 6, 1777, the militia, under the command of Herkimer, fought in the Battle of Oriskany with British forces (under the command of Barry St. Leger, Sir John Johnson, Colonel John Butler, and Captain Joseph Brant).