Revolutionary War Pension and Bounty Land Warrant Application File R. 1,108, Michel Boyls, New Jersey Va.
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Service
New Jersey
Va.
Boyls, Michel
or Boyle
Number R. 1,108
Contents
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State of Virginia
County of Randolph }ss.
On this 16th day of January A.D. 1833 personally appeared before me Jacob Keller one of the Commonwealth Justices of the Peace for the county of Randolph aforesaid; Michel Boyles, resident of the county and state aforesaid, aged 70 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 the 7th 1832.  That he entered the service under the following named officers and service as herein stated.
I entered the United States service under Captain Stephen Munson & Lieutenant Timothy Tutte, the Ensigns name I have forgotten.  I frequently seen Genls George Washington & Lafayette and there was one Col. Sealey who commanded a part of the time.  Shortly after I went into the service we was marched from Morristown New Jersey to Springfield to meet the Kings troops which was marching out from New York.  We met them at Springfield and tried to repel their march in that town and a battle took place at a bridge near the town across a small water the name of which I have forgotten.  Several were killed in this fight on both sides and we were forced to retreat; the British troops being too strong for us; We only retreated out of gun shot and stood where in a short time I seen the town of Springfield razed in flames of fire.  The British troops that night retreated towards New York again and on the next morning we pursued them as far as to Elizabethtown Point where they had erected a small fort which we destroyed; and were then discharged.  I entered the service in May (that day of the month I do not recollect) 1780.  There was a general call and all who was able to bear arms had to go into the service.  I was in the service at this time about one month.  My residence was then in New Jersey, about five miles from Morristown.  My father lived with whom I resided) I had scarcely got home until I was again called into the service and did
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enter the service in July 1780 under the same company officers (as well as I can recollect).  I know that Tutte was our Lieutenant in this service.  I continued upward of twelve months, the principal part of which time I was stationed at Morristown, New Jersey.  My employments were frequently changed.  I was several times sent out on scouting parties, the British and Tory were then doing a great deal of spying in our own neighborhood and it might be said that war raged there; apart of the time I was engaged in wagoning being one selected out for that purpose and hauled the sick & for this sick &c.  during this campaign I was under difference officers; but cannot recollect particularly their names except those I have mentioned nor can I at this day recollect the names [illegible] of the regiments to which I then belonged during this tour I do not recollect of taking a part in any battles worth mentioning.  We were not doing much there.  The soldiers got almost naked for close and we drew no pay, the soldiers and some of the officers got very discontented on the subject and some of them were going to turn mutinous & if I recollect right some did mutinize and marched away and a new set came in [illegible] [illegible] As to my part, my father only lived 3 miles off and I never suffered for food or clothing.  I was discharged from this service in August 1781 and shortly afterwards my father sold his property near Morristown New Jersey and moved to Hampshire County Virginia where I had not been long until there was a call for soldiers to go and fight an army of Tories that had collected themselves together on the South fork of the North Branch of Potomac.  Into this service I recollect that I volunteered.  We marched against them and made battle but {illegible} fled and took to the [illegible] our backs that would astonish any man to few can at the present day on being informed of the facts; they made scarce no resistance all tho they wore more [illegible]
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than we were, for they were some hundred strong.  We had several taken and I seen one Col there hang a man who (he said) was a Tory until he was dead with a straw rope to the [illegible} of a gate post tho after he had been cut down he came to life again; we were discharged from this expedition which did not [illegible] three weeks.  I have forgotten my company officers, the Field officer who commanded us was one Williams; I then returned home and my father removed to Allegany County in the State of Maryland where sometime afterwards I was drafted and went against the insurgents who had rose in the Western part of Pennsylvania.  This tour I also served, but have no person who served with me in the service against the English & Tories to prove my services only I expect to prove by my brother Colbert Boyles that I was called and actively went into service, but he did not serve with me; nor have I any discharges to show my service.  If I had any, it got burnt in my dwelling house which was burnt about 35 years ago.  All my papers with the record of my age was then destroyed.  I do not recollect of my ever having a discharge in writing or print tho if any soldier who served when I did got a discharge, I did; for I always obeyed my superior officers and served as directed whenever called on and I merely mention my services against the insurgents to show that fact.  I have now grown so old and decrepit that I am not able to travel to the Courthouse of Randolph in order that these proceedings might be taken before the court, which is near forty miles from my residence, nor would I put the officers of government to the trouble to investigate my claims nor the government to pay the same if actually adversity did not force me so to do for I would sooner give to government than take from her be the chance ever so [illegible]
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were our situation be critical [illegible] as at the days of my services.
He hereby relinquishes every claim whatsoever to a pension or annuity except the present and declares that his name is not on the pension roll of any agency of any state.
Michel Boyls
Sworn & subscribed the day and year aforesaid
Jacob Keller JPRC
We Simeon Harris a clergyman residing in the county of Randolph and George Nestor, Esqr residing in the same place do hereby certify that we are well acquainted  Michel Boyls who has subscribed and sworn to the above declaration that we believe him to be 70 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.  16th January 1833
Simeon Harris
George Nestor
Sworn and Subscribed this day and year aforesaid
Jacob Keller JPRC
And the said Jacob Keller a justice of the peace in and for the county aforesaid and before whom the above proceedings have been taken doth hereby declare that it is his opinion after the investigations 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 said justice further certifies that the said Simeon Harris who has signed the preceding certificate is a clergyman resident in Randolph County Virginia, that George Nestor Esquire who has also signed the same is a resident of the same place and is a creditable person and that
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Their statements are entitled to credit.
Jacob Keller JP
I Jacob Keller a justice of the peace for the county of Randolph and state of Virginia being the same before whom the interrogation of this petitioner or applicant for pension has been taken do certify that the interrogatories as has been required by the War Department to be propounded to all applicants for pension on account of service in the Militia State troops or volunteers except the Militia of New Hampshire and the State troops of Virginia being propounded the said Michel answers as follows:
To the first derragatory  - he was born in the state of New Jersey within 5 miles of Morristown, as to the year he was born he is not certain but he thinks about the year 1763.
To the 2nd -- the record of his age was burnt and he knows of no other
To the 3rd  In New Jersey lived when called the first & second time into service.  That he resided in Hampshire County Virginia when he volunteered against the Tories and that he resided in Allegany County, State of Maryland when he was drafter to go against the insurgents.  That after his tour against the insurgents he moved to Randolph County Virginia where he has resided ever since. 
To the 4th he said he was taken in the Troops of New Jersey by a call as he thinks from the governor of that state which was for all men able to bear arms.  He does not recollect of being drafted.  That in the expedition against the Tories, he volunteered and against the insurgents, he was drafted.
To the 5th he says he recollects no regular officers except Genls Washington & Lafayette and one Col. Sealy but does not know whether he was a regular officer or of the militia.  He was not particularly acquainted with them but knew them when he seen them which was frequent.  He does not recollect the number of name of
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of the regiments but recollects of there being distinctions [illegible] and that he was in different employments during his service and under different officers.  He does not recollect of getting a discharge in writing or print.  But if he did, it got burnt with his house and his other papers about 35 years ago.
To the 7th he is known by most of the citizens Randolph and publicly well known in his neighborhood by Rev. Simeon Harris George Nestor Esq. and Captain John Ryan all of whom have long since known him.  
Michel Boyls
Sworn & subscribed before me this 16th day of January 1833
Jacob Keller JPRC
I Jacob Keller do further certify that the above named Michel Boyls is not able to attend at the courthouse of said county in order to have an investigation of his case before the court of said county owing to his age and bodily infirmities.  Given under my had this 16th day of January 1833
Jacob Keller JPRC
State of Virginia
Randolph County }ss
Personally appeared before me Jacob Keller one of the Commonwealth Justices of the peace for said county Gilbert Boyls of said county who made oath in due form of law that he knew his brother Michel Boyls when he was called in the service in the state of New Jersey, that he knew of his being in the service when the army was stationed at Morristown, that he was called in the service at sundry times, that he has reason to believe he served in all more than twelve months and that he knows of his brother MIchel getting his house burnt about 35 years ago, but
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but does not recollect of ever seeing written discharge in his possession.  That he was not in the army at that time with his brother Michel but that he was mostly in the service at Morristown New Jersey and that did not exceed 5 miles from where his father lived. That Michel had frequently permits to come home and [illegible] of the family were every 2 or 3 day of the garrison.
Given under my hand this 16th day of January 1833.
Jacob Keller JPRC
State of Virginia
Randolph County :ss
Personally appeared before me Jacob Keller a justice of the peace for said county Captain John Ryan of the said county who made oath in due form of law that he had been acquainted with Michel Boyls the present applicant for Pensions for near forty years.  That he has always been reputed a good & honest citizen and a friend to his country and that he has reason to believe that said Boyls was in an expedition against the Tories as stated in his declaration.  That he (said Ryan) was in said expedition and that on having a conversation with said Boyls has reason to believe he was in said service, and that the part of his declaration stating that he was drafted and served against the insurgents is true for that he (said Ryan) then commanded a company of militia in the county of Alleganey in the State of Maryland & there being a call for men to go against the insurgents and two [illegible] being called for out of his company and lots being drawn.  It fell upon one Joseph Davis and said Michel Boyls. Davis being a substitute and Boyls served his tour and sometime afterward he was informed that said Boyls had got his house burnt and
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Not long afterwards he (said Ryan) removed to Randolph County Virginia where he has resided ever since.  That said Boyls removed into his neighbourhood and within about six miles of him where he has resided for upwards of twenty years. (That he well recollects the father of said Michel Boyls that he was a sworn friend to his country) and that it is & has been believed that said Boyls had served as he has stated in his declaration.
Given under my hand this 16th day of January 1833
Jacob Keller JPRC
Virginia
Randolph County to wit
I Archibald Earle, Clerk of the County Court of Randolph do hereby certify that Jacob Keller Esq whose name is annexed to the foregoing affidavits & declaration is an acting Justice of the Peace in and for the County of Randolph, duly commissioned and qualified and that the signatures are genuine.
In testimony whereof I have hereunto set my hand and affixed the seal of the County Court aforesaid this 2nd day of February 1833
A Earle, Clerk RC
[illegible] line a word is arraised before signed
A Earle Clk
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Explanatory Certificate & Declaration
S. Wyatt Agent
Glady Creek & Roads
Randolph Co. Va
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Randolph County to wit
Personally appeared before me Jacob Keller one of the Commonwealths Justices of the peace in & for said county  Michel Boyls who being duly sworn according to law deposeth and saith that by reason of age and the consequent loss of memory he cannot declare positive as to the precise amount of time of his service.  But to the best of his recollection the first tour mentioned in his annexed declaration was not less than one month.  That the 2nd tour mentioned therein was not less than twelve months, or one year.  That the 3rd tour mentioned therein were not less than 3 weeks and that three tours is all that he served during the revolutionary war making in all one year one month and twenty one days.  That during the twelve months service he acted as a [illegible] not longer than two weeks.  That he [illegible] [illegible] hauling or as a [illegible] his is certain [illegible] [illegible]...
Michel Boyls
Sworn and subscribed this 11th day of June 1833 before me
Jacob Keller JPRC
I Jacob Keller a justice of the peace before whom the above disposition as well as the annexed declaration were taken do certify that Michel Boyls the applicant for Pension who was sworn and subscribed therein was not nor is not now able to attend court from bodily infirmity and old age for the purpose of 
bringing his claims and certificate.
Given under my hand this 11th day of June 1833
Jacob Keller JPRC
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Randolph County to wit
I Jacob Keller the justice of the peace before whom the annexed declarations have been made do certify that John Ryan and Gilbert Boyls two witnesses whose affidavits are annexed are creditable men of this county and that their certificate or affidavits should be regarded as such.
Given under my hand this 11th day of June 1833
Jacob Keller JPRC
Virginia
Randolph County
I Archibald Earle Clerk of the County Court of Randolph of the state as aforesaid do hereby certify that Jacob Keller before whom the foregoing affidavit of Michel Boyls bearing date 11th June 1833 appears to have been [illegible] is a Justice of the Peace in said county and that the signatures to the same purporting to be the signatures of the said Jacob Keller are genuine.  
In testimony whereof I now hereunto set my hand and affix my seal of office at Beverly this 27th day of June 1833
A Earle Clk RC
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A second amendment to a declaration for pension made by Michel Boyls which is hereunto annexed.
State of Virginia
County of Randolph }ss.
Personally appeared before me, George Nester, a justice of the peace for said county Michel Boyls who being first duly sworn according to law doth on his oath further state as follows that he served his first tour which was one month under Captain Stephen Munson, Lieutenant Timothy Tuttle and Ensign Green and that he served his second tour which was not less than Twelve months under the same officers and that Colonel Sealy commanded the garrison at Morristown in the absence of General Washington and that Major Balt was the next in command.  That he served both those tours making thirteen months in all under the same officers except about fourteen days that he was engaged in [illegible] for the army while the Pennsylvania troops were stationed at said garrison.  That he was drafted and served as a soldier in the infantry; he does not recollect of any alotment but thinks it was a general call for all who could bear arms.  He does not recollect what regiment he belonged to during both those times of service he was always in the field or garrison and only fourteen days as a Teamster nor was he in any [illegible] pursuits during said times.  The third [illegible] he stated of volunteering against the Tories [illegible] did not exceed three weeks; he does not recollect his captains name but thinks it was Abraham Johnson.  The rest of the company officers he has entirely forgotten but recollects that a Major called Williams commanded the party called Whigs of whom he said Boyls was one (see declaration)
25 December 1833
MIchel Boyls
Sworn and subscribed before me 
George Nester JPRC
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Randolph County to wit
I George Nester a justice of the peace for said county do certify that Michel Boyls who subscribed and made oath to the annexed amendment to his former declaration for a pension under the act of Congress passed 7th June 1832 is unable to attend court from bodily infirmity and old age, for to have his claim investigated before said court.
Given under my hand this 25th day of January 1834
George Nester JP
Virginia
Randolph County }ss
I Archibald Earle Clerk of the County Court of Randolph in the state aforesaid do hereby certify that George Nester before whom the foregoing affidavit of Michel Boyls was taken bearing date 25th day of December 1833 is a justice of the peace in and for said county and that the signatures to the same purporting to be the signature of the said George Nester are genuine. 
In testimony whereof I have hereunto set my hand and affixed my seal of office at Beverly this 8th day of March 1834
A. Earle Clk RC
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No. 24077
Michel Boyls
Randoph Co
Virginia
Suspended
7 Apl 34
S. Wyatt

Archibald Earle Clk
Randolph Co
Virginia
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1108
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War Department
Pension Office
183
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 tabular form.  On comparing these papers with the following rules, and the subjoined notes, you will readily perceive that objections exist, which must be removed before a pension can be allowed. The notes and the regulations will show what is necessary to be done.  These points to which your attention is more particularly directed, you will find marked in the margin with a brace (this:  } ).  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, showing the service of Michel Boyls Randolph Co Virginia
Period when the service was rendered
Duration of the claimant's service
Years. Months. Days.
Rank of the claimant
Names and rank of the Field officers under whom he served.
Age at present, and place of abode when he entered the service
Proof by which the declaration is supported
May 1780 1 month Private Captain Munson 70 Years 
New Jersey about 5 miles from Morristown
One living witness for more than 12 mo service Traditional evidence likewise
July 1780 upwards of twelve months Private Genls Washington & Lafayette Col Sealy
Vol  21 days
[illegible] time not stated
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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, drafter, 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
County of      } ss.
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 to 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, residing 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       .
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
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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 Milita, 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 service.
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 traditionary 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 no 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 employed 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 paper.
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. 
 The notes from [a] to [l] 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.  
[k] This traditionary evidence is indispensable in militia cases.
[l] If a witness cannot be found, the declarant must state the fact.
[m] The answers to the interrogatories must all be written, and sent to the War Department, with the declaration.  
John N Ashton
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Suspended claim
Act of June 7 1832
Michael Boyles
Va
Power of Attorney
to examine claim
Chas C Tucker
Atty
Present
Page 21

Power of Attorney
Know all men by these presents:  That I, David Carr, do hereby constitute and appoint Charles C Tucker of Washington D.C. my true and lawful Agent and Attorney to prosecute the Claim of Michel Boyles for any amount of Revolutionary Pension or increase of Pension that may be due under the provisions of the Act of              or any other Act or Resolution of Congress, and I hereby authorize my said Attorney to examine all papers and documents in relation to said Claim on file in the Departments at Washington City, or elsewhere, to file additional evidence or arguments, and to receive the Certificate which may be issued for said Claim, and to appoint one or more substitutes under him for the purposes herein expressed; and to do all things that I might or could do, were I personally present.  Hereby ratifying and confirming all that my said Attorney may lawfully do in the premises.
Witness my hand and seal this      day of September 1854
David Carr
must be two witnesses
In presence of
S. M. Hoff
Josiah W Rury
}ss.
State of Virginia  Barbour County -- ss.
On this 18th day of September 1854, before me a Justice of the Peace in and for the said County and State above mentioned personally appeared David Carr and acknowledged the foregoing power of Attorney to be his act and deed for the purpose therein mentioned. 
W. K. Hall J.P.
State of Virginia
Barbour County }ss.
On this 18th day of September 1854, before me the undersigned a Justice of the Peace in and for the County and State aforesaid, personally appeared David Carr a resident of said County, and made oath according to the law that he is the identical David Carr who executed the foregoing power of Attorney, and that he is directly interested in said Claim, and makes this affidavit to be filed with such additional evidence or arguments as my said Attorney may use in prosecuting said Claim.  David Carr
Sworn to and subscribed before me the day and year above written.  
W. K. Hall J.P
State of Virginia
County of Barbour }
I, Lan D. Morrall Clerk of Barbour County Court do hereby certify that Mr. W.H. Hall Esq., before whom the foregoing affidavit and acknowledgment were made and who has hereunto signed his name, was at the time of so doing a Justice of the Peace, in and for the County and State aforesaid, duly commissioned and sworn, and that all his official acts as such are entitled to full faith and credit.  
In testimony whereof, I have hereunto signed my name and affixed my official seal this 20th day of September 1854.
L.D. Morrall Clk
Page 22

Michaelk Boyle
VA
Suspended
Letter 7 April 1834 to
S. Wyatt Esqr
Act 7th June 1832
Page 23

Michael Boyls
Va
Page 24

Beverly 7th March 1834
Dear sir, I have again had to trouble you with the papers of Mr. Boyls.  He has been able to state the names of his officers by referring to his brother Gilbert who has a better recollection than Michel for he is certainly a man of the worst recollection I have ever knew.  As I presume you are much engaged, I have drawn the following notes which may be an advantage.  See last amendment offering names to wit (Genl Washington, Col Sealy, Capt Munson, Lieut Timothy Tuttle, Ensn Green).  Second tour under same officers only recollects Major Ball.  For the proof of his services see first declaration Testimony of Gilbert Boyls & Capt. John Ryan.  See also the certificate of the magistrate certifying as to their credibility &c.
Yours with due respect
S. Wyatt
J.L. Edwards Esqr
Com of Pen &c

NB the declaration made first by Luke Bryan I understand has been destroyed that wore facts in the hands of Col. Camden of Lewis County Virginia, therefore it cannot be forwarded to you.  I should take it as a great honor for to know what has been done in the case of Abraham Lewis.  
S. Wyatt
Page 25

Ex'r
INVALID
No.
1108
P.O. Michael Boyle
Service:
Enlisted: ________ ,18
Discharged: ______,18
Application Filed: _____,18
Alleges: _____
Re-enlisted: _____
Attorney: _____
P.O. _____
Page 26

S. Wyatt Agent
Glady Creek & Roads
Randolph Co Va
Page 27

[illegible]