Revolutionary War Pension and Bounty Land Warrant Application File W. 3740, Nathaniel Viall, Mass.

SERVICE
NUMBER _____
16ass.
Will Nathaniel Patience
N. 3740
B. L. W. 26280-160-55;
CONTENTS

2187.
Massachusetts Nathaniel Diale of Seabrook in the State of Mass who was a Private in the company commanded by Captain of the  the commanded by Col Jacobs in the Mass line for 10 Mns
Inscribed on the Roll of Mass at the rate of 33 Dollars 33 Cents per annum, to commence on the 4th day of March, 1831.
Certificate of Pension issued the 21 st day of March 1832 and suit of Babbett Dighton Mass.
Arrears to 4th of Sept 1832 $49.99 Semi-annual allowance ending 4 March 33. 16.66 $66.65
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded by J. H. Blain Clerk, Book D - Vol. 27 Page 88.

996 Massachusetts
Patience Vial
Widow of Nathaniel Vial who served in the Revolutionary
war, as a Private
Inscribed on the Roll at the rate of 33 Dollars 33
Cents per annum, to commence on the 4th day of March, 1848.
25 January 1852
Certificate of Pension issued 12th day of Feb. 1853 and sent to
Pay. Compt. Ex. Providence R.I.
Recorded on Roll of Pensioners under act February 2, 1818, Page 47 Vol. A
29 July

95337
Act March 3, 1855 Apr 16/55
Patience Viall wid of Nathaniel Viall Pri Nathaniel Viall, Pri
No 26280 J
Rev. War
Rev. Pensions
Map. July 48-996
W: 160 Boston May 28/56 B. B. L.
16
Benj. Coale Providence R.I.
C. B. Coale Nov 29/55
Vol V. page 140.

75-537
Patricia Hall

Massachusetts State of Rhode Island , Sc.
County of Bristol
On this twentysixth day of March A. D. One Thousand Eight Hundred and Fifty-five, personally appeared before me, William Ide a Justice of the Peace within and for the County aforesaid, Patience Viall aged ninety two years, now resident in the Town of Seekonk in said County, who being duly sworn accord- ing to law, declares and says she is the widow of Nathaniel Viall who was a private in Capt. com- pany, and in a Regiment commanded by Col. in the war of the Revolution, and that her said husband was in actual service more than six months in said war, and was honorably discharged.
And she further declares that she was married to said Nathaniel Viall on the Eighth day of April A. D. 1786 by Rev. Mr — Rogerson and that her name before marriage was Patience Richmond and that her said husband died on the 25 day of January A. D. 1852 and that she is now a widow.
And she further declares that she is now a Pensioner of the United States at the rate of $ 33,33 per annum; which pension was granted her on account of her said husband's services in said war; which pension is payable at the Agency for pay- ing pensions in the City of Boston  Providence . And she further declares that when she made a declaration to obtain her said pension she produced satisfactory evidence of her said marriage to her said husband and of his death, to which declaration and the evidence therewith filed, she now refers for proof of her said marriage, of her said husband's death, and her claim to Bounty Land under the Act of Congress of March 3d, 1855, and she makes this declaration for that purpose. She further declares that she has never made any application for Bounty Land before the present.
Witness William Ide
Patience her X Viall mark
We Humphrey Hunt and Benjamin Viall residents of Seekonk - in said State upon our oaths, declare that the foregoing declaration was signed & acknowledged by said Patience Viall in our presence and that we believe from the appearance and statements of the applicant that she is the identical person she represents herself to be
Humphrey Hunt Benjamin Viall

The foregoing declaration and affidavit were sworn to and subscribed before me on the day and year above written and I certify that I know the affiants to be credible persons that the claimant is the person she represents her self to be and that I have no interest in this claim
William Ide Justice of the Peace
Commonwealth of Massachusetts
Bristol ss.
I James Groat, Clerk of the Court of Common Pleas for said County of Bristol, do hereby certify that William Ide Esq. whose signature is affixed to the foregoing Certificate, is, and was, on the day of the date thereof, a Justice of the peace in and for said County of Bristol, and duly qualified to administer oaths.
In witness whereof I have hereunto set my hand, & affixed the seal of said Court, at Taunton, this twenty day of April, in the year of our Lord one thousand eight hundred and fifty five -
J. Groat

Nathaniel Viall
2747
The Magistrate has not called to the credibility of the witness .
Admitted
Nov 17 1892
10 Months Prison
$33.33.
Forwarded by J Bapst Highton a Wap

BRIEF in the case of Nathaniel Viall of Halbrook in the State of Massachusetts (Act 7th June, 1832.)
 1. Was the declaration made before a Court or a Judge? Cont  2. If before a Judge, does it appear that the applicant is disabled by bodily infirmity?  3. How old is he? Twenty Years.  4. State his service, as directed in the form annexed. 
   Period. Duration of Service. Rank. Names of General and field Officers under whom he served.   Years, Months, Days.     July 1 st In 17 98 to Jan y 1 st 17 99 6 " As a Private Gen. J. Jacobs   Aug to Sept 99 1 " " Col Putnam   June to Sep: 80 3 " Standard Col. Mitchell  
 5. In what battles was he engaged? None  6. Where did he reside when he entered the service? Pohoboth  7. Is his statement supported by living witnesses, by documentary proof, by traditional evidence, by incidental evidence, or by the rolls? Living Witnesses & Documentary Evidence  8. Are the papers defective as to form or authentication? and if so, in what respect? Says Nothing must stand as credible & a Hunt before whom the books were taken is not certified to be a true copy of the original  I Certify that the foregoing statement and the answers agree with the evidence in the case above mentioned.
L. D. Woodson Examining Clerk.

P. 1174. Sept 27/52 Palmer Viall Widow, of Nathaniel claim Mass.
July 29 th 1848.
Benjamin Cowell, Providence, R.I.
Atty. at Law

Commonwealth of Massachusetts Bristol County ss,
On this seventh day of September A. 1852 personally appeared before Oliver Prescott Judge of the Court of Probate within and for said County, Patience Viall now resident in Seekonk in said County aged Eighty Nine years, who being sworn according to law doth on her oath make the following declaration in order to obtain the provisions of the act of Congress passed July 29 th 1848. viz. Said Patience declares that she is the widow of Nathaniel Viall late of said Seekonk, deceased who was a soldier of the Revolution and a pensioner of the United States under the act of June 7 th 1832 at the rate of $33, 33. per annum payable at the Pension agency at Boston, and to the declaration, her said husband made, she refers for proof of his services, and she further declares that she was married to the said Nathaniel Viall on the Eighth day of April A. 1784 as will appear by the evidence hereunto annexed, That her husband the said Nathaniel departed this life on the twenty fifth day of January A. 1852, and since that period she has remained a widow, She was not married to him prior to his

leaving the service, but the marriage took place prior to the second day of January Eighteen hundred; to wit, at the time above mentioned, and she further declares that she is still a widow and never made any application for a pension
Witness: C. Prescott. H. Viall.
Patience his X Viall mark
Subscribed & sworn to on the day & year above written.
Before me: Oliver Prescott Judge.
I Oliver Prescott Judge of Probate in and for the County of Bristol and Commonwealth of Massachusetts do hereby certify that Patience Viall the foregoing applicant for a pension cannot by reason of age & bodily infirmity attend the Court.
Oliver Prescott. Judge of Probate

I Ora Viall of Seekonk in the County of Bristol and Commonwealth of Massachusetts, testify and say that I am sixty years of age, that I was present at the Dwelling House of Nathaniel Viall, late of Seekonk, aforesaid deceased, on the twenty fifth day of January in the year of our Lord one thousand eight hundred & fifty two, that on that day the said Nathaniel Viall, departed this life age that I was present on that day with him when he died, and that he was the same Nathan- iel Viall who was a Revolutionary Pensioner of the United States, and named in the annexed declaration. Ora Viall
Commonwealth of Massachusetts Bristol ss. In Seekonk September 17 th 1852 personall appeared Ora Viall and subscribed and made oath to the truth of the above deposition Before me: Viall Medberry Justice of the Peace And I further certify that the said Ora Viall is a creditable witness Viall Medberry Justice of the Peace

State of Massachusetts County of Bristol and Town of Rehoboth May 21 st 1852
This Certifies That among the Marriages as returned and recorded in the records of said Town, I find the following Marriage plainly and intelligibly written, Seventeen hundred and Eighty four April eighth, Nathaniel Viall & Patience Richmond both of Rehoboth, were married by Robert Rogerson Pastor of the 2 nd Congregational Church in Rehoboth,
I hereby certify That the above is a true copy from the records with the exception of the date which is expressed in fair legible words and figures as follows, (1784 April 8 th )
Cyrus M. Wheaton Town Clerk of Rehoboth
I Cyrus M. Wheaton above named do hereby say that I hold the office of Town Clerk of the town of Rehoboth county of Bristol & Commonwealth of Massachusetts and by virtue of said office I have the custody of the Records of Marriages and births that have taken place in said town, and that the above is a true copy from said Records, with the exception of the date as above named as certified by me,
Cyrus M. Wheaton Town Clerk,
Bristol ss. May 21 st 1852. Subscribed and Sworn To, Before me Viall Medbury Justice of the Peace

Commonwealth of Massachusetts.
Secretary's Office, Boston, Septm r 23 1859.
I Hereby Certify , That on the 17 th of March 1835 Oliver Prescott was appointed Judge of Probate (and so remains) and Viall Medbury was on the 12 th of February 1850, appointed Justice of the Peace for the term of seven years, both for the County of Bristol
in the said Commonwealth, duly commissioned and qualified; and that to their acts and attestations, as such, full faith and credit are and ought to be given, in and out of Court.
In Testimony Whereof, I have hereunto affixed the Seal of the Commonwealth the date above written.
Andrew Walker Secretary of the Commonwealth.
Exes 25th
copy of the seal

Nathaniel Viall No 2,747

Commonwealth of Massachusetts.
County of Bristol ss.
On this Seventeenth day of August in the year of our Lord one thousand eight hundred and thirty two, personally appeared in open court before the Honorable Judge of the Court of Probate &c now sitting at Dighton in and for said County, Nathaniel Wial — a resident of Seekonk in said County, aged Seventy , 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 7th A. D. 1832.
THAT he was born at Rehoboth in said County — on the eleventh day of April A. D. 1762, and that there is a record of his birth in his family bible only: that he was in the United States service from the first day of July — A. D. 1778, to the first day of January A. D. 1779 as a volunteer in the Massachusetts State Troops — : that he was residing at Rehoboth aforesaid
when he entered the service; that he enlisted as a private and served for the period aforesaid under the command of Captain Caleb Richardson till after the retreat from Island of Rhode Island then under Captain Joseph Cole till the end of said service. Colonel John Jacobs, Lieutenant Colonel Pope, Major Brown in General Cowell's regiment : that he marched from Rehoboth to Fall River , from thence to Rhode Island from thence to Siverton & remained there in Swansey till end of 6 months : that he served at Rhode Island — with Colonel Suckerm's Regiment, & Col. Green's Regiment of the regular troops; and Colonel Livingston General Sullivan
The battle of Rhode Island regular officers were known to him: that he was in no battle regiment was not called into action during this service, but his and at the end of his service received no written discharge: that since the Revolutionary war he has resided at Seekonk & in that part of Rehoboth which is now Seekonk
ALSO: that he was in the United States service from the middle day of August A. D. 1779, to the middle day of September A. D. 1779 as a volunteer in the Massachusetts State Troops : that he was residing at Rehoboth aforesaid
when he entered the service; that he enlisted as a private for one month and served for the period aforesaid under the command of Captain Nathaniel Dyer of said Rehoboth & in Colonel Putnam's Regiment : that he marched from Rehoboth to Providence , where he remained engaged in building a fortification at Fox Point & guarding a prison  that lying near: that he served at said Place with none — of the regular troops; and Major Fish who was occasionally engaged in drilling our soldiers at this time a regular officer was known to him: that he was in no battle and at the end of his service received no written discharge.
ALSO: that he was in the United States service from the first part day of June A. D. 1780, to the fore part day of September A. D. 1780 as a volunteer in the Massachusetts State Troops : that he was residing at Rehoboth aforesaid
when he entered the service; that he enlisted as a Steward of the company and served for the period aforesaid under the command of John Perry Captain Amos Brown Lieutenant Philip Walker ensign in the regiment of Col. Mitchell Col. Jacobs Brigade : that he marched from Rehoboth to the Island of Rhode Island & was there stationed at a place called Butt's Hill for said 3 months: that he served at said Place with none — of the regular troops; and
no regular officers were known to him: that he was in no battle and at the end of his service received no written discharge.

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.
Sworn to and Subscribed the day and year first aforesaid.
Nathaniel Vial
We James O. Barney — a clergyman, residing in the town of Sukunk in Said County and Allin Hunt Esquire — residing in Said Sukunk hereby certify that we are well acquainted with Nathaniel Vial who has subscribed and sworn to the above declaration; that we believe him to be Seventy 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 as aforesaid.
H. Daryles, Judge of Probate
James O. Barney Allin Hunt
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 abovenamed applicant was a revolutionary soldier and served as he states. And the court further certify that it appears to them that James O. Barney — , who has signed the preceding certificate, is a clergyman, resident in the Sukunk ; and that Allin Hunt — who has also signed the same is a resident in Sukunk and is a credible person; and that their statement is entitled to credit.
H. Daryles, Judge of Probate
Anselm Basset  of the Register of the Court of  do hereby certify that within for the County of Bristol aforesaid do hereby certify the foregoing contains the original proceedings of the said court in the matter of the petition of Nathaniel  for a pension.  Vial for a pension
testimony whereof I hereunto set my hand and seal of office on the day and year aforesaid.
Anselm Basset

I, John Viall of Seekonk in the County of Bristol and Commonwealth of Massachusetts, of lawful age to give evidence being duly sworn according to law, do testify and say, that Nathaniel Viall now residing in said Seekonk on the first day of July A.D. 1778 enlisted into the Company commanded by Capt Caleb Richardson, M c Sheehan of Swansey Lieutenant, and Iabez Bullock of Rehoboth Ensign and Marched on to the north end of Rhode Island was then stationed in the Regiment of Col John Jacobs Lieut. Col Pope, and Major Brown in General Cornells Brigade and General Sullivans Division and there served until after the engagement with the British when the Troops retreated off of Rhode Island by way of Howlands Ferry and served around the shores until the first part of January A.D. 1779 making a term of service of Six Months , I at the same time was attached to the same Regiment as a Teamer
John Viall
Commonwealth of Massachusetts Bristol County ss
Seekonk August 15. A.D. 1832
Then personally appeared John Viall after being duly cautioned made solemn oath to the truth of the foregoing deposition by him subscribed
Before me Allen Hunt Just. Peace
Bristol ss November 9th A.D. 1832 I hereby certify that I am well acquainted with the above named John Viall, that his testimony in the premises is to be received as truth Allen Hunt Just. of Peace

Bristol ss.
Commonwealth of Massachusetts.
I Anselm Basset Register of the Court of Probate in and for said County hereby certify that Allin Hunt is a Justice of the Peace for said County and that the signature to the foregoing Affidavit purporting to be his, is his genuine signature.
In testimony whereof I have hereunto set my hand and the seal of said Court this twelfth day of November eighteen hundred thirty two.
Anselm Basset

I John Coomer of Seekonk in the County of Bristol and Commonwealth of Massachusetts of lawful age to give evidence being duly cautioned and sworn according to law do testify and say that, in the first part of the Month of June in the year A. D. 1780 Nathaniel Pierce now living in said Seekonk did enlist into the Company with me then commanded by Captain John Perry, Lieutenant Amos Brown, and Ensign Philip Walker, and Marched to Rhode Island & was stationed at a place called Beeth Hill on said Rhode Island and served with me three months at the aforesaid place, in the Regiment commanded by Col. Mitchell, Lieut. Col. Richardson and Maj. Clapp; the Brigade commanded a part of the time by General Heath, and a part of the time by Col. Jacobs of Situate Mass. — his John Coomer Witness Almon Hunt
Commonwealth of Massachusetts Bristol County ss
Seekonk August 14. 1832 Then personally appeared John Coomer who after being duly cautioned made oath to the truth of the foregoing deposition by him subscribed before me Almon Hunt Just. Peace.

Bristol ss November 9 th A. D. 1832
I hereby certify that I am well acquainted with the within named John Coomer, that, he is a man of truth and a credible Witness in the premises
Allen Hunt, Just. of Peace
Bristol ss.
Commonwealth of Massachusetts.
I Anselm Bassett, Register of the Court of Probate in for said County hereby certify that Allen Hunt is a Justice of the Peace for said County of Bristol, and that the signature to the foregoing Affidavit purporting to be his is his genuine signature.
In testimony whereof I have hereunto set my hand and seal of said Court this twelfth day of November eighteen hundred & thirty two —
Anselm Bassett

I, Joel Brown of Seekonk, in the County of Bristol and Commonwealth of Massachusetts, of lawful age to give evidence being duly sworn according to law, do testify and say, that Nathaniel Paine now living in said Seekonk died in the Month of August in the year A.D. 1779 enlist into the Company commanded by Captain Nathaniel Dole of Rehoboth, and to Providence and served one Month with me in Colonel Putnam's Regiment, repairing and building fortifications, at a place called Fox Point and guarding a Prison Ship then lying in the River near Fox Point at said Providence
Joel Brown
Commonwealth of Massachusetts Bristol County ss.
Seekonk August 14. A.D. 1832
Then personally appeared Joel Brown and Made Oath to the truth of the foregoing deposition by him subscribed
Before Me Albin Hunt Just. Peace
Bristol ss November 9 th A.D. 1832
I hereby certify that, I am well acquainted with the above named Joel Brown, that he is a man of truth and a credible witness in the premises
Albin Hunt Just. of Peace

Commonwealth of Massachusetts —
Bristol ss.
I Anselm Bassett, Register of the Court of Probate in for said County, hereby certify that Allin Kount is a Justice of the Peace for said County of Bristol, & that the signature, to the within affidavit, purporting to be his, is his genuine signature.
In testimony whereof I have hereunto set my hand & the seal of said Court this twelfth day of November, eighteen hundred & thirty two —
Anselm Bassett

Arthur Viall
No 2747.
Forwarded by C. J. Gaspere Hugh W. Clapp.

BRIEF objections to the admission of Pension Claims, of which those answered in the negative, in red ink, will apply to the claim of Nathaniel Viall which require further proof or explanation.
I. Does the declaration show where the applicant resides? Yes
II. Did the declarant make the declaration in the county where he resides? Yes
III. If the applicant did not make the declaration in the county where he resides, is there any reason assigned for his not doing so? Yes
IV. Has the declarant mentioned the period or periods of the war when he served? Yes
V. * Has he mentioned 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? Yes
VI. Has he given the names of the officers under whom he served, in conformity with the regulations? Yes
VII. Has he made a relinquishment of every claim to any other pension than the one under the Act of June 7, 1832? Yes
VIII. Has the Court given their opinion? Yes, in Mr. Paver
IX. Has the Clerk given his certificate? Yes
X. Is the Clerk's seal affixed? And if so, has it a device or inscription by which it can be distinguished from any other seal? Yes, with an inscription

XI. Has the applicant obtained the evidence of a clergyman and another respectable citizen as to their belief respecting his age and the general belief in his neighborhood relative to his revolutionary service? yes XII. If the clergyman's affidavit has not been produced, is there any reason assigned for not obtaining it? XIII. If the applicant has no documentary evidence, and has not obtained the testimony of at least one living witness, has he stated in his declaration that such proof cannot be had? XIV. † If the applicant has produced a witness or witnesses as to his service, has the magistrate who administered the oath certified that he, she, or they are persons of credibility? no XV. Does it appear from any of the papers that the witness was in such a situation, or of such an age, as to have a personal knowledge of the applicant's service? yes XVI. ‡ Are the papers authenticated as the regulations direct? no XVII. Are the seven interrogatories prescribed by the War Department answered satisfactorily? And, if not, which of them is not so answered? yes
EXPLANATORY NOTES.
* QUERE V. 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 not 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.
† QUERE XIV.  Proof of Service.
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 claimants 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 affidavits must be properly authenticated, as above directed.
‡ QUERE XVI.  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 paper 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.

Brief in the case of Patience Hall wid of Nathaniel County and State of Massachusetts act 29 July 1848
Claim, ("original," or "for increase." )
Proof exhibited, (if original.)
Is it documentary, traditionary, or supported by rolls? If either, state the substance.
Husband has a pension act June 7 1842
Proof papers Recd
(If for increase.)
Has additional evidence been filed since the admission of the claim? If so, what?
Thomson Lipton
Examining Clerk.
Name and residence of Agent Benj C. Russell Esq Providence RI

Providence Sept 24 1852
Sir
I herewith enclose the application of Patience Viall for a pension under the act of July 29 1848 - Her husband was pensioned under act of June 7 1832
I am Respectfully Your obt Servt Benja Lowell
Jas. L. Heath Esq

Patience Viall Widow of Nathaniel adm? Mass 29 July 1848 10 mo pri $33.33 per annum from March 1848 25 Jany 1852 when her husband died
cert to Benj Cowell Esq Providence RI

M rs Randall

Pension Office Feb'y 9 1853
Mass Rolls act June 7 1832 } Nathaniel Hall $33.33 per ann } In what time paid? To Disbursed
J. J. Gallaher Esq 3 rd Auditor
Died 25 th January 1852 Paid to his death.
B. J. B.

Lucy WIDOW, &c.
File No. 3740
Patience Pratt Widow Nathaniel Pratt Rev. Rev. War
Act: July 29/1818
Index:—Vol. 22 , Page 300
[Arrangement of 1870.]

95-337
Hand
P Waldo Commish of Wash

✓ 26,280
5 New Am.

Providence April 13 1855 Sir
I herewith enclose the claims of Patience Hale widow of Nathaniel Charlotte Hathaway widow of Isaac Patience French widow of Elkanah & Mary Ann Thumber widow of Benjamin for Bounty lands under the act of March 3 1855. Their ages united amount to three hundred & fifty seven years! If it was intended by Congress that such aged & venerable widows should be benefited by the above mentioned act, their claims ought to take precedence in the examination for allowance.
I am respectfully your asst. Secy Betsy Lowell
Hon L. P. Waldo