Revolutionary War Pension and Bounty Land Warrant Application File S. 42596, John Viall, R.I.

SERVICE
R. G.
Vial, John.
NUMBER _____
S. 42596
CONTENTS

{ Lett to Jon a Garbell } { May 20, 1850. }
Let P. E. Harris Oct. 22/51
S. C. Duzer Sep 23 1852
C. Henton 10 July 1854.
19.259 a
New York
John Viall
of Essex Co in the state of N. Y. who was a Private in the Regt commanded by Captain Deming of the regiment commanded by Colonel Richmond in the R. Island line, for the term of 1 year. 1776.
Inscribed on the Roll of New York at the rate of 8 Dollars per month, to commence the 16 of April 1824.
Certificate of Pension issued the 19 th of May 1824 and Double
H. C. Martin adms. H Rep
Vagabond Part of Semi-ann. all'ce ending Sep 1824 $ 37. 6 $ 37: 6
{ Revolutionary claim, Acts March 18, 1818, and May 1, 1820. }
March 1. 1823.

State of New York
County of Essex } ss John Violl of Essex in the County of Essex and State of New York being duly sworn says that he is the son of John Violl late of said town of Essex deceased. That the said John Violl sometime soon after the passage of the act intitled "An act to provide for certain persons engaged in the Land & Naval service of the United States in the revolutionary war, passed the 18 th of March A D 1818, applied for a pension under said act on account of services rendered by him in the Revolutionary War That said application was delayed for want of proof ( on account of the want of proof ) until the year A D 1824 - when the said John Violl died, that soon after his death his pension was granted & a certificate sent him - That said Certificate is now lost or destroyed. This deponent has himself searched diligently for the said Certificate & has employed others to search for it in any and every place where the same might be supposed to be and the same cannot be found. This deponent further saith he makes this affidavit for the purpose of obtain- -ing from the Commissioners the date of the said certificate & the time when his pension commenced so that this depo- nent shall be able to make application for the arrears arrears due at the time of his father's decease -
Sworn & subscribed before me this fourth eighth day of July 1854
John Violl
Chauncy Anton justice of the Peace

1 st Schedule.

State of New York
Erie County ss. }
on the nineteenth day of January in the year of our Lord one thousand eight hundred & twenty one personally appeared John Wall aged the Court of Common Pleas for the County of Erie and a court of record for said County John Wall aged sixty three years resident in the town of Elma in the said County who being first duly sworn according to law deposited on his oath declared, that he served in the revolu- tionary war on the Continental establishment as follows to wit that he the said John Wall enlisted for the term of one year on the 18 th day of January 1776 in the then town of Swansea in the State of Mas- sachusetts in the Company of Infantry commanded by Capt Benjamin Derring of the Regiment comman- ded by Colonel Richmond in the line of the State of Rhode Island on the Continental establishment that he continued to serve in said Company in the ser- vice of the united States until the 18 th day of Jan- uary in the year 1777. when he was discharged from the service in the town of Bristol State of Rhode Island and that he was sick on the day on which the term of his en- listment expired and unable to march to the place at which the company was discharged, consequently never received any written discharge
and that in the month of June or July in the year 1777 or 1778. he again enlisted for the term of

nine months in the then town of Swansey in the State of Massachusetts (now town of Sumner) in the in the company of artillery commanded by Joshua Sawyer of the Regiment commanded by Colonel Robert Elliot of the State of Rhode Island Troops on the continental establishment that he served his term of time for which he enlisted and was dis- charged from the service in the town of Warren State of Rhode Island but did not receive a Written discharge but for what reason this deponent does not now recollect and that the date of his original declaration was the 8 th day of April 1818 which declaration was forwarded to the Secretary of the war department and is lost as will appear by the documents herewith forwarded which have been returned from the Pension office for further proof And I John Hall do solemnly swear that I was a resident citizen of the United States on the eighteenth day of March one thousand eight hundred and eighteen and that I have not by gift sale since that time by gift sale or in any manner whatever disposed of my property or any part thereof with intent thereby so to diminish it as to bring myself within the provisions of an act of Congress entitled an act to provide for certain persons engaged in

The land and naval service of the United States in the Revolutionary war passed on the eighteenth day of March one thousand eight hundred & eighteen and that I have not nor has any other person in trust for me any property or securities, contracts or debts due to me nor have I any income other than what is contained in the schedule herunto annexed and by me sub- scribed. A schedule containing the estate and in- come of John Hall his necessary clothing and bed- ding excepted viz, one old house worth ten dollars two cows worth twenty four dollars, one yoke of oxen worth fifty dollars fourteen sheep worth fourteen dollars a piece of fifty acres of land, for which a bond and mortgage was given for the whole amount and on which nothing is paid, obligations to the amount of about ninety dollars and debts due from to me to about fifty dollars, one colt worth twenty dollars Grain $6. 2 hats $4, hay worth $30 kettles pails knives & forks ten dollars in all amount- ing to one hundred & eighty eight dollars and the said John Hall declares on oath as aforesaid that he is a farmer by occupation that his infirmities of age render him unable to labour as formerly but that he can yet labour some though not so as to support himself wife & children that his family consists of himself and his wife aged fifty one years three daughters aged eleven sixteen & eighteen one son about nine and one grand son aged about five years.
Sworn to and declared this ninth day of January 1821 before the Open Court upon Thos Stover
John Hall

Ely county } Clerks office ss. }
I Ashley Dond Deputy Clerk of the county of Ely and of the court of Com- mon Pleas aforesaid certify that the fore- going oath & the schedule thereto annexed are true copies from the records of the said court and I further certify that it is the opinion of the said court; that the total amount in value of the property exhibited in the aforesaid schedule is one hundred and eighty eight dollars
In testimony whereof I have hereunto set my hand and affixed the seal of the said court on this 17 th day of February 1821. (In the absence of Thos. Stower Clerk)
Ashley Dond Dep. Clerk
1st. Schedule.

John Vasall

State of New York Essex County ss On the twenty first day of March in the year of our Lord 1820 before me David B McNeil one of the Judges of the Court of Common Pleas for the County aforesaid personally appeared John Viall of the town and County of Essex in the State aforesaid aged Sixty two years and about seven months who being by me first duly sworn according to Law doth on his oath make the following declaration in order to obtain the provision made by the act of Congress en- titled "An act to provide for certain persons engaged in the land and Naval Service of the United States in the Revolutionary war" that he the said John Viall enlisted for the term of one year on the 18th day of January 1776 in the (then) town of Swansey in the State of Massachusetts in the company of infantry by Captain Benjamin Deming of the Regiment commanded by Colonel — Richmond in the line of the State of Rhode Island on the continental establishment; that he continued to serve in said Corps; or in the service of the United States until the 18th day of January in the year 1777 when he was discharged from the service in the town of Bristol in the State of Rhode Island; and that he was sick on the day on which the term of his enlistment expired and unable to march to the place at which the company were discharged consequently never received any written discharge — and that in the month of June or July in the year 1777 he again enlisted for the term of nine months in the (then) town of Swansey in the State of Massachusetts (now town of Somerset) in the company of United States artillery commanded by Joshua Sawyer of the Regiment commanded by Colonel Robert Elliot of the State of Rhode Island Troops on the continental establishment that he continued to serve in said Corps or in the service of the United States until December 1777 or January 1778, when he was discharged from the

Service in the town of Warren State of Rhode Island; but did not receive a written discharge but for what reason on this deponent does not now recollect - That he was in the battle fought upon Rhode Island - and is in Reduced Circumstances and stands in need of the assistance of his Country for support - And that he made a previous declaration before the Honble Reuben Whallon (then) one of the Judges of the Court of Common Pleas of said County but now out of Commission on the 8th day of April 1818 which from information from the Division office he believing to be lost and that he has no other evidence now in his power of his said services except the affidavit of Benjamin Viall which is to be transmitted to officer of the Secretary of War with this declaration -
Sworn to and declared before me the day and year aforesaid D r M c Neil Judge of the Court of Common Pleas of the County of Essex -
John Viall
I David B M c Neil one of the Judges of the Court of Common Pleas as aforesaid do certify that it appears to my satisfaction that the said John Viall did serve in the Revolutionary War, as stated in the preceding declaration against the common enemy for the term of nine months at one time, on the continental Establishment. I am also satisfied that he did make a previous declaration before Reuben Whallon Esquire late a Judge of the Court of Common Pleas for the County of Essex now out of Commission on the 8th day of April 1818 - And that he needs the assistance of his Country for support - And I now transmit the proceedings and testimony, taken and had before me to the Secretary for the

Department of War, pursuant to the directions of the aforementioned act of Congress - dated this 21 st day of March in the year 1820
D. B. McNeil Judge of the Court of Common Pleas of the County of Essex.
I Ruben Whallon of the town and County of Essex late a Judge of the Court of Common Pleas for said County do certify that on the 8 th day of April in the year 1818 John Viall the person named in the preceding declaration or affidavit did personally appear before me (then a Judge as afore- said) and make a declaration to obtain the provisions of the act entitled "an act to provide for certain persons engaged in the Land and Naval Service of the United States in the Revo- lutionary war" which declaration was by me forwarded without delay to the Secretary for the Department of War - and I understand is now lost - dated March 23 rd 1820.
Ruben Whallon

I Thomas Storer clerk of the county of Essex do certify that I am acquainted with the hand writing of David B. Mc Neil one of the Judges of the Court of Common Pleas for the said county and do well know the signature D. B. Mc Neil subscribing to the within declaration and Certificate to be in his own proper hand writing, and I do further certify that on the 25 th day of March within the year he was one of the Judges as aforesaid duly qualified and sworn. And I do further certify that the signature subscribed to the annexed affidavit of Benjamin Kiell of D. B. Mc Neil as also to the certificate upon the same are in his own proper hand writing. And I do further certify that I am acquainted with the hand writing of Reuben Whallon Esquire late one of the Judges of said county and do know the his name to the within certificate to be in his own proper hand writing - and that he was one of the Judges of the Court of Common Pleas of said county and duly authorized to act as such on the 18 th day of April 1818
In witness whereof I have hereunto set my hand and affixed the seal of the Court of Common Pleas of said county this 25 th day of March in the year 1820 Thos. Storer Clerk

On the thirteenth day of December in the year 1820 personally came before me, David B ell McNeil one of the Judges of the Court of Common Pleas of the County of Essex State of New-York Benjamin Viall of said County to me personally known, who after being by me duly sworn according to Law doth upon his oath make the following decla- -ration, that he now is and ever hath been since his childhood acquainted with John Viall now of the County of Essex in the state of New-York, but formerly of the State of Rhode Island. That he knows that John Viall enlisted into the Continental service in the beginning of the year 1776 for one year, the month, according to the best of his recollection was January, into a Company commanded by Capt t Derrin in Colonel Peckmounds Regiment of Rhode Island Troops. That during the summer of the said year, he visited him at New-Port and saw him doing service in said regiment, and that in the beginning of the year 1777. he returned to his Fathers House after having served the term of his enlistment. and that he was sick and in an infie ld state on his said return, and that the said John Viall afterwards enlisted into Capt t Sawyers Company of Artillery of

Colonel Robert Elliott's Regiment of Rhode Island Troops. And that from his acquaintance with the said John, and his own knowledge of most of the circumstances sets forth in his declaration hereto annexed he does believe all the matter there set forth to be true.
Sworn to and subscribed before me this 30 th day of December 1870 D. B. McNeil Judge of Essex County Com. Pleas -
His Benjamin Viall mark
I David B McNeil the person before whom the within declaration of Benjamin Viall was sworn to and declared do hereby certify that I am acquainted with the said Benjamin Viall and believe his statement within made to be true, having perfect confidence in his truth and veracity. In testimony whereof I have hereunto set my hand this thirteenth day of December 1870.
D. B. McNeil Judge of Essex County Com. Pleas.

State of Ohio ss  ss come personally before me one of the associate judges Stark County ss in and for the County of Stark Abraham Vial who on his solemn oath deposeth and saith that this deponent was acquainted with John Vial of Essex County in the State of New York that he knows that John Vial did serve in the revolutionary war under the command of Captain Deman in the 2nd Field Troops for the term of one year previous to the year 1778: but cannot tell the date of his discharge but this deponent recalls that the said deponent was present in the Spring of 1778 in Swasey in Massachusetts when the said John Vial first arrived there This deponent being at the same time in the service himself and in the company of Captain Sawyer in Col. Eustis Regiment of artillery that the said John Vial

testled in the same company and that the deponent served in the same company with the said John Vial for about a year when the deponent and the said John Vial was both discharged on the 16 th day of March in the Year 1779 - and further the deponent saith not sworn and subscribed before me this 10 th day of April in the Year of our Lord 1820.
Abraham Vial
Saml South  separate Judge
I do certify from a partial acquaintance with the above deponent as far as I know I believe him to be a man of truth and veracity
Saml South  separate Judge

Stark County Ohio
In testimony that the within signed Samuel Wootten Esq is now one of the Associate Judges in and of said County Commission and duly qualified to act as such
Seal of said County at Canton this 16th day of April 1820
here to sign my name and affix the
C. H. Hays for C. H. Hays Clerk

John Vial of Certificate Schedule to be the Clerk
[Faint, mirrored handwriting from the reverse side of the page]
[Faint, mirrored handwriting from the reverse side of the page]

State of New York Essex County ss 3
On this fourteenth day of January in the year of our Lord, One Thousand eight hundred twenty three, personally appeared in open Court, being the Court of Com. Pleas for the County of Essex and a Court of record for said County, John Veall aged Sixty three six years, resident in the town of Essex in the said County, who being first duly sworn according to law, doth on his oath declare, that he served in the revolution war, as follows to wit in Col. Richmond's Regiment of Rhode Island Troops, Continental service, in company of Infantry commanded by Capt. Deming for twelve months. That he afterwards served for nine months in the Continental service, in Capt. Sayer's Company of Artillery, of Col. Elliot Reg- ment of Rhode Island Troops. Declaration and the date of his original, is the eighth day of April 1818 or thereabouts, forward with other documents, and now remains at the Pension Office as he verily believes
And I John Vial do solemnly swear that I was a resident Citizen of the United States on the eighteenth day of March One Thousand eight hundred and eighteen, and that I have not since that time, by gift sale or in any manner whatever disposed of

my property or any part thereof with intent thereby, so to diminish it as to bring myself within the provisions of an Act of Congress entitled an Act to provide for certain persons engaged in the Land and Naval service of the United States in the Revolutionary War passed on the eighteenth day of March, One Thousand eight hundred and eighteen. And that I have not, nor has any other person in trust for me any property or securities, contracts or bills due to me nor have I any income, other than what is contained in the Schedule annexed, and by me subscribed, to wit:
4 Schedule
Containing the Estate and income of John Viall, his necessary Clothing and bedding excepted. viz 1 Cow at 13 dollars, 1 Old mare 10 dollars, one yearling Heifer 5 dollars, 12 Sheep 12 dollars. 4 Iron Kettles 5 dollars. In wood Old Chairs 2 dollars. In wood Old Knives Forks 1 dollar 3 Pails 1 dollar. Pine Table 1 dollar. Amounting to Fifty Dollars. That I am about Forty Dollars, and have owing to me about Twenty Dollars.
I further certify that I am afflicted with the Rheumatism, so much so, that for a part of the last year I have had to require aid to put on my clothes. That I have no income except what I derive from the labour of my hands when I am able to labour.
And I, the said John Viall do further swear
3rd Schedule

that I have a Wife aged about fifty four years, Three daughters one son & one grand son for whom I have to provide, and three daughters who are married.
John Vaw
Sworn and declared in open Court on the 11th day of Jan'y, 1823.
Ashley Pond Clerk
State of New York
Essex County Clerk's office
I Ashley Pond Clerk of the Court of Common Pleas of the County of Essex do hereby certify that the foregoing draft & the Schedule hereto annexed are truly copies from the records of the said Court, and further certify that it is the opinion of the said Court, that the total amount in value of the property exhibited in the aforesaid Schedule is fifty dollars.
In testimony whereof I have hereunto set my hand & affixed the seal of said Court on the 21st day of January 1823.
Ashley Pond Clerk

May 15, 1931.
Mr. Charles Shepard, 711 Wilder Building, Rochester, New York.
Rev.&1812 Wars Section. ADY
Dear Sir:
You are advised that it appears from the papers in the Revolutionary War pension claim, S.42596, that John Viall enlisted in Swansea, Massachusetts, January 18, 1776, served in Captain Benjamin Deming's Company, Colonel Richmond's Rhode Island Regiment and was discharged January 18, 1777.
See Heitman page 483.
He enlisted in June or July 1778, served nine months in Captain Joshua Sayer's Company, Colonel Robert Elliot's Rhode Island Regiment and was in the battle of Rhode Island.
Pension was allowed on his application executed March 21, 1820 at which time he was a resident of Essex, Essex County, New York and aged sixty-two years and seven months.
He died in 1824, place not stated.
In 1821 he referred to his wife then fifty-one years old, three daughters aged eleven, sixteen and eighteen years, a son aged nine years and a grand-son aged five years. In 1823 soldier stated that he also had three married daughters. No names are stated other than that of son John who was a resident of Essex, New York in 1854.
Very truly yours,
E. W. MORGAN, Acting Commissioner.

July 27/52
Rel: to John Biall del
John Biall Washington

Albany, H. Roll. Act 18 March 1818.
John Viall, Pri.
To what time last paid?
Ans. Does not appear as ever paid.

John Viell N.Y. 5/18 m
Cal
J. Walter
Deane museum Washington J.P.

FREE
Hon. J. L. Edwards Com tee of Pensions Washington D.C.
MS. A. 9. 2. 22

Hon. J. S. Edwards Commr of Pensions. Washington.
D.C.
Sir,
About May 1824, John Vial, obtained a certificate for a Pension. Very soon after, & before he drew the pension, he died. The business was done by W m D Ross Esqr. & he is since deceased. For these reasons, & being also ignorant of their rights, the heirs have neglected their duty to the present time, and now the certificate cannot be found.
I write you by request of the heirs to know whether they can now obtain the amt. allowed on the application of the ancestor, & for such information, & direction as you may be fit to give.
Yr. Mt. Servt.
Mrs: Tuckell Port Henry, Essex County N.Y. May 6. 1850

Com. Pensions
May 1852
John Val

Pension Office, May 20 th 1850.
Sir, In answer to your letter respecting the case of John Viall, formerly of Essex County New York, I have to inform you that, it appears from the Books at the Office of the Third Auditor of the Treasury, that he never was paid any part of his stipend, ~
The heirs are entitled to the arrears due from the 18 th of April 1824 to the time of his decease, ~
I enclose printed instructions for their guidance. ~
I am, Very Respectfully Your Ob d Serv t !
J L Edwards
Commissioner of Pensions
Jonathan Farbell Esq Port Henry Essex Co. N.Y.

Essex N.Y. Sept 29. 1857
Hon. J. L. Edwards, Commissioner of Pensions, Sir
The Viall family in this (Essex) County have employed me to assist them in obtaining the arrearsages of pension due them as heirs at Law of John Viall deceased. Col. Tarbell in whose hands the matter was at first placed has retired from professional business, the enclosed line sent to him in answer to his inquiries he has forwarded to me but the printed instructions alluded to he has lost or mislaid. Will you be kind enough to forward a copy of said instructions to me & also give me information as to the following
1. How large a yearly stipend was said Viall entitled to? - 2. Will interest be allowed on the arrears? 3. Will the widow draw during the time she survived her husband? If so what amount yearly -
I am not much conversant with the pension laws, or I should not trouble you with these inquiries -
By sending me the said instructions with the information solicited you will much facilitate my efforts in getting said arrears for a large & respectable family to some of whom it will be a much needed relief
Yours truly P. C. Havers

I Joseph Threeshear of Rehoboth in the County of Bristol and Commonwealth of Massachusetts Subj c of Lawfull age and in capacity to give Evidence on Oath Do testify and say that I knew one John Viall Now of the County of Inere and State of New York but formerly of the State of Rhode Island that in the beginning of the year of Seventeen hundred and Seventy five the said John Viall entitled into a Company of Infantry commanded by Capt t Doring and Lieut t Phillip Grafton in Colonel Richmon d Regiment of Rhode Island Troops in the twelve South Service and according to the best of my Recollection that the said John Viall served his time out and had an honorable Discharge for I little know, I being in the same Regiment one year with said Viall and further avow the Deponant saith Not Signed in presence of us the 16 day of April 1824 Joseph Threeshear  his Mark
Stephen Moulton Amos Bosworth
Bristol Ss. April 16 day 1824 Then personally appeared Joseph Threeshear and made oath that the above Instrument by him subscribed by his mark or cross was the truth before me Ezra Bliss Justice of the Peace
N.B. I hereby certify that by the best information and being some acquainted with said Threeshear that he is a Man of truth and veracity
Ezra Bliss

I James Sproat Esq. Clerk of the Courts for the County of Bristol, in the Commonwealth of Massachusetts, do hereby certify, that Horace Bliss, Esq. whose name is subscribed to the within instrument, is a Justice of the Peace within the said County of Bristol, duly appointed & qualified; and that full faith & credit is to be given to his acts & attestations as such Justice of the Peace. And I do further certify that the name subscribed to the foregoing paper appears to be his signature in my hand, & the seal of said Court, this twenty-first day of April, in the year of our Lord, Eighteen hundred and twenty four.
J. Sproat Esq. Clerk of the Courts for the County of Bristol

John Viell Larp D
Mr Martindale
Esq. Town & County
Hon. H. C. Martindale H. R.

Commonwealth of Massachusetts Rehoboth, Bristol ss
Joseph Threshear on the seventeenth Day of January one thousand eight hundred and Twenty four Aged Twenty years, being Duly Sworn, says that he was Acquainted with Mr John Viall, and that he knows that he served in the Army in the year service, and he Believes that he served the Vermont in the year one thousand seven hundred & Twenty Six and Twenty Seven, in the Company of Commanded by Capt Dimes, in Colonel Peckmonds Regiment of Rhode Island Troops
Attest Amos Bosworth
Joseph
his X Threshear mark
Commonwealth
Commonwealth of Massachusetts
Bristol ss Joseph Threshear, on this Seventeenth Day of January one thousand eight hundred and Twenty four, Personally appeared the above named Joseph Threshear, and known to me the subscriber one of the Justices of the Peace in and for said County being Cursfully Cautioned and Examined made Oath that the above by him subscri- bed was the Truth.
Stephen Moulton Justice of Peace

Commonwealth of Massachusetts.
Bristol ss:
I James Sprague Clerk of the Judicial Courts for the County of Bristol, do hereby certify, that Stephen Moulton Esquire, whose name is subscribed to the within paper, is a Justice of the peace for the said County of Bristol, duly commissioned & qualified to act as such, within the said County, and that full faith & credit is & ought to be given to his acts & attestations as such Justice of the peace: and I do further certify that the signature to the within paper appears to be his hand writing.
In testimony whereof, I have hereunto set my name, & caused the seal of said County of Bristol to be affixed, this
Tuesday Nineteenth day of January, in the year of our Lord one thousand eight hundred & thirty four
J. Sprague Clerk of the Judicial Courts for the County of Bristol.

Essex N.Y. May 8.
free -
Hon. H. C. Martindale
U. S.
Washington City.

Essex N.Y. May 8. 1824
Sir,
Your favor enclosing a letter to you, from the War Department, relative to the claim of John Viall for a pension, was duly received. In consequence, Mr Joseph Thrasher of Bristol, has been again called on, and I herewith forward his deposition which is more particular than the last and which I trust will, now, prove satisfactory to the Secretary of War.
I also enclose a letter from D. L. Edwards Esq. of the 15 th May 1823, by which you will observe that all that was then deemed necessary to entitle him to a pension, was the testimony of an other witness, to prove his service in Richmond Regt. Shall I be too presuming, in again asking your attention to this claim?
I am, respectfully
Yr. Obs t Serv t .
Ebenezer Dyer

16,767. V
Essex N.Y. March 24.
John Diall,
Emma Coates, Essex, N.Y.
Recd. 3 rd April 1823.
Suspended for the evidence of another witness as to service in Richmond, Regt. See letter 15 May 1823.
Washington City
Pension Office
Washington
Nov 11
H. C. Martindale
to Rep.
July 10. 1824.

Ebenezer Dyer. March 24. 1823
Sir,
In consequence of the passage of the late Law relative to Revolutionary Pensioners, I now enclose the Schedule of John Viall. The papers proving his right to be placed on the Pension, Roll have been submitted to you, and are now in your Office.
Respectfully I remain,
Sir, yr. h. b. S r .
Ebenezer Dyer
The Hon ble P. C. Calhoun.

War Department, Pension Office, 15 th May 1823.
Sir,
The documents in the case of John Viall have been again examined, and found insufficient to authorise the admission of his claim to a pension. His service in Elliot's regiment does not entitle him to a pension, and his service in Richmond's regiment is proved by one witness only. Our regulations require it to be proved by two credible witnesses. It will be necessary, therefore, that he prove his service for nine months in 1776, in Richmond's regiment, by another witness, whose credibility must be certified by the magistrate before whom he may make his affidavit. The official character and signature of the magistrate must be properly authenticated. Mr Viall's papers will remain on our files, until he shall have exhibited the evidence required.
I am, respectfully, Yr Obt. Servt. J. L. Edwards
Ezra Coates, Esqr. Essex, N. H.

Emy N.Y. June 17
Recd 28 June 1822
free
The Hon. John C. Calhoun.
Secretary of War.
Pension Office
Washington City

N.Y. 7 Essex June 15, 1822
Sir,
Under date of the 28 th April last Mr Walworth the Representative to Congress from this district informed me he had received an answer to an application for a pension for John Viall, forwarded by me to him, some time since. viz "John Viall's claim has been once rejected "on account of the amount of his property as "exhibited in his first schedule, his claim cannot "now be admitted, unless he will satisfactorily "account for the diminution of his property "since making the first schedule" Enclosed you have the affidavit of Henry Roth and the said John Viall, which I presume will satisfactorily account for the diminution of his property, since making the first schedule.
There is not probably an Individual whose present situation requires more the stipend allowed by Government to Revolutionary Soldiers than the present, and really hope and trust
that this application will now prevail.
With great respect, I remain
The Hon ble John C. Calhoun,
W. L. St. Ezra G. Root

I Henry Roth of Essex, County of Essex and State of New-York, Depose and say: that in the month of September in the year one thousand eight & eighteen, I sold a farm and received in payment, John Viall ( of some place ) bond and mortgage for the whole amount of the purchase money, payable in two years from that time, which, in consequence of sickness in his family, and being unable a part of the time to labour himself, from rheumatic pains, and his failing in receiving the pension to which he considered himself entitled, he was unable to pay. I therefore in consideration of his paying me the interest which was due on his bond, agreed to receive the land back again - and accordingly he paid me the interest which was due, and reconveyed to me the land. And further saith not. Sworn and subscribed this Henry Roth  27th - day of June, one thousand eight hundred twenty two before me E. A. Hawley Just. Peace Commissioner

I John Viall of Essex, County of Essex, State of New-York, before and say, that in the month of September One thousand eight hundred eighteen. For and in consideration of a parcel of Land from Henry Roth, I gave my bond and mortgage for the whole amount of the purchase money, payable in two years from that time, that in consequence of sickness, in my family, and rheumatic disabilities in myself, which disabled me from labour a part of the time - and from disappointment in receiving the pension to which I considered myself entitled. I was unable to pay, therefore to avoid the expense of foreclosing the mortgage, & despairing of being able to pay the amount of the same, I was induced to pay to the said Henry Roth the interest which was was due, and to reconvey to him the land, which has reduced me to indigence as will more fully appear by the schedule forwarded to the Pension Office in January last.
John Viall
Sworn and subscribed this 7 th day of June 1822 before me.
Thos. A. Hawley Just. Peace & Coroner's Secy

State of New York } Essex County } ss.
I Ashley Pond Clerk of the County of Essex aforesaid, Certify, that Henry A. Hawley Esquire, before whom the within affidavits were made, was at the time the same bear date, a Justice of the peace in and for the County aforesaid. And further that I am acquainted with the hand writing of the said Justice of the peace, and verily believe that the within signatures of "H. A. Hawley" are in his own proper hand writing.
In testimony whereof, I hereunto subscribe my name and affix the seal of said County at Elizabethtown June the 11 th day of June 1822
Ashley Pond Clerk

John Niall South & Surryton 2 Schedule 3

State of New-York Essex County - ss.
On the eighth day of January, in the year of our Lord One Thousand eight hundred and twenty-two personally appeared in open Court being the Court of Common Pleas for the County of Essex, and a Court of record for said County, John Vial aged Sixty four years of age, resident in the Town of Essex in the said County, who being first duly sworn according to Law, Doth on his oath declare, that he served in the Revolutionary War as follows, to wit in Captain Demings Company of Infantry in Colonel Richmonds Regiment of Rhode Island Troops, that he served in said Regiment twelve months, that he afterwards enlisted into the Company of Artillery commanded by Captain Sawyer of Colonel Robert Elliotts Regiment Rhode Island Troops in which company he served Nine months, as will more fully appear by his original declaration forwarded some time since, and is now in the pension office at Washington And I John Vial do solemnly swear, that I was a resident citizen of the United States on the eighteenth day of March, One Thousand eight hundred and eighteen, and that I have not since that time, by Gift-sale, or in any manner disposed of my

property, or any part thereof with intent thereby so to diminish it, as to bring myself within the provisions of an Act of Congress entitled "an Act to provide for certain persons engaged in the Land and Naval service of the United States in the Revolu- tionary War" passed on the eighteenth day of March One Thousand eight Hundred & eighteen, and that I have not nor has any person in trust-for me, any property or securities, contracts or debts due to me, nor have I any income other than what is contained in the Schedule hereto annexed and by me subscribed, to wit,
A Schedule containing the Estate and Income of John Viall, his necessary Clothing and Bedding excepted - viz.
1 Goke of Steers $40. 1 Cow $12. an old mare & Colt $30. 1 Yearling & 10 Sheep $15. 5 Tons Hay $30. about 30 Bushels of Rye & Wheat $25. 4 Kettles $5.25. Plates, Knives & Forks, Pine Tables Chairs $2.75. From which is to be deducted Twenty five dollars the amount of debts, which I justly owe thereby leaving Eighty-five dollars in property. And I the said John Viall do further swear that I have a Wife aged Fifty two years in a very weakly state of Health, three daughters of the ages of thirteen, seventeen & nineteen years of age and a son aged ten years and a Grandson aged Five years. I further swear that I am subject to Rheumatism, which some

times disables me from labour.
Sworn to and declared in Open Court on the John Viall 8 th day of January 1822 P P Ashley Pond Clerk
I Ashley Pond Clerk of the Court of Common pleas held in & for the County of Essex in the State of New-York, do hereby certify that the foregoing Oath & the Schedule thereto annexed are truly copied from the words of the said Court. And I further certify that it is the opinion of the said Court, that the total amount of the property exhibited in the aforesaid Schedule is eighty five dollars P P
In testimony whereof I have hereunto set my hand and affixed the seal of the said Court this eighth day of January One thousand eight hundred & twenty-two.
Ashley Pond Clerk

DEPARTMENT OF THE INTERIOR,
BUREAU OF PENSIONS.
S.F. 425-96
Washington, D. C., _____, 19_____
In reply to your request of _____, received _____ for a statement of the military history of John Hall a soldier of the REVOLUTIONARY WAR, you will find below the desired information as contained in his (or his widow's) application for pen- sion on file in this Bureau.
   DATES OF ENLISTMENT OR APPOINTMENT. LENGTH OF SERVICE. RANK. OFFICERS UNDER WHOM SERVICE WAS RENDERED. STATE.   CAPTAIN. COLONEL.     Jan'y 18. 1776 Jan'y 18. 1777 Benjamin Dening Richmond R.I.   June July 1778 9 mos. Joshua Dwyer Robert Elliot        
Battles engaged in, Rhode Island
Residence of soldier at enlistment, enlisted in Swansea Mass.
Date of application for pension, Feb. 21. 1829 His ch. was ch.
Residence at date of application, Essex Co. N.Y.
Age at date of application, 62 yrs + 7 mos.
Remarks: Died in — 1824
In 1821 he referred to his wife then 57 years old, 3 daughters aged 11, 16 and 18 years, a son aged nine years & a grand son 5 yrs old, no names are stated other than that of son John who was a Res. of Essex Co., N.Y. in 1854. Soldier also stated that he had 3 married daughters in 1823
Respectfully,
Commissioner.
(Get application not on file)

John Hall M ch 18
H
Free
Hon. J. L. Edwards Commissioner of Pensions Washington D.C.
Eliza May Sept 30
Recd

Concord Point Essex County N.Y. July 4 th 1854
Sir
I enclose herein an afft made by John Viall, son of John Viall deceased. Mr Viall has no means of ascertaining the time when his father's pension commenced - except by applying directly to the Pension office & for that reason has made the enclosed afft. If he does not come within the rules, please send me the regulations in such case made & provided, & much oblige
Respectfully Yr,
OT Serit C. Frootow
Hon S. P. Waldo Commr Pensions Washington D.C.

Elizabethtown Essex Co. N.Y. July 17 th 1882.
Dear Sir The Heirs of John Viall a Soldier of the Revolu- tionary war. want to know if there is any money due them as heirs of said Viall for his Pension He made appli- cation for his certificate pre- vious to his death which took place May 1824 Yours Truly J. C. Dwyer

142 596 INVALID. Rev 
1922 Jan 12 Hist. to Miss Frances H. Jackson. { 1922-Dec-12-Hist. to Herbert O. Brigham - mmr Letter in Ch. 39873 of John Vial or Vial - P. J. 1931 May 15. Hist. to Charles Shepard. A.N.Y.
File No. 142.596
John Vial Rev Rev Rev
Act: 18 th March 18 th
Index:—Vol. 8 , Page 524
[Arrangement of 1870.]

CHARLES SHEPARD II
711 WILDER BUILDING ROCHESTER, NEW YORK
28 March 1931
Revolutionary Section, Bureau of Pensions, Washington, D. C.
Dear Sirs:
Will you please send me an abstract of any genealogical information disclosed in the file of the pension application of JOHN VIALL who served in the Revolutionary War from the state of Rhode Island?
I understand that he was an ensign in Colonel Angell's regiment, and that he had applied for a pension in or before the year 1818.
If permissible, can you tell me whether any pension applications were filed in the name of any other person named John Viall or any similar name? Some confusion has arisen in regard to Revolutionary services of different persons named John Viall, and I am trying at this time to straighten out the various individuals of this name and settle the matter once and for all, if possible. Consequently I would now like to obtain, if permissible, everything relating to any soldier named John Viall or similar name.
Very truly yours,
Charles Shepard

Miss Frances L Jackson 1528 O. St. N.W. Wash. D.C.
personal inquiry Jan. 10. 1922 - wants cf. of John Greely - N.H. S43646
4 John Tiall P.I. S 42596