Revolutionary War Pension and Bounty Land Warrant Application File R. 10,817, Peter Vaill, Conn. Privateer

SERVICE
NUMBER
SERVICE born. Primateur.
Vail, Peter or Vail.
R 10.817
Nancy
CONTENTS

20. 98999 New York
Peter 78 Neill 70
of Suffolk Co. in the State of New York who was a private of Serjt. in the Co. H. commanded by Captain of the Walbarin of the Regt. commanded by Col. Worthington in the Cont. line for 4 mos. Serjt. 14 " private
Inscribed on the Roll of New York at the rate of 66 Dollars 66 Cents per annum, to commence on the 4th day of March, 1831.
Certificate of Pension issued the 23 day of Oct. 1833 and sent to E. M. Bate Southold
Arrears to the 4th of Sep 33 $166.66 Semi-ant. allowance ending 4 mos 33.33 $199.99
Revolutionary Claim, for June 7, 1832.
Recorded by J. C. Steele Clerk, Book E, Vol. 11, Page 14
111 33 11

District of Guilford ss Probate Court Aug t 10 1832
Be it remembered that on the day and date aforesaid Personally appeared before said Court John E Stone to the Court well known to be a credible witness and being first duly sworn on his oath declares & says that in the year 1777 he belonged to Capt Dan Collins Company of East Greenwich and he knows Peter Vail for and very well recollects that P Vail belonged to S d Guard and was stationed at Suits Island and that he served in S d Guard seven months and further the deponent saith not John E Stone
Sworn & subscribed in Court the day & date aforesaid before me Reuben Slocum Judge of Probate
Same Court Personally appeared in open Court Abraham Scranton well known to the Court to be a credible witness and on his oath declares & says that he was detached and served as a sergeant in Capt Josiah Baldwins Company of Militia - were marched to Providence in Rhode Island & that he well recollects that Peter Vail was a Soldier in S d Company and P Vail continued in said Company and did duty therein two months and S d Company was discharged in Providence this service was in the year 1778 — and further the deponent saith not
Abraham Scranton
Sworn & subscribed the day and date aforesaid, before me Reuben Slocum Judge of Probate

State of Connecticut. New Haven County ss. Probate Court Guilford District August 10 th 1832
I George Griswold Clerk of the Probate Court for the District of Guilford do hereby certify that Reuben Elliott the subscribing authority to the foregoing Testimony is the Judge of the Probate Court of Guilford District & that the signature is his genuine signature In testimony whereof I have hereunto set my hand & seal of office this day & date aforesaid
George Griswold Clerk

(Declaration in order to obtain the benefit of the act of Congress of June 7. 1832 State of New York Suffolk County 5 th
On this first day of January in the year of our Lord One thousand eight hundred and thirty three personally appeared in open Court before the Court of Common Pleas in and for the said County of Suffolk now sitting Peter Vail a resident of the Town of Southold in the County of Suffolk and State of New York aged Seventy 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 7. 1832. That he entered the service of the United States under the following named Officers and served as herein stated — About the first day of August in the year 1778 I enlisted at Guilford in the County of New Haven in the State of Connecticut as a private in the Company of Militia commanded by Captain Josiah Baldwin of Killingworth, in the Regiment commanded by Colonel Worthington, marched to Providence in Rhode Island and encamped near Providence, the British were then in possession of New Port, we continued in service until the first of October, having served two months, we were discharged by a verbal proclamation made by the Colonel, while in the said service we were put under General Sullivan, and the Company was part of the time employed in cutting wood about 6 miles back of New Port, for the Continental troops, Abraham Scrantom was orderly sergeant — I resided at Guilford at the time I enlisted —
In the first part of the month of March 1779 I enlisted at Guilford aforesaid as a private in Captain Dan Collins Company of Militia for three months, marched to New London and was stationed as a Guard on Winthrop's Point The ships of the British were often in sight, I continued in said service two months, when (about the first of May) the Company was verbally discharged at New London by Captain Collins, while in said service our rations were scanty and of inferior quality, one week when we had nothing to subsist upon but coarse unsifted Corn meal wet up with water and roasted in the ashes — I purchased a milled pie for 2 shillings and divided it with my mess — which was the greatest amount I could obtain for a bill which I had received of 30 shillings for one month's pay, on which was printed "Good as Silver or Gold" — I have no document or evidence of the aforesaid service under Capt. Collins, nor do I know of any living witness who can testify to the said service, at the time of my enlistment

I resided at Guilford aforesaid - I believe that the commandant of the regiment was a Colonel Waterbury
On the first of June 1779 I enlisted at Guilford aforesaid, (where I then resided) as a private in Captain Dan Collins Company of Coast guards, and was stationed at Seabrook Island in the County of New Haven aforesaid, and was verbally discharged by Capt. Collins on the first day of January 1780 having served seven months - I was sergeant of the said Company of Guards a part of the time, John E Stone of Guilford belonged to the same Guard and can testify to the truth of my statement - I have no other documentary evidence of the above service, nor do I recollect the names of any other officers - Some time during the latter part of the war, my Father Peter Hall, served as a Captain of a Company of Guards, & was known as Peter Hall Junior On the first of June 1780, residing at Guilford aforesaid I there enlisted as a private for seven months in the Company of Sea Shore Guards commanded by Captain Samuel Lee of Guilford, was stationed at Sachems Head in the State of Connecticut and was verbally discharged on the first day of January 1782 by Captain Lee having served seven months - I have no documentary evidence, nor living witnesses within my knowledge to confirm my statement of service at Sachems Head - I having resided on Long Island in the State of New York since 1786 - Joseph Parmalee was a sergeant in said Company - for our service as soldiers in the Companies of Guards, we rec d from the state 5 dollars a month in Continental money.
In the month of October 1780 I enlisted at New London as a marine for a Cruise in the Privateer Randolph commanded by Captain Nicoll Fosdick, Augustus Peck first Lieutenant - Daniel Griffing was Captain of Marines and Nathan Moore a Lieutenant of Marines, we sailed from New London in November, following went to the West Indies and cruised there through the winter, and returned to New London in April 1781, was then verbally discharged by Capt. Fosdick having served six months On our return from the West Indies we captured an English Merchant ship from the Island of Guernsey, bound to New York. While on the Cruise, we had warm engagements with two British privateers, had a number of men wounded, but none killed - I was on duty at several other short period in cases of alarms, was at the taking of a Schooner at Thimble Island, near Guilford & Branford, and other skirmishes along the Coast, I have no documentary evidence of the above service, nor do I know of any living witnesses, within my power to procure to testify to the same - Nathan Moore, named above as Lieutenant of Marines on board of the Randolph, was after our return, massacred with Col. Ledyard at the taking of fort Griswold by the British - And the prize ship from Guernsey above mentioned as taken on our cruise in the Randolph, was burnt at New London at the time New London was burnt

I do hereby relinquish every claim whatever to any pension or annuity except the present and declare that my name is not on the pension roll of the agency of any state Peter Vail
Sworn to and subscribed the day and year aforesaid before me Joseph H Huntington Clk
We Ezra Youngs a clergyman residing in the Town of Southold in the County of Suffolk and Henry Sandon residing in the same town do hereby certify that we are well acquainted with Peter Vail 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 & subscribed the day and year aforesaid before me Ezra Youngs Henry Sandon Joseph H Huntington Clk
And the said Court do certify that the said Peter Vail did answer to the interrogatories prescribed by the War Department as follows
 Interrogatory No 1 = Answer = I was born in Southold Suffolk County N.Y. 1762  — No 2 - Answer - No record except in my Father family Bible, is written "Peter Vail Born April 2 - 1762" which is now in my possession  — No 3 - Answer. I lived in Guilford, in the State of Connecticut when I made my enlistments, I have lived since the Revolutionary war on Long Island in the Town of Southold County of Suffolk N.Y. where I now reside  — No 4 Answer. I was a Volunteer,  — No 5. Answer = Captain Josiah Baldwin, Col Worthington, General Sullivan, Capt Dan Collins, Capt Samuel Lee of the Land Service, — Capt Nicoll Vredick, Lieut Augustus Beck — Capt Daniel Griffing of Marines, Nathan Moore Lieut of Marines, Ralph Lester Sailing master of the privateer Randolph — during one of the engagements with a British privateer we had 13 men wounded and 60 shots through the main sail — the topsail left a hole, that away & the sail fell on deck — the British privateer struck, but escaped during the night, before we took possession of her, we being so crippled that we could make no sail —  — No 6. Answer: My discharges were all made verbally, in one case by the Colonel of the Regiment — in all others by the Captain —  — No 7. Answer: Henry Sandon Esq, Ebenezer W Case Esq. John C Wells Phineas Paine — Rev Jonathan Huntington 
And the said Court do hereby declare their opinion after the investi

- gation of the matter, and after putting the interrogatories prescribed by the War department, and receiving the answers thereto as above written, that the above named applicant was a revolutionary soldier, and a marine on board the privateer Randolph and served as he states. And the court further certifies that it appears to them that Ezra Jennings who has signed the preceding certificate is a clergyman resident in the town of Southold in the county of Suffolk aforesaid and that Henry Landers who has also signed the same is a resident in the town of Southold and is a credible person and that their statement is entitled to credit
Joseph R. Huntington clerk of the Court of Common Pleas of the county of Suffolk in the state of New York do hereby certify that the foregoing contains the original proceedings of the said court in the matter of the application of Peter Tait for a pension
In testimony whereof I have hereunto set my hand and seal of my office this first day of January 1833
Joseph R. Huntington
State of New York } On the nineteenth day of June 1833 personally appeared before me the under- County of Suffolk } signed a justice of the peace in and for the said county of Suffolk Peter Tait 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 two months I served as a private in the company of militia commanded by Capt. Josiah Baldwin — For two months I served as a private in the company of militia commanded by Capt. Dan Collins. For three months I served as a private, and for four months I served as a sergeant in the company of coast guards, commanded by Capt. Dan Collins — For seven months I served as a private in the company of land shore guards, commanded by Capt. Samuel Lee — For six months I served as a marine in the privateer Randolph commanded by Capt. Nicoll Fosdick and for such service I claim a pension
Sworn to and subscribed before me the 19th day of June 1833 Henry Landers, Just. Peace
Peter Tait
State of New York } I, Joseph R. Huntington clerk of the county of Suffolk Suffolk County } and clerk of the Court of Common Pleas for said county do hereby certify that Henry Landers Esquire before whom the above affidavit of Peter Tait was taken and subscribed is a justice of the peace for said county and further that I am well acquainted with said justice's handwriting and believe it genuine — Witness my hand & seal of office this 20th of June 1833 Joseph R. Huntington

SUFFOLK COUNTY, } ss. STATE OF NEW YORK.
I, B. T. HUTCHINSON, Clerk of the County of Suffolk, Do Hereby Certify , that A. T. Rose — whose name is subscribed to the Certificate of the proof or acknowledgement of the annexed instrument, and thereon written, was at the time of taking such proof or acknowledgement, a County Judge — for said County, residing in the said County, commissioned and sworn and duly authorised to take the same. And further, that I am well acquainted with the hand writing of such County Judge — and verily believe that the signature to said certificate of proof or acknowledgement is genuine.
In Testimony Whereof , I have hereunto set my hand and affixed the seal of the said County, the 26 th day of Novr. 185 5
B. T. Hutchinson Clerk.

Peter Vail married to Nancy Baufseau March the 9 1788
the first Child and Son Russell Born December the 12 1789
the Second Child and first Daughter Betsey Born January the 17 1791
the third Child and Son Ezra born February the 21 1795 - and Died July the 3 1796
the 4 Child and Second Daughter
Esther born September the 19 1799

No. 14,255 Russell Vail - Papers - son of Nancy Vail and Peter
at 7 July 1838
Suffolk Co New York
Wm James Boott H R

State of New York Suffolk County } ss
On this 26, day of November 1850 personally appeared before the subscribing authority Russell Baill, a resident of Southold, in the County and State above written, Age 61. Being 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 11 th 1846.
That he together with Deft Melick and Esther Baill, are the sole surviving Children of Nancy Baill the widow of Peter Baill a Soldier of the Revolution and a Pensioner of the United States under the Act of Congress passed June 7 th 1832, & received his pension until the 6 th of September 1844, and died on the 9 th of October of the same year. That his late Mother Nancy Baill whose maiden name was Nancy Bous- -sell, survived her said father, & remained his widow until her death, which took place on the 30 th of May 1845. He knows of no public record of his Parents Mar- -riage, and therefore herewith forwards a leaf taken from his father's family Bible which he states is in his late father's hand writing, as proof of the time of the marriage of his Parents, which was on the 9 th of March 1788. And he now asks the fractional part of the year which was due his father at the time of his death, together with the amount of pension which was due his late Mother on the day of her death. Note, the word Witness which is inserted between the 7 th & 8 th lines from the top was inserted before execution. Sworn & Subscribed to on the day and year above written before me A. D. Root being Judge Surrogate of Suffolk Co.
Russell Baill

State of New York } Suffolk County } ss
Be it known That satisfactory proof has this day been adduced before me the first Judge & Surrogate of the above County, that Nancy Vaill widow of Peter Vaill a late Pensioner of the United States since on the 30 day of May 1825 and that Russell Vaill Betsy Holcott and Esther Vaill are her only surviving children I testimony whereof I have signed my name & caused the Seal of the said Court to be affixed, this 26 day of November 1858 -
A. J. Rodgers Judge & Surrogate of Suff. (Kt.)

23316
Peter Vail
Suffolk county
Hempstead
New York
e. Admitted
Sequel 4 months
Photo 14 — do
Service in prison dis allowed
Re. W. Case, Southold, N. York,

WAR DEPARTMENT,
Pension Office.
May 25 — 183 9
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 a tabular form. On comparing these papers with the following rules, and the subjunct notes, you will readily perceive that objections exist, which must be removed, before a pension can be allowed. The notes and the regulations will shew 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, (thus: { ). 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, shewing the Service of Peter Vail, Suffolk county, N. York
   Period when the service was rendered. Duration of the claimant's service. Rank of the claimant. Names and Rank of the Company officers under whom he served. Names and Rank of the General and Field officers. Battles in which the applicant was engaged. Country through which he marched. Place of abode when he entered the service, and age at the present period. Evidence by which the declaration is supported.   Years. Months. Days.     Enlisted 1778 2 private Capt Baldwin Col Worthington Rhode Island 70 New Haven Conn. tradition   do 1779 3 Capt Collins   do — 2   do — 7 part of the time sergeant Capt Collins 2 witnesses prove the applicant was in service.   Enlisted 1781 7 Capt Lee Schenck's Head   do 1780   Private turning 6 months  
I am, respectfully,
Your obedient servant,
J. L. EDWARDS, Commissioner of Pensions.

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, drafted, 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 } ss. County of }
On this day of personally appeared (a) before and State, Territory or District A. B. a resident (b) of in the county of 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 A. B.
Sworn to 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 (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) , who has hereby certify, that we are well acquainted with 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, resident 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 for a pension.
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

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 Militia, 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 services.  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 he 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 traditional 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 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. 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 embodied 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 papers.
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.
[k] The notes from [a] to [i] 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.
[l] This traditional evidence is indispensable in militia cases.
[m] If a witness cannot be found, the declarant must state the fact.
[n] The answers to the interrogatories must all be written, and sent to the War Department, with the declaration.
x in each grade.

No 14. 255
Nancy Vail decd wid. of Peter
New York
Act 7 th July 1838.
Letter to Hon: J Brooks M of Reps. Feb 11 th 1857
10817

Acts of July 14, 1862, and March 3, 1873.
REJECTED
111,817
P. O. _____
Nancy Vail
Service: _____
Enlisted: _____, 18 .
Discharged: _____, 18 .
Application filed: _____, 18 .
Alleges: _____
Re-enlisted: _____
Attorney: _____
P. O. _____
_____ Recognized. _____ Contract.
_____ Cert. of Dis. Searched for _____, 18 .