Revolutionary War Pension and Bounty Land Warrant Application File S. 11129, Jonathan Vail, New York

SERVICE
NUMBER
New York
Vail, Jonathan
S. 111129
CONTENTS
carded

20673 New York Jonathan Nail of Suffolk - in the State of New York who was a Private in the Com - (5) commanded by Captain Tary of the Res? commanded by Col. White in the New York line for 6 Mos,
Inscribed on the Roll of New York at the rate of 20 Dollars — Cents per annum to commence on the 14th day of March, 1831.
Certificate of Pension issued the 26 day of Sep 1833 and to the G. B. Moore New York
  Arrears to the 14th of Sep '33  $ 30 —    Semi-ant. allowance ending 4th '34  10 —     $ 60 —  
Revolutionary Claim. Act June 7, 1832. G. B. Moore
Recorded by Book E Vol. 4 Page 14 Clerk

13.721 Declaration of Jonathan Vail to obtain a pension
✓ ✓
adm lemon per 20 $
:-

State of New York,
County of Suffolk ss: On this second day of October, 1832 personally appeared in open court before the court of common Pleas in and for the said county, now sitting, Jonathan Vail a resident of the town of Southold in the said county, aged seventy-four 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. viz. In the summer of the year 1775 (the particular day or month he does not recollect and cannot state) he enlisted in a company of soldiers stationed at a small fort or entrenchment at Oysterpond point in the said town of Southold. He served as a soldier there several months, but cannot recollect the time or dates. He however thinks that it was early in the season when he commenced and he remembers that it was cold weather when he was discharged. His officers were captain Thomas Terry (afterwards colonel Terry) and sergeant Jeremiah King. He does not recollect that there were any other officers, nor does he know that this company was connected with others, nor whose orders capt. Terry obeyed. This company was raised to supply the place of a company under the command of capt. Roe or capt. Griffin which was called away. Defendant served at least two months in it. It was their duty to watch & stop British vessels. They required every vessel passing to lower the flag of its mainmast as a sign that it was friendly. They stopped & examined several vessels but they were all friendly.
Early in the next season (in the spring of the year as he believes, but cannot state the time with greater certainty) he enlisted as a minute man and served in this capacity during the summer until called to Brooklyn as hereinafter mentioned. He carried his arms always about him, so as to be ready for service at a moment's warning, and attended, once or twice a week (he thinks twice) to train. His officers were captain Joshua Youngs & the said sergeant Jeremiah King.

He does not know of any other officers then connected with this company. About the 1 st of July (1776) they were called to Brooklyn into active service, to oppose the anticipated attack of the British upon the City of New York, and, were there he thinks about six weeks. They were under the same company officers, and in the Regiment called the Eastern Long Island Regiment - of which Colonel Smith had the command, and were in the lines at Brooklyn when they were attacked by the British - just as the breastwork was finished - one man from East or South Hampton was killed. The same night they retreated over to New York & the company was there broken up. Deponent was sent back to the east end of Long Island and was directed, to assist such of the inhabitants as desired to remove to Connecticut, and to treat those who refused, as Tories. He came down accordingly, and soon afterwards went to Lyme in Connecticut where he received a notice to turn out and assist in protecting some property. The notice did not reach him in time - he immediately started, but on his way, heard that he was too late - and he was never afterwards called into service.
To the interrogatories prescribed by the War Department, he answers as follows:
1 st I was born in the said town of Southold, in the year 1758. 2 d I have a record of my age, which is now in my possession. 3 rd At the time of my enlistment I resided in the said town & have lived there ever since the Revolutionary war. 4 th I voluntarily enlisted on both occasions and was not drafted, nor a substitute. 5 th At Brooklyn, Generals Washington, Putnam, Greene, Sullivan, & Starling were pointed out to me. I was

also acquainted with Major Barnabas Tutbill of the Army. I do not recollect any other regiments by name either continental or militia; and I have already stated the circumstances of my service, as fully & particularly as my memory will permit. I feel sure that I have in all served, at least for the period of six months. I never received a written discharge.
John Young  Griffing , James Griffing, Joseph Terry & Ephraim Glover & others of the said town of Southold have long known me, and can testify as to my character as to their belief or knowledge of my services in the war of the revolution. There is no clergyman (residing) near me, who is well acquainted with me.
(Note. The several affidavits created herein contained in this declaration were made, preserved to be hung around the chimney piece.)
And the said deponent further declares that 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 to his knowledge, and if any, only on that of the agency of the state of New York. Sworn to & subscribed, Jonathan D. Doolittle the day & year aforesaid.
Joseph D. Huntington Atty.
We Thomas Hempstead, and Thomas Conkling residing in the said town of Southold, hereby certify that we are well acquainted with Jonathan Doolittle who has subscribed & sworn to the above declaration; that we believe him to be 74 years of age; that he is reputed & believed, in the neighbourhood where he resided, to have been a soldier of the revolution, & that we concur in that opinion. Thomas Hempstead
Sworn to 3rd day of October 1832 before me
Thomas Conkling
George Miller Commissioner of Brds

I, Noah Racket, of the said town of Southold, aged 75 years do declare upon oath that I am well acquainted, with Jonathan Vail who has subscribed, and sworn to the foregoing declaration; that I served, with him at oyster ponds for the period of two months in the year 1775 under Capt. Terry, and at Brooklyn for about six weeks in the year 1776 under Capt. Young, as stated, in the said declaration, and that (having heard the said declaration read) I concur in its statements and believe them to be strictly true. Being in the same company with him, his services as above stated, were within my personal knowledge.
Sworn & subscribed. } the day & year aforesaid.
Noah Racket
Before me
Joseph A. Huntington Clk

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 Thomas Conkling and Thomas Hemstead, and Asah Racket who have signed the preceding certificates are residents of the said town of Southold, and are credible persons, and that their statements are entitled to credit.
I, Joseph R. Hunting, Clerk of the Court of Common Pleas in and for the said County of Suffolk, do hereby certify that the foregoing contains the original proceedings of the said Court in the matter of the application of Jonathan Waif Jonathan Waif for a pension. In testimony whereof I have hereunto set my hand and seal of office this second second day of October 1832.
Joseph R. Hunting Clk.

State of New York,
Suffolk County } ss: I, Joseph R. Huntington, Clerk of, the said County, do hereby certify that George Miller whose name is subscribed to the jurat of the within certificate, was, at the date of such jurat, a Commissioner of Deeds, duly commissioned and sworn, and residing in the town of Riverhead, in the said County. and as such duly authorized to take the same. and further that I am well acquainted with the hand writing of the said Commissioner, and verily believe that the signature to the said jurat is genuine. In testimony whereof I have hereunto set my hand and the seal of the said County this Thursday of Octob 1832 —
Joseph R. Huntington
State of New York,
County of Suffolk } ss: On this fourth day of June 1833, personally appeared before me, the undersigned, a Justice Commissioner of Deeds in and for the said County, residing in the town of Southold, James Jonathan Vail, of the said town, to me known, who being duly sworn deposeth and saith that by reason of old age, and the consequent loss of memory he cannot swear posi- tively as to the precise length of his service, but according to the best of his recollection he served not less than the periods men- tioned below and in the following grades. viz. For two months I served as a private at Oysterponds point in Capt. Terry's company, in the year 1775 as stated in my foregoing declaration. And for four months I served, as a private in Capt. Joshua Young's Company, in the year 1776, at first as a minute-man in the said town of Southold and afterwards in active service at Brooklyn. as is also stated in my said declaration. And for such service I claim a pension. Sworn & subscribed the day & year aforesaid. Jonathan Vail Jeremiah Moad

Commissioner of Deeds.
I certify that I have resided near to and have been well acquainted, with the above named Jonathan Vail, from my boyhood; that I am now fifty-four years of age; that I believe him to be seventy-four years of age and that he has always been believed, and reputed, in the neighbourhood to have been a Soldier of the revolution and I have no doubt he served as he states. I was acquainted, with his captain, Joshua Young, and with others who are reputed, to have served with him, and who are now deceased. I also know the before named Thomas Hempstead, Thomas Conkling, and Noah Racket, they are aged men, are reputed, to have served, in the Revolutionary war, and their statements are entitled to credit.
Greenport, Southold 4 th June 1833
Jeremiah Moore
State of New York
County of Suffolk } ss:
I, Joseph R. Huntington, Clerk of said County, do hereby certify, that Jeremiah Moore whose name is subscribed to the foregoing Surat and certificate, was, at the date thereof, a Commissioner of Deeds of said County, duly commissioned, and sworn, residing in the town of Southold, and as such Commissioner, duly authorized, to take affidavits &c. And further that I am well acquainted with the hand writing of the said Commissioner, and verily believe that the signatures to the said Surat and certificate, are genuine. In testimony whereof I have hereunto set my hand and the Seal of the said County, this 1 st day of June 1833.
Joseph R. Huntington

13721 Jonathan Nail
5
P. 364
Chas B Moore
New York
36 Apr 35

County  BRIEF in the case of  Jonathan Nail of Southold  of Suffolk  in the State of New York  (Act 7th June, 1882.)
 1. Was the declaration made before a Court or a Judge? a Court  2. If before a Judge, does it appear that the applicant is disabled by bodily infirmity?  3. How old is he? 74  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.     Enlisted Summer 1875 In 17 — 2 — private Gen. Thos. Ferry (N.Y. Troops) Sergeant General King   Next season early in the Spring during the summer — — — Capt. Joshua Young Sgt. General King   Called out 1. July 1876 about 6 weeks — — — Col. Smith (Eastern Long Island Regt) Capt. Joshua Young  
 5. In what battles was he engaged? not any  6. Where did he reside when he entered the service? Southold, New York  7. Is his statement supported by living witnesses, by documentary proof, by traditionary evidence, by incidental evidence, or by the rolls? a living witness & traditionary evidence  8. Are the papers defective as to form or authentication? and if so, in what respect? not properly attached 
X  Certify that the foregoing statement and the answers agree with the evidence in the case above mentioned.
Chas. G. Wilson Examining Clerk.  9. March 1883

Per M...
11129 INVALID.
(6)
File No. 11129
Jonathan Nail Rev Boer War
Act: June 7 th 1832
Index:—Vol. A , Page 272
[Arrangement of 1870.]

BRIEF objections to the admission of Pension Claims , of which those answered in the negative, in red ink, will apply to the claim of Jonathan Paine 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?  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  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 

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? No XII. If the clergyman's affidavit has not been produced, is there any reason assigned for not obtaining it? Yes 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's name is not found on the rolls of military service, has he produced a witness or witnesses as to his service? If he has produced direct proof as to service, has the magistrate who administered the oath, certified to the credibility of the witness or witnesses? Yes Has the proper officer certified to the official character and signature of the magistrate as the regulations direct? Yes 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? 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. Some persons who apply for pensions merely state 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 shewn 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.
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 official character and signature of the magistrate must be certified by the proper officer, under his seal of office.
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.
In every case where the clerk of the court, or other certifying officer, 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.