Revolutionary War Pension and Bounty Land Warrant Application File S. 22897, for Niel Mc Niel, New York

SERVICE
NUMBER
New York
McNiel, Niel or McNeil or McNeal
S. 22897
CONTENTS

New-York (S.) 37.44
Nich. M c Neil,
Berkshire Co. in the State of N. York
was a private in the company commanded
Captain _____ of the _____ command
by _____ in the N. York
time for 9 months 18 days Pri.
Inscribed on the Roll of New-York (S.)
at the rate of 31 Dollars 97 Cents per annum
to commence on the 14th day of March, 1831.
Certificate of Pension issued the 11 th day of Au- gust, 1838, and sent to James Macaulay, Frankfort, N. York.
Arrears to the 14th of March, 1838 = $223.97
Pension allowance ending 4 Sept. " 15.98
$239.95
(Special) { Revolutionary Claim, { Act June 28 1838.
Recorded by S. A. Elliott Clerk
Book E.2 Vol. 4, Page 46.
Let to Hon. A. S. White Feb 6. 1839.

Original declaration says 1 mo 21 ds as Capt & various other short terms -
Deposition claims in general terms 20 mo as Capt
Amended claims by specification 4 mo 18 ds as Capt
Each - claims 5 mo as Lt
14. 7/8 Neil McNeil Herkimer Co NY
5. 14. p 393
Susp d -
May 14 33
6804
J B Keant Herkimer

BRIEF in the case of Neil McNeil 6 th of Herkimer in the State of New York  (Act 7th June, 1832.)
 1. Was the declaration made before a Court or a Judge? Open Court  2. If before a Judge, does it appear that the applicant is disabled by bodily infirmity?  3. How old is he? 72 years  4. State his service, as directed in the form annexed. 
   Period. Duration of Service. Rank. Name of General and Field Officers under whom he served.   Years, Months, Days. As a Gen.     In 1776 — 5 Lieut. Col. Hovey - Col. Yates   In 1779 1 2 Captain Col. McNeil   Out several other short terms - particular Terms not known - as a Captain  
 5. In what battles was he engaged? None  6. Where did he reside when he entered the service? Allang 6 th NY  7. Is his statement supported by living witnesses, by documentary proof, by traditional evidence, by incidental evidence, or by the rolls? The action of a living witness  8. Are the papers defective as to form or authentication? and if so, in what respect? not defect - as to form 
I Certify that the foregoing statement and the answers agree with the evidence in the case above mentioned.
Richard Cloutier Examining Clerk.
amend d declaration claims 5 mo. 1804 Capt

J. L. Edwards Esq Comm. of Pensions Present

Washington Feb. 5. 1839
Sir - An old lady in my district (the widow of Niel M c Niel, a Revolutionary soldier, now dec d ?) has observed some proceedings before Congress within the last two years upon the subject of a pension to one Niel M c Niel ; and as the name is singular, she thinks it must be her late husband - Will you be kind enough to inform me whether there is such or whether application was ever made by such a person a name on your roll of pensioners? M c Niel probably resided in Ohio at the time of his death
Respectfully &c
Ab. P. White
J. L. Edwards Esq Com t . of Pensions

Know all men by these presents that I Elizabeth Shole of Danube County of Herkimer and constitute and of Washington full Attorney to present demand of due sum at Attorney is to examine said claim at Washington things in her personally
State of New York, } ss. HERKIMER, COUNTY CLERK'S OFFICE,
I, Standish Barry , Clerk of the County of Herkimer, do certify that John Smith Esquire whose name is subscribed to the certificate of the proof or acknowledgment of the annex- ed instrument in writing and endorsed thereon, was at the time of taking such proof or acknowledgment, a Justice of the Peace in and for said county, dwelling in the said county, and duly authorized to take the same; and that I am well acquainted with his hand-writing, and verily believe his name subscribed to the said certificate to be his genuine signature, and that the same is executed and acknowledged according to the laws of this State.
In Witness Whereof, I have hereunto set my hand and affixed the seal of the said county, at Herkimer, this 10th day of March A. D. 185 2  Standish Barry Clerk.
to the said B. B. B. and law- my name at the seal of pension and seal authorized election to Department Lawfull claim that to 11332
Shole
State of New York } Herkimer County } ss 1852 At Herkimer that on this 10th day of March 1852 before the undersigned State of New York } Herkimer County } ss 1852 At Herkimer that on this 10th day of March 1852 before the undersigned  for the purpose herein mentioned John Smith Justice  to me known who acknowledged the foregoing power of Attorney to be her act and deed

Know all men by these presents that I Elizabeth Sholl of Danube County of Herkimer and State of New York do hereby constitute and appoint George C. Ames of Washington D. C. my true and law- -full Attorney for me and in my name to prosecute the Claim of Neal M c Neal deceased of H. C. for an amount of pension due him at his decease and my said Attorney is hereby fully authorized to examine all papers in relation to said claim on file in the Department at Washington and to do all lawfull things in relation to said claim that I myself might or could do were I personally present
Witness my hand and Seal this fifth day of March 183
for Elizabeth X Sholl mar 18
In presence of John Smith State of New York Herkimer County March 1832 Per me undersigned a Notary said County & State to me known to power of Attorney for the purpose
the day of before the and for Elizabeth Sholl the foregoing and deed as within
State of New York } Herkimer County } to fifth day of March a Notice of the
not on this the undersigned the County

Know all men by these presents that I Elizabeth Sholl of Danube County of Herkimer and constitute and of Washington full Attorney to prosecute disburse of W. due him at h Attorney is to examine said claim at Washington things in her I myself in personally
STATE OF NEW YORK, HERKIMER COUNTY CLERK'S OFFICE.
I, BENJAMIN H. BERRY, Clerk of the County of Herkimer, do certify that John Smith Esquire whose name is subscribed to the certificate of the proof or acknowledgment of the annex- ed instrument in writing and endorsed thereon, was at the time of taking such proof or acknowledgment, a Justice of the Peace in and for said county, dwelling in the said county, and duly authorized to take the same; and that I am well acquainted with his hand-writing, and verily believe his name subscribed to the said certificate to be his genuine signature, and that the same is executed and acknowledged according to the laws of this State.
In presence whereof, I have hereunto set my hand and affixed the seal of the said county, at Herkimer, this 12th day of March A. D. 1852
Benjamin Berry Clerk.
do hereby C. Ames and law- my name at the seal of pension my said authorized relation to Department lawfull claim that to were I
Witness my hand and Seal this fifth day of March 1852. In presence of John Smith State of New York Herkimer County
On this fifth day of March 1852 Personally appeared before the undersigned a Justice of the Peace in and for said County & State aforesaid Elizabeth Sholl to me known who acknowledged the foregoing power of Attorney to be her act and deed for the purposes therein mentioned John Smith Justice
State of New York Herkimer County
It is known that on this fifth day of March 1852 before the undersigned a Justice of the Peace in and for the County

State of New York, HERKIMER COUNTY CLERK'S OFFICE. } ss.
I, Standish Barry , Clerk of the County of Herkimer, do certify that John Smith Esquire, whose name is subscribed to the certificate and jurat of affidavit of the annexed instrument, was at the date thereof, a Justice of the Peace in and for the said county, dwelling in said county, duly elected and sworn; and that I am well acquainted with his handwriting, and verily believe the name subscribed to the said certificate and jurat of affidavit, to be his genuine signature.
In Witness Whereof, I have hereunto set my hand and affixed the seal of said county, at Herkimer, this 12th day of March A. D. 1852
Standish Barry Clerk.
John March said and that to be
In witness whereof I have hereunto set my hand and affixed my seal of Office this 12th day of March 1852

and State aforesaid personally appeared Elizabeth Sholl a resident of Danube in said County & State and made oath according to law that she is one of the children of the late Real M c Neal who was a Revolutionary pensioner under the act of 7 of June
1832 — at the rate of about Thirty Dollars per annum. That she is directly interested as a claimant in said pension and makes this affidavit to be filed with such additional evidence as my said Attorney above mentioned may use in the prosecution of said claim
Sworn and Subscribed before me the day and year above written
Elizabeth has X Sholl mark
In presence of John Smith Justice
State of New York } Rensselaer County } ss I certify that John Smith Esq was on the fifth day of March 1832 a Justice of the Peace in and for said County duly elected and qualified and that the foregoing signature purporting to be his is his genuine hand writing
In witness whereof I have hereunto set my hand and affixed my seal of Office this _____ day of March 1832

[Faint, mirrored text from the reverse side of the page, likely bleed-through from the original document.]
28 th John Nightingale
September
John Herkimer a Justice of the peace in Herkimer County
State of New York } ss I Julius C Nelson Clerk of the said County Herkimer County } do certify, that John Herkimer Esq. before Clerks Office } whom the foregoing Affidavit purports to have been sworn, was, on the date of the same one of the Justices of the peace in and for said County and duly authorized to act as such, and that I am acquainted with the hand writing of the said Justice and verily believe his name subscribed to the said Affidavit to be his proper hand writing and signature Witness my hand and Seal of Office This 8 th day of October 1892 Julius C Nelson Clerk
affidavit, and of John Herkimer" subscribed to the said Certificate to be affirmed - whereof I have hereunto set my hand & official seal. June 24. 1883 J. C. Nelson

State of New York Albany County ss
I John Berkenheimer one of the Justices of the Peace in the town of Albany in the County of Albany
Do hereby certify that I am personally acquainted with John Richtmyer who subscribed and sworn to the affidavit above mentioned and certified by me on the 28th day of September last past. That the same is true and to the best of my knowledge and belief that his statements are entitled to full faith and credit.
Given under my hand this 22nd day of June 1833
John Berkenheimer Justice of the Peace in and for Albany County
For Clerk's Certificate vide next Page
Respectfully yours

State of New York Herkimer County ss.
Personally appeared before me the undersigned, a Justice of the Peace of the town of St. Lawrence in the county of Herkimer aforesaid, Nick M c Neil of the town of Danube in the county of Herkimer, who being duly sworn deposes and saith, that by reason of old age and the consequent loss of memory, he cannot, either positively as to the precise length of his service, nor according to the best of his recollection he served not less than the periods mentioned below, and in the following grades; For five months I served as a Lieutenant in Captain Leonard Hodges Company in Col. Yates Regiment of Infantry; For two years, nine months and five days I served as a Captain in Col. Stephen S. Schuyler Regiment of Infantry of Militia of the State of New York that during that time I was occasionally at home and about other business, but according to the best of my recollection I did not serve less than one year and eight months as Captain of said Company - for which said terms of service five months as a Lieutenant and one year and eight months as Captain I claim a Pension.
Sworn & subscribed this 4 th day of June. 1853. before me Nicholas Smith justice
W.H. [unintelligible]
State of New York Herkimer County Clerk's Office
I, Francis E. Spinnin, Deputy Clerk of the County aforesaid do hereby certify that Nicholas Smith before whom the foregoing affidavit, and also John Herkimer who subscribed the foregoing certificate were each at the date of each of said papers Justices of the Peace in and for said County, duly qualified to act as such, and that I am acquainted with their handwriting and verily believe the signature of "Nicholas Smith" subscribed to said affidavit, and of "John Herkimer" subscribed to the said Certificate to be genuine - the contents whereof I have perused set my hand & official seal. June 24. 1853 F.E. Spinnin

Declaration in order to obtain the benefit of the act of Congress, passed June 7. 1832.
State of New York Forkimer County 3/4;
On this tenth — day of October, in the year of our Lord one thousand eight hundred and thirty two, per- sonally appeared in open court, before the Judges of the Court of Common Pleas of the County of Forkimer, now sitting, Niel M c Neil a resident of the town of Danube in the county of Forki- mer, in the State of New York, aged twenty two 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 in the early part of the month of June 1776. this Deponent was appointed first Lieutenant in a company commanded by Capt. Sam- uel Dodge of Little White Creek in the County of Albany, in Col. Yates Regiment of Infantry of the Militia of the State of New York; that this De- ponent was appointed by the Committee of Safety for the town of Schatirke in the then County of Albany, in the State of New York, that at the time of his appointment as aforesaid was a resident of said town, that this Deponent and the whole company volunteered their services for the term of five months, and the term of service expired on the first day of December of that year — that the com- pany was at Fort Edward and Deponent, who had command of the company discharged them then on that day; That this Deponent does not recollect of having received a commission but the chairman of the Committee Samuel Rowland Esq. gave this Deponent a warrant or Certificate of said appoint-

much, and he was sworn in before Free Fisher Esq: of the City of Albany, who was duly qualified as this Deponent was informed to administer said oath - that this Deponent retained said warrants for a number of years but the same was destroyed when this Deponent's House was burned on the tenth day of March 1812. or 1813. but of which of these years this Deponent does not recollect - That during said time he was not engaged in any battle, that they were employed most of the time on fatigue at Fort Schuyler in build- ing and repairing said Fort, drawing in and sawing up lumber & other services of the like nature - and was also at Fort Edward during a part of the above time, and the company done but little duty except to mount guard -
And this Deponent further says, that in the month of June or May, but which of these months he is not positive in the year 1779. Deponent was elected Captain of a company of Infantry in Col. Stephen J. Schuyler's Regiment of Infantry of the mi- litia of the State of New York, that this Deponent then resided at the Manor of Rensselaer in the County of Rensselaer in the State of New York, that this de- ponent was sworn in before said Free Fisher Esq: of Albany, and duly commissioned as such Captain under the seal of the State of New York, and signed by George Clinton then Governor of said State - that this Deponent had command of said company two years, nine months and five days when this Deponent removed to the town of Pittstown in said County of Rensselaer, out of the beat of said Regiment - That while this Deponent had com- mand of said company Lt. Col. Henry Van Rensselaer marched up the Mohawk River as far as Fort-

Atkinson or Fort Schuyler, that Deponent and his company were left below at Fort House & is not certain the distance the boundary he came up the River. that Deponent was at Absar, on this excursion nearly two months, and he thinks about one month and three weeks, that while they were on this expedition they had two or three slight engagements with the enemy who were on their retreat. That this Deponent was also out twice to Schenectady when that place was threatened by the Indians, but did not spend many days at either of these times - that the company was called out once to Saratoga and once to Fort Ann but were only about a short time - that the company during the time Deponent was captain done duty as company officers and Muster of the Regiment - That this Deponent moved to Danube in the present County of Atkinson about thirty years ago - that he brought his Certificate as Lieut. & his Capt's Commission with him - that in 1812 or 1813. his house was burned as above set forth & his Commission, Certificate & most of his household stuff destroyed -
And to the several interrogatories of the Court, this Deponent answering, says -
That this Deponent was born in the town of Macbride in the County of Ferman in the Kingdom of Ireland, in the year 1760, or in fact probably from this as it is on the 18th of April. That this Deponent's book which contained the record of his age was destroyed when his house was burned -
That this Deponent resided in Pittstown in the then County of Albany now Rensselaer when he entered the Service. Since the Revolutionary war he resided at Pittstown about nineteen years and he has lived in Schenectady now Danube about thirty years & he still resides there - That Deponent was a Volunteer. That Deponent was Capt. Morrow, Lieut. Greys of the Artillery - Col. McAlister of the New York State Militia Service - With
affidavit, and of John H. Allen" subscribed to the said Certificate to be genuine - The whereof I have hereunto set my hand & official seal. June 24. 1833 J. C. Spinn

Genl. Arnold - Genl. Schuyler & some others - Deponent never received any discharge as he was an officer.
That this Deponent has John Haskins Isaac Wilcox & others who can testify to his character for truth & veracity - & their belief of his services. Sworn in Open Court
This 10th day of Oct 1832
Isaac Wilcox
A. E. D. Pinner
We Cornelius Depl. Clerk DeLong residing in the town of Laurens in the county of Franklin and State of New York, and Christopher Norton of the town of  city of  town of  city of in said county certify that we are well acquainted with Nathl M c Neil who has subscribed and sworn to the above declaration, that we believe him to be seventy two years of age; that he is respected & believed in the neighborhood where he resides, & have been a soldier of the Revolution & that we concur in that opinion -
Sworn in Open Court This 10th Oct 1832
Cornelius DeLong Christopher his Norton mark
A. E. D. Pinner, Depl. Clerk

State of New York Essex County 3s, Christopher Morton of the town of Starks in said County being first duly sworn, before the Judges of the Court of Common Pleas of the County of Essex in the State of New York, now sitting - aged seventy years on the sixteenth day of February last past. That he was first acquainted with M c Neil who has just signed the annexed Declaration in the year 1776. That he was then Captain of a company at Saratoga, that he saw M c Neil then fall on duty with his Regiment, that before then understood that he resided on the Manor of Rensselaer; that Deponent then resided at Greenbush in the County of Rensselaer about four miles from the City of Troy - that he belonged at that time to Col. Stephen Schuyler's Regiment - Lieut. Col. Henry Van Rensselaer & Major John Schuyler - that in the next year 1780 Deponent saw him the said M c Neil in command of his company at Saratoga at one time, & at another time in the same year at Fort Edward with his company - that De- ponent can not recollect of having seen him more than two years in service with his company. That during the above time Deponent & said M c Neil were in the same Regiment, that this De- ponent was a private in Capt. George Sharp's Company & M c Neil was or acted as Captain of another company And further this Deponent says not.
Sworn in Open Court This 10th Oct 1832
Christopher Morton his mark
J. C. Pinnick Dept. Clerk
Witness my hand and seal of office this 10th day of October 1832 Julius C. Nelson Clerk
affidavit, and of John H. Allen" subscribed to the said Certificate to be perused - the whereof I have hereunto set my hand & official seal. June 24. 1833 J. C. Pinnick

14418 P. L. about 1000 Schenck & some others
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 Cornelius DeLong, who has signed the preceding Affidavit is a resident in the Town of Canajoharie County of Herkimer & State of New York, and that Christopher Norton who has also signed the same is a resident in the Town of Stark County aforesaid, and are credible persons, and that their statements are entitled to credit.
I Julius C. Nelson Clerk of the Court of Common Pleas for the County of Herkimer, do hereby certify that the foregoing contains the original proceedings of the said Court in the matter of the application of Niel McNeil for a pension.
In Testimony Whereof I have hereunto set my hand and seal of Office this 10th day of October 1832.
Julius C. Nelson Clerk
Niel McNeil Application for a pension -

Proclamation
22897 INVALID.
File No. 22897 Niel  Mc Niel * Neil  Mc Niel Rev  Rev. Niel
Act: June 7 th 89
Index:—Vol. 9 , Page 255
[Arrangement of 1870.]
* W.H.H. Feb. 18, 07

Acts of July 14, 1862, and March 3, 1873.
6304. REJECTED
P. O. Neil M c Niel
Service: _____
Enlisted: _____, 18
Discharged: _____, 18
Application filed: _____, 18
Alleges: _____ _____
Re-enlisted: _____ _____
Attorney: _____
P. O. _____ _____
_____ Recognized. _____ Contract
_____ Cert. of Dis. Searched for _____, 18

Let J. B. Alcott 15 Oct. '33 - Mr. Hoffman on 27 Sept. '34 Papers sent to Hon. A. Mann yr. Dec 26 1836
from A. Mann 16 Dec 1835
New York Miss Meeville Per. 4. — Unspended Let to Hon A. Mann June 7 1834 Let to Hon A. Mann 13 Jan/35 " to James M. Cowley 29. Apr '36. " " Hon. A. Mann 22 Dec '36. Let June

H.R. — 179
Neil McNeil
Wt to J Macaulay July 14 1838. do to Hon A Loonis July 23. 1838

NEIL McNEIL.
[To accompany bill H. R. No. 179.]
————— DECEMBER 22, 1837. —————
Mr. MORGAN, from the Committee on Revolutionary Pensions, made the following
REPORT:
The Committee on Revolutionary Pensions, to which was referred the petition of Neil McNeil, report:
That Neil McNeil, of the county of Herkimer, in the State of New York, the petitioner, aged seventy-two years in October, 1832, was in June, 1776, appointed first lieutenant in a company commanded by Captain Samuel Hodge, of Albany, in Colonel Yeates's regiment of infantry of the militia of the State of New York, by the committee of safety for the town of Schaticoke, in the then county of Albany. That petitioner and the whole company volunteered their services for the term of five months; that this term of service expired on the 1st day of December of that year; that the company were at Fort Edward; and the petitioner, who had command of the company, discharged them on that day. Petitioner does not recollect of having received a commission; but the chairman of the committee of safety, Samuel Rowland, Esq., gave petitioner a warrant or certificate of his appointment, and he was sworn in by Tice Fisher, Esq., of the city of Albany, who was duly qualified, as petitioner was informed, to administer said oath. That petitioner retained said warrant for a number of years; but that it was destroyed on the 10th day of March, 1812, in the house of petitioner, which was, at that time, destroyed by fire.
That he was employed in building and repairing Fort Ann, and in drawing and sawing up lumber, and other services of the like nature.
The petitioner further says, that in May or June, 1779, he was elected captain of a company of infantry, in Stephen S. Schuyler's regiment of infantry of the militia of the State of New York, and duly commissioned as such captain under the seal of the State of New York, and signed by George Clinton, then Governor of said State. That the petitioner had command of said company two years nine months and five days; that whilst the petitioner commanded the said company, Lieutenant Colonel Henry Van Rensselaer marched up the Mohawk river as far as Forts Schuyler and Herkimer.
The petitioner was absent in this expedition nearly two months, and, during this tour of service, was in two actions with the enemy, who were on the retreat. He was also out on several short tours of service at Pal-
Thomas Allen, print.

merton and St. Croix ; that he was also out, during the time of his holding the captain's commission, twice : at Schenectady, when that place was threatened by the Indians, at one time, one month and fourteen days ; and at another, at least fourteen days. That his whole service as a lieutenant was five months, and as a captain four months and eighteen days.
That during the time of holding said commission, he was a member of a court-martial which convened at Greenbush, and was also held at Lansingburg, at which the colonel presided, for the space of three weeks at Greenbush, and two at Lansingburg.
That his commission as captain was also consumed by fire at the time his house was burnt, in 1812.
PROOF OF SERVICE.
Several affidavits have been submitted to the committee, all of which are properly authenticated, and the deponents certified to be men of good character, and entitled to full credit.
A certificate from the Secretary of State of the State of New York, showing that on the 20th day of February, 1776, Stephen S. Schuyler was appointed colonel of a regiment of militia, in the county of Albany ; and Henry Van Rensselaer, on the same day, was appointed lieutenant colonel of the same regiment ; and the officers of seven companies in the said regiment were also appointed on the same day. On the 28th of May, 1778, the said colonel and lieutenant colonel were reappointed in the said regiment, and many of the old subaltern officers also. That on the 1st day of July, 1780, the said Stephen S. Schuyler tendered his resignation, which was accepted, but no one was appointed in his place ; so that Lieutenant Colonel Henry Van Rensselaer was the commandant of the regiment, and continued so until the end of the war.
The certificate further states, that on a careful examination of the records in the office relating to the appointments of militia officers by the provincial Congress and the council of appointment, no record could be found of the appointment of Neil McNeil as a lieutenant or captain in the said regiment of militia, or any other.
Adam Lohnis, aged 81, deposes that he was in the service during the revolutionary war, in a company of militia commanded by Neil McNeil, now of the county of Herkimer, in a regiment commanded by Henry Van Rensselaer. That deponent was an ensign in the same company, and at the same time Neil McNeil was captain. That said Neil McNeil continued in the command of said company, from the time of his appointment, in the month of May or June, 1779, until he removed from the place of his residence, which was about two years after he received his appointment of captain. Witness recollects that Neil McNeil performed military service at different times, and deponent with him marched up the Mohawk river as far as Fort Herkimer, in the present county of Herkimer. That they were then stationed at a fort, or block-house, in the present county of Montgomery, three or four weeks. That they were out on this expedition seven or eight weeks. That said Neil McNeil was also out with his company in the actions at Schenectady, and also at Saratoga, Fort George, Fort Ann, and Fort Edward, at different times ; but the length of period of each service deponent cannot recollect. That he was detached from the company several times as a scout, and was absent several days. That

the deponent was duly commissioned as an ensign in said company, and said Neil McNeil was also commissioned as a captain at the same time, and sworn into office as such captain. That deponent knows that said Neil McNeil did actual duty as such captain for about the term of two years.
Deponent further states that he now receives a pension under the act of June, 1832, as such ensign, for services rendered in said Neil McNeil's company.
Abraham Roberts, also a revolutionary soldier, aged 80, deposes, that he is well acquainted with the petitioner, Neil McNeil, and knew him well during the revolutionary war. That he knows he was duly appointed and commissioned as a captain under Colonel Schuyler, and saw him take the oath required of captains to take on entering the service. That deponent was also commissioned a lieutenant under said Neil McNeil, and served under him in his company. That he took the oath of office at the same time that said Neil McNeil took the same, and served with him.
Charles Pomeroy deposes, that prior to the burning of petitioner's house, Neil McNeil showed him a captain's commission, which he held during the late war. That said commission had a wax seal, with a red riband attached, which he believes was the seal of the State. He is certain it was a captain's commission; but the date, or regiment, he does not remember. That Neil McNeil's house was burnt, and every thing in it, in March, 1810; and that he resided about two miles from the house of said Neil McNeil at the time it was burnt.
A copy of the deposition of Cornelius Francisco, which gives a more detailed account of the services of the said Neil McNeil, is annexed.
STATE OF NEW YORK, } ss : Herkimer county, }
Cornelius Francisco, of the town of Frankfort, in the said county of Herkimer, aged nearly seventy-seven years, being duly sworn, doth depose and say: That he is acquainted with Neil McNeil, of the town of Danube, an applicant for a pension under the act of June, 1832; and that he was acquainted with the said Neil McNeil in the early part of the revolutionary war; that in the fore part of June, 1776, the said Neil McNeil, being a resident of the town of Pittstown, in the county of Rensselaer, volunteered for five months, and went to Fort Edward, and that he acted as a lieutenant; that deponent saw the said Neil McNeil several times while he was out on this tour of service at Fort Edward; that deponent was out at the same time at Fort Edward, but belonged to another regiment; that, according to deponent's best recollection, the said McNeil must have served out the said five months; that deponent, in the summer of 1777, saw the said Neil McNeil at the Halfway brook, between Forts George and Edward, while the Americans were retreating before Burgoyne, and that the said Neil McNeil was then in the service; that deponent, afterwards, in 1780 or 1781, saw the said Neil McNeil at Fort Edward, and that he then served as a captain, he having a company; but deponent does not remember who commanded the regiment, deponent having at that time been in another regiment, which was out, and which was commanded by Colonel Yates; that deponent was out about three weeks on this tour of service, but he is unable to say how long the said Neil McNeil was out; that deponent saw him every day while deponent was

out on said tour of service at Fort Edward ; that deponent remembers one Thomas Wager, who was a private in said Neil McNeil's company. And deponent further saith, that the said Neil McNeil belonged to the regiment of militia commanded by Colonel Knickerbocker, at the time he went out as a volunteer lieutenant for five months, as before stated ; but that the said regiment did not go out at this time, but only those who volunteered.
CORNELIUS FRANCISCO.
Sworn this 19th day of November, 1836, before me.
JOHN DODGE, Commissioner.
I certify that I am acquainted with Cornelius Francisco, who has made the foregoing affidavit, and, for aught I know, he is a man of truth. November 19, 1836.
JOHN DODGE.
I, John B. Dygert, one of the judges of the court of common pleas of the county of Herkimer, do certify, that I am well acquainted with Cornelius Francisco, who has made the foregoing affidavit, and that full credit is due to his deposition. Dated November 21st, 1836.
JOHN B. DYGERT.
STATE OF NEW YORK, } ss : Herkimer county, }
I, John Dygert, clerk of said county, do certify that John Dodge, before whom the foregoing affidavit of Cornelius Francisco was sworn, and by whom the foregoing certificate was made, was, on the day of the date thereof, a commissioner of deeds, &c. in and for said county, duly commissioned and qualified ; and that I am well acquainted with his handwriting, and verily believe the signature of "John Dodge," subscribed to the said affidavit and certificate, is genuine.
I also certify, that John B. Dygert, by whom the foregoing certificate was made, was, on the day of the date thereof, a judge of the Herkimer county courts in and for said county, duly elected and qualified ; and that I am well acquainted with his handwriting, and verily believe the signature of "John B. Dygert," subscribed to the said certificate, is genuine.
In witness whereof, I have hereunto set my hand and affixed the seal [L. s.] of said county, this 22d day of November, A. D. 1836.
E. A. MONSON, Deputy Clerk, for JOHN DYGERT, Clerk.
Christopher Norton, another witness, deposes in substance to the same facts. The difficulty in granting a pension to the petitioner, as an officer, for the services performed by him in the capacity of lieutenant and captain, seems to have originated in consequence of his name not being found on the rolls of the State troops of New York. It seems that the Commissioner of Pensions was clear that the petitioner was entitled to a pension, but doubted whether, under the peculiar circumstances, he ought to be paid as an officer. The committee are of opinion that the petitioner has clearly made out service, in the whole to the amount of nine months and eighteen days ; and, as there may be some doubt whether he ought to be paid as an officer, they think that he should, at any rate, be put upon the pension list for nine months and eighteen days' service as a private ; and have reported a bill accordingly.

James E. Heath Esq. Washington March 22 nd 1852 Sir
Enclosed I transmit a power of Attorney in the case of Neil McNeill who I understand has been placed on the Pension Roll under the act of 7 June 1832.
The parties interested in this case ask for an increase of the allowance granted to McNeill. I wish the privilege of examining the papers now on file.
Very Respectfully, Yours Ob't Serv't Geo. Leech,

Neil Mc Neil Dec 26 Reg of July '36
J. L. Edwards
Prusion office
Han A. Mann, R. HR

House Reps. 23 rd Dec 1836
J. L. Edwards Esq. Sir
The application of Niel McNeil for a pension is according to a suggestion at your office before the Committee on Rev. pensions & in the letters of Geo W Levy - who desire me to request you to transmit the papers on file in your office to him as one of such Committee.
Will you also please to send me a few copies of your Circular & the Law in respect to widows pensions.
With great Respect &c
A Mann Jr

State of New York Secretary's Office
I Certify that on a careful Examination of the records in this office relating to appointments of Militia officers by the Provincial Congress and the Council of Appointment I have not found any record of the appointment of Niel M c Niel as a Lieutenant or Captain in the Regiment of Militia in the County of Albany commanded by Colonel Stephen J. Schuyler or by Lieutenant Henry Van Rensselaer, or in any other Regiment of Militia during the revolutionary war.
It appears that on the 20 th day of February 1776 Stephen J. Schuyler was appointed Colonel of a Regiment of Militia in the County of Albany and Henry Van Rensselaer was on the same day appointed Lieut. Colonel of the same Regiment and the officers of seven companies in the said Regiment were also appointed on the same day -
On the 28 th of May 1778 the said Colonel & Lieutenant Colonel were reappointed in the said Regiment by the Council of Appointment and many of the old Subaltern officers also -
On the first of July 1780 the said Colonel Schuyler tendered his resignation to the Council which was accepted; but no one was then appointed in his place so that Lieut. Col. Henry Van Rensselaer was the commandant of the Regiment & continued so until the end of the war.
Given under my hand and the Seal of this Office at the City of Albany the third day of October in the year of our Lord one thousand eight hundred and thirty four
Arch d Campbell Dep Secretary

Mail Mr. Neil
Nov 28
3 To J. L. Edwards Esquire Commissioner of Pensions Washington

Frankfort November 21- 1836
To J. L. Edwards Esq Commissioner
Sir,
I have been retained by Neal McNeal in his case for a pension in consequence of his attorney Mr Hunt having removed to Michigan and hope you will see the occasion of my writing-
Mr Neal informs me that he served 1st as a lieutenant; and 2nd as a captain and that his commissions were burnt several years ago-
His declaration he says states that he served 5 months in 1776 as a lieutenant in a volunteer company - That he was at Fort Edward Ann and George - that he was out in 1777 from an early part of June till after Burgoyne surrendered - That in 1779 he served as a captain in col. Van Rensselaer's regiment and was stationed at Schenectady successively Fort Fox in the Mohawk country and that he was out to Fort Edward on an alarm once & that he was to Fort George - That in 1780 he was out on an alarm to Fort Ann once & that he was once to Saratoga the same year - That in 1781 he was on an alarm once to Saratoga & once to Fort Edward and that in 1782 he was out to Palmerton -
He says he served 2 months & 21 days service by stuffle or Enlistment Norton - several tours he says he proved by Abraham Roberts who served under him as a lieutenant - He also says he proved sundry services amounting

to over 2 years by Adam Louis who served under him as a lieutenant - That he proved by Col. Pomroy that he Pomroy saw his commissions before his house was burnt -
Such is the second relation given by Mr. Neal to me - I know nothing about his case save what he has told me - I enclosed I send you an additional affidavit made by C. Francisco who has testified to 3 tours of service rendered by Mr. Neal or what may be deemed equivalent to the proof of 3 tours.
Mr. Neal claims as a captain - If his statement is correct and I see no reason to doubt it it would appear to me that he had made it out - his case I have known him for 20 years and have always heard him called captain and believe the fact was never doubted by those who know him of his being a militia captain in the revolution - Without his having been a captain he could not have obtained this title since people do not readily give titles where there are none.
Will you have the goodness to let me know how Mr. Neal's case stands and if not made out let me know what is wanting -
Please to send me the act of 1836 made for the relief of widows whose husbands served in the revolution with the directions how to make out the papers -
Yours &c
James Macaulay

In the Matter of Neil McNeil to whom Congress have allowed a pension
Ja s Macaulay Atty for said McNeil
Neil McNeil Neil McNeil . Albany Indian Roll - act June 28. 1838 - $31:97 per Annum, Commencing on the 4 March 1831.
Send Cert. to
James Macaulay, Frankfort, New-York.

State of New York } Herkimer County } Js: Neil McNeil of the town of Dane in the said county of Herkimer aged about seventy eight years for whom the Congress of the United States at their last session passed an act granting him a pension which said act is in the words following: (Private No. 90) An act granting a pension to Neil McNeil. Be it enacted by the Senate and House of Represent- -atives of the United States of America in Congress assembled that the Secretary of War be and he is hereby authorised and required to place the name of Neil McNeil of the county of Herkimer in the State of New York upon the list of revolu- tionary pensioners and to pay him the sum of thirty one dollars and ninety seven cents per annum commencing on the fourth day of March eighteen hundred and thirty one and to continue during his natural life: Approved June 20th 1838; as appears from the said act published in a newspaper called the Globe printed at the City of Washington in the District of Columbia in the United States aforesaid Thursday night July 5-1838; being duly sworn doth depose and say that he served in the militia regiments of colonels Knickbocker and Yates in the revolutionary war as will more fully appear from his pension papers on file at the pension office - that he first served as a sergeant in the company of Henry Van Der Roof in the early part of the revolution and as deponent believes in the year 1775 - that afterwards he served first as a lieutenant and then as a captain in the militia aforesaid as will also appear by deponent's papers on file

as aforesaid - that deponents commissions were burnt about twenty years ago when deponents house was burnt - that deponents claim was rejected at the pension office and that there - upon deponents pension papers so rejected as deponent is informed and verily believes true by James Macaulay his attorney were submitted to the committee in Congress on claims under a resolution made by congress and that the said committee reported in favor of deponent and that the act of which the above is a copy was passed and approved as above - that the member who procured the resolution as above and who laid deponents papers before said committee at the late session of congress and who procured the passage of the above act upon the coming in of the report of the said committee was the Hon. Asaph Loomis of the county of Herkimer & state of New York aforesaid - and further deponent deposes that he is the identical person named in said act of which the above is a copy - Sworn this 23 d day of July 1830 before me Caleb Root Justice E. Root
I certify that I am well acquainted with said Mr. Root who has deposed to and subscribed his name to the above affidavit and that he is the identical person named in the same Caleb Root Justice

State of New York } Terkimv County } Js: James Macaulay of the town of Frankfort in said county being duly sworn deposeth and saith that he has been well acquainted with Neil McNeil na- -med in the annexed affidavit for upwards of twenty years and that the said Neil McNeil is the identical person named and intended in the act of June 20 th 1830 a copy of which said act is set out in the annexed affidavit of the said Neil McNeil - that in the fall of 1836 the said McNeil applied to deponent to act as his attorney in & about getting his pension W ch then the said McNeil's attorney having removed out of the state - that deponent then as atty commenced a correspond- -ence with the pension department and upon finding said department disinclined to allow him a pension deponent wrote to the Hon. A. Mann Jr s requesting him to have said McNeil's claims submitted to the committee on claims which he did as deponent was informed & that they reported in his favor but no act was passed owing to McNeil's omission - that at last December deponent wrote to the Hon. Asaph H. Loomis now a member to congress from the said county of Terkimv desiring him to renew the submission as above which he did and then to have a law passed which he did - that the Hon. A. Loomis after the passage of the law forwarded the newspaper mentioned in the annexed affidavit of said McNeil to deponent containing the act as set out in

as aforesaid - that deponents commissions were burnt about twenty years ago when deponents
said McNeil's affidavit to which this is annexed sworn this 23 d day of July 1838 before me James Macaulay Caleb Roototh Justice
I certify that I am well acquainted with James Macaulay who has made the foregoing affidavit and that full credit is due to his deposition Caleb Roototh Justice
know all men by these presents that I Neil McNeil of the town of Danube in the county of Herkimer & State of New York do hereby constitute & appoint James Macaulay of the town of Frankfort in the said county of Herkimer my true & lawful attorney for me and in my to receive my pension certificate from J. L. Edwards Esq. since Commissioner of pensions or Joel R. Poinsett Secretary of war whenever the same shall be made out by them or either of them - given under my hand and seal at Danube aforesaid the 23 d day of July one thousand eight hundred & thirty eight - Sealed and delivered in presence of Caleb Roototh Justice
State of New York } ss: We it known that on the 23 d day of July 1838 before Herkimer County } the subscriber a justice of the peace of the said county of Herkimer personally appeared Neil McNeil above named & acknowledged the foregoing power of attorney to be his act & deed - In testimony whereof I have hereunto set my hand the day & year last above mentioned
Caleb Roototh Justice of the Peace

State of New York Sturminster County ss:
I hereby certify that Caleb Fosbottle Esqr was on the day of the execution of above affidavits & also the above certificates a Justice of the peace in and for said County duly elected and qualified and that I am well acquainted with his handwriting and truly believe the above signatures purporting to be his are genuine. Witness my hand & seal of the said County at Sturminster this 3 rd day of late August A D 1838
Ebenezer A. Mearns Deputy for John Deygout Clerk

Neil McNeil - Esq.
Western Sept 23, 1834
Free
Lewis Cass Secretary of War,
Pension under act of 1832.
Washington City D.C.

Hoboken, Sep. 22, 1834.
Sir,
I am requested by Capt. n Neal M. c Neal son of Daniel M c Henry Esq. and during the Revolutionary War of Pennsylvania, to transmit the enclosed deposition of the Adam Lohnis, in support of his application for a pension.
I have not particularly examined the prior papers of Capt. n M. c Neal. I have been acquainted with him many years and among all his acquaintances he has been uniformly reputed to have been a captain in the Revolutionary war and to have rendered good services to the Republic. Of his merits I have no doubt and hope his proofs may be satisfactory to the Department as his services were useful to his country —.
With great respect yours truly
Michael Hoffmann
Lewis Cap. Secy War.

Neil M c . Neil,

25th CONGRESS, 2d Session.
H. R. 179.
DECEMBER 22, 1837.
Read twice, and committed to a Committee of the Whole House to-morrow.
Mr. MORGAN, from the Committee on Revolutionary Pensions, re- ported the following bill:
Mr. Act
A BILL
Granting a pension to Niel McNiel.
1 Be it enacted by the Senate and House of Representatives 2 of the United States of America in Congress assembled, That 3 the Secretary of War be, and he is hereby, authorized and 4 required to place the name of Niel McNiel, of the county of 5 Herkimer, in the State of New York, upon the list of revolu- 6 tionary pensioners, and to pay him the sum of thirty-one dol- 7 lars and ninety-seven cents per annum, commencing on the 8 fourth day of March, eighteen hundred and thirty-one, and 9 to continue during his natural life.
Approved, June 28 th 1838.
A true Copy compared with the Roll in this Office.
Dept. of State, June 30 th 1838.
A. Hall Chief Clerk

add. evidence for Neil McNeil of New York.
May 14. 1834
Rev. William May 15 1834
Rev. J. J. Clark
Memphis of Pulaski Washington
Shree

Dear Mr. Edwards
Arthurs New York May 8. 1854
My Sir,
I enclose you the further affidavits of Col. M c Neil, I do not know that the old man can do any thing more on the subject except you can suggest it to him - I believe this man is alive but he is so poor & his health so bad that I fear he will not be able to pursue his affidavits -
The New States 5 m. Service as Lieut. & 5 25m. as Capt. there is scarcely a doubt but what he had a Commission as Capt. altho' the Secretary was unable to find it among the loose sheets that were returned -
I presume you will allow him all you can under the circumstances, for he did good service unquestionably -
Respectfully yours &c.
J. B. Hunt

In the Matter of Genl. M c Neal Rev. Captain
169
M c Neal during rec. was in the County of Rensselaer and was a Capt. in Rensselaer regt. He now resides in Danube.

State of New York.
Rensselaer County. ss. At this day personally appeared before me the Undersigned one of the Justices of the Peace of the County aforesaid Adam Lohuis of the Town of Pittsfield in said County Aged Eighty One Years who being duly sworn depose and says that he was in service during the Revolution war in a Company of Militia of Neal M c Neal now of the Town of Danube in the County of Herkimer formerly of the Town of Brunswick in the County of Rensselaer as Captain in a Regiment Commanded by Henry Kern Rensselaer Colonel that this deponent was of Providence Ensign of said Company at the same time said Neal M c Neal was appointed Captain that then  said  Neal M c Neal continued in the Company and Commanded said Company from the time of his appointment in the Month of May or June A.D. 1779 Untill he moved from said place which was nearly two Years after his said appointment that while said Neal M c Neal was Captain the Company was called out several times to perform Military duty that he recollects that one Marched up the Mohawk River as far as Fort Herkimer in the present County of Herkimer that they then Stationed at a Fort or block house called Fort house in the present County of Montgomery three or four Weeks and that they while there in the whole time was seven or Eight weeks and said Neal M c Neal was also with said Company on Actions at Schenectady and only a few Days Absent at each time that he was also out with his Company at Saratoga for a short time and also at Fort George Fort Ann and Fort Edward at different times but for a long period at each time or how often this deponent cannot tell or now recollect and that he was Employed on duty as a Scout for several times &

several days and Abner as near as this Deponent can recollect four or five days since this Deponent further says that he was Commissioned as an Ensign in said Company and said Neal M c Neal was Commissioned as Captain at the same time and sworn into Office as such Captain that this Deponent knows that said Neal M c Neal did act as such Captain during the time he acted as such Captain for a bout the term of two years. - - - And this Deponent further says he now receives a pension under the Act of June the 7 th 1832 as such Ensign for the services he rendered in said Com- -pany.
Subscribed and sworn to before me this 15 th day of September A.D. 1834. John M. Fife J. Peace
Adams his Lohnis Mark
This May Certify that I am well acquainted and personally acquainted with the above named Adams Lohnis and know him to be of a good Moral Character and of truth and veracity. John M. Fife
State of New York County of Rensselaer ss I Henry R. Bristol Clerk of the said County do certify that John M. Fife Esquire before whom the annexed declaration purports to have been sworn was at the date of the same one of the Justices of the Peace in and for said County and that I am acquainted with his hand writing and verily believe his name subscribed to the said Declaration is his proper hand writing and signature Witness my hand & Seal of Office this 17 th day of September 1834 Henry R. Bristol Clk.

State of New York. Rensselaer County ss.
Abraham Roberts of the Town of Brunswick County and State aforesaid doth testify before Me the Undersigned being one of the Justices of the Peace of Brunswick in said County who saith that he is now at the age of Eighty years and is well acquainted with Neal M c Veagh of the Town of Danube County of Herkimer and has been well acquainted with him during the Last Revolution war and that said M c Veagh was duly appointed a Captain under Stephen Schuyler then Colonel and received his Commission and saw him take the Oath of Captain as was then required by Law and was out in service with the said M c Veagh several times during the said war but cannot recollect at present how long and further states that he acted as Lieutenant under him and received his Commission and took the Oath as Lieutenant the same time that said M c Veagh did take the Oath as Captain. Subscribed and sworn to before Me this 27 th day of January 1834 at the Town of Brunswick County of Rensselaer
Abraham his Roberts mark
John M. Fife Justice Peace
This May certify that I am well acquainted with the above subscriber Abraham Roberts and know him to be a Man of Truth and Veracity.
John M. Fife Justice Peace.

State of New York Rensselaer County ss: I Henry R. Bristol Clerk of the County of Rensselaer do hereby certify that John M. Fife Esqr. before whom the within affidavit purports to have been sworn was at the time of taking the same a Justice of the peace in & for the said County - Also that I am acquainted with his hand writing and verily believe his signature there to subscribed to be Genuine In testimony whereof I have hereunto set my hand & affixed the seal of the said County this 8 th day of February 1834
Henry R. Bristol Clerk

State of New York Essex County ss;
Charles Pomeroy of the town of Germantown in said County, being duly sworn deposes and says, that he is fifty eight years of age; that he has been personally and intimately acquainted with Nathaniel McNeil of the town of DeKalb in said County an applicant for a Pension under the late act of Congress, for services in the year 1800. that he has always been reputed to have been an officer of the Militia during the Revolutionary War, that previous to the year 1810: and this Deponent believes some few years before, the said Nathaniel McNeil showed this Deponent his Commission as a Captain, that said Commission had a piece of tape attached to it, with an impression thereon which he believes was the Seal of the State attached to such Commissions, and under which was a red ribbon; but this Deponent can not recollect the date of the Commission, or the Regiment mentioned thereon or in whose name the same was issued; but is certain that it was a Captain's Commission for Nathaniel McNeil - that in the month of March 1810. this Deponent resided about two and a half miles from the said Nathaniel McNeil; that some time in that month the house of the said Nathaniel McNeil was destroyed by fire and almost all his property and goods were consumed except some wearing apparel and beds and bedding - that for a short time after that said Nathaniel McNeil lived in part of the same house with this Deponent - and this Deponent was informed at that time that all his papers were burned at that time, including some Deeds, altho' Deponent did not at that time, nor until the passage of the late Pension act understand or hear particularly about the loss of said Commission - And further this Deponent says not -
Subscribed this 14th day of February 1834. James DeKay J. P.
Charles Pomeroy

State of New York Herkimer County
I hereby certify, that I am per- sonally acquainted with Charles Pomeroy of the town of Germanflats in said county, that he is a credible and respectable man, and that his statements and affidavits are entitled to faith and credit.
In Witness Whereof, have hereunto subscri- bed my name, this fourteenth day of February 1834. James Getman J.P.
Herkimer County Clerks Office
355 I Julius C Nelson Clerk of the said County do certify, that James Getman Esqr before whom the foregoing Affidavit purports to have been sworn, was on the day of its date a Justice of the peace in and for said County and duly authorized
by law to act as such Justice. And that I am well acquainted with the hand writing of the said Justice and verily believe his name subscribed to the said Affidavit and Certificate is his proper hand writing and Signature.
In Testimony whereof I have hereunto set my hand, and affixed my Official Seal this 15th day of February 1834.
Julius C Nelson Clerk
Chas. Pomeroy
A. Mearns Jr.

10. Aug 9
Neil McNeil
Scot-
Price
J. L. Edwards Esquire
Commissioner of Pensions
Washington
District of Columbia

Frankfort August 5-1838
Enclosed in the case of Neil McNeil I send his affidavit & mine identifying him to be the person for whom Congress at their last session passed a law allowing him a pension & also a power of atty to transmit his certificate to me &c
yours &c
James Macaulay
To J. L. Edwards Pension commissioner

Wm McNeil
Dec. 12 th 1836. Rev. Pensions
Jan. 20. 1837. Bill No 863.
Mr. Mann N. Y.
Reconsidered

24 th Congress. 2 d Session.
Congress of the United States In the House of Representatives
Dec. 13 th 1836
On motion of Mr. Mann of N.Y. Resolved, That the Committee on Revolutionary Pensions be instruct- ed to enquire into the expediency of placing the name of Niel McNeil, a soldier of the Revolution, on the pension rolls.
Attest
W.F. Franklin
Clerk

Niel M c Vie
May 11 1836
Com. Rev. Pens.
Dec. 11 1837
Ref d to the Com ee on Rev d
Pensions —
Dec. 22 1837
Bill —  No 179
(Mr D Mann)

24th Congress 1st Session
Congress of the United States In the House of Representatives
May 11. 1836.
On motion of Mr. A. Mann
Resolved, that the Committee on Revolutionary Pensions, be instructed to enquire into the expediency of placing the name of Neil McNeil, of the State of New York on the Pension Roll.
Attest
N. J. Franklin
Clerk.