Revolutionary War Pension and Bounty Land Warrant Application File W. 7601, Reubin Griffis, Va.

SERVICE
NUMBER
Va.
Griffis, Reubin Sarah
W. 7601.
CONTENTS

16.599 North Carolina
Lt Col R. Dec 14 1843
Reubin Griffith
of Halifax Co in the State of N o Carolina who was a for merly in the Company commanded by Captain Wawl — of the Reg t commanded by _____ in the _____ line for 1861.
Inscribed on the Roll of N o Carolina at the rate of 100 Dollars 00 Cents per annum, to commence on the 14th day of March, 1831.
Certificate of Pension issued the 5 day of Sept r . 1833 and sent to J. M. Cutcher. Present.
Arrears to the 14th of Sept r 1833 $250.00 Semi-ant. allowance ending 4 March '34. 50.00
$300.00
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded by W. L. Williams Clerk, Book 6 Vol. 6 Page 41

3042 North Carolina Sarah Griffith widow of Reuben Va Griffith who served in the Revolutionary war, as a Spv of Atty
Inscribed on the Roll at the rate of 100 Dollars
Cents per annum, to commence on the 4th day of March, 1848.
Certificate of Pension issued the 13 day of July 1848 and sent to
James Huske Hayetteville NC
Recorded on Roll of Pensioners under act February 2. 1848, Page 210 Vol. 1,
Reported July 15/49

State of North Carolina Halifax County, ss. On this 29 th day of August one thousand Eight hundred and thirty two personally appeared before me M c E. I know a Justice of the Peace for said County Reuben Griffis a Resident of said County of Halifax who first being first duly sworn, according to law doth on his oath, make the follow- =ing declaration in order to obtain the benefit of the provision made By the act of Congress passed June 7 th 1832, from the information from his mother he was born in Prince George County Virginia the 15 th day of November 1756 his father died when he was small his mother married and went into Sussex County Virginia to live and in the 1775 he volunteered in the minute service for four months under Captain Mial Webb of Sussex and served the same at Norfolk and the Great Bridge after serving the four months in the minute service he Enlisted in the Artillery service for one year under Charles Harrison but before the year expired Harrison got a Colonel's Commission to raise a State Regiment of Artillery and he the said Griffis reenlisted for three years under said Harrison and was taken to the town of Hampton where was associated with the Small Pox and in the Spring of 1778 we marched to the north and joined Wash- ington's army at Valley Forge and when the British army left Philadelphia we marched after them and came up with them at Monmouth and there we had a severe engagement some time in the latter part of June after the Battle at Monmouth we marched to White Plains and stayed there some time from there we marched to West Point and from there to a place called Pluckemin where we stayed all winter the Summer of 1779 we did but little but attended to our horses at pasture and in the fall we went to Morristown and took up our winter quarters —

In the Spring of 1780 the Regiment march to the South and my term of enlistment expired I was discharged by Col. Charles Harrison at Petersburg Virginia - my Captain in said Regiment was first John Champ Carter but before my time was out I was put in Captain Ragsdale Company - He hereby Relinquishes every Claim 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 - Sworn to and Subscribed the day and year aforesaid before me
Wm. E. Shinn
Reuben Griffin
I the said Wm. E. Shinn doth hereby give it as my unsworn opinion that the said Reuben Griffin is unable to attend Court in consequence of his infirmity I have been acquainted with the said Griffin for a number of years & have always understood that he was a Revolutionary Soldier as I expect from his appearance must be between Seventy & Eighty years of age
Given under my hand this 29 th day of Augt 1832
Wm. E. Shinn
I warwick Hockaday of Halifax County North Carolina do certify that I have been acquainted with Reuben Griffin who has subscribed the above Declaration for upward of twenty years and believe he is between Seventy & Eighty years of age and I do believe he was a Soldier in the Revolutionary War given under my hand this 29 th day of August 1832
Sworn to & Subscribed before me
Wm. E. Shinn
Warwick his Hockaday mark

State of North Carolina
I Mark H Pettway clerk of the
Court of Pleas and quarter Sessions for the County of Halifax, do hereby certify, that Mr. E. Shure Esquire whose name appears signed to the foregoing affidavit and declaration of Reuben Griffith for a pension, - is and was at the time of his signing the same an acting Justice of the peace in and for the County of Halifax duly qualified that full faith and credit is due and ought to be given all his official acts, and that his name is written in his own proper hand writing
In Testimony whereof I have hereunto set my hand and affixed the Seal of my Office, at Halifax, this 31 st day of August 1832.
M. H. Pettway Clk
State of North Carolina
I Thomas Busby Chairman & Presiding Magistrate of the Court of Pleas & Quarter Sessions of the County of Halifax do hereby certify that Mark H Pettway whose name appears to the foregoing Certificate in the proper hand writing of John H Harwell his legal deputy is & was at the time of signing the same Clerk of said Court & that his attestation is in due form of law given under my hand this 31 st day of August 1832
Thos Busby Ch.

9887 Sarah Griffith
N. 6
act 7 July 38
No 93-
Entire on Register
admd
2 yrs pri. auth.
$100
Att: R. M. Sanderson

State of North Carolina } ss
Halifax County } ss On the 31st day of July 1843 personally appeared before me, Ransom M. Morrison of the acting magistrates and a member and a member of the Court of Pleas and Quarter Sessions for said County and for the County Court in and for said County.
Sarah Griffis a resident of said County and State aged Seventy years who being first duly sworn according to law doth on her oath make the following declaration in order to obtain the benefit of the provision made by the Act of Congress passed July the 7th 1838. entitled an act granting half pay and pension to certain widows. That she is the widow of Reuben Griffis. and of the same Reuben Griffis that made his declaration as a soldier before William E. Shine Esquire a Justice of the peace for the County of Halifax which declaration was made about the last of August or the first of September in the year 1832 before William E. Shine Esq. and also before Warwrick Hookaday a citizen of said County. who knew me and my said husband. and who believed that my said husband was a soldier of the revolution.
I said Sarah Griffis widow as aforesaid do hereby certify as upon oath, that my husband Reuben Griffis has often informed me (his said wife) that in the year 1775 that he volunteered in the minute service for four months under Captain Mill Wall of Sussex County State of Virginia and finished the service of same at Norfolk, that afterwards he enlisted in the artillery service under Charles Harrison for one year. But before the year expired (as my husband informed me) Mr. Harrison got himself a Colonel's Commission which was to raise more soldiers.
The said Sarah Griffis says upon her oath that she is the said widow of Reuben Griffis who was a soldier of the revolution and who (the said Reuben Griffis) was placed on the pension roll in the  year in the month of September 1833 but died before he received any pay, which would have been $100 per annum. She further declared that she was married to the said Reuben Griffis on the twenty fifth day of November Seventeen hundred and ninety three. that her husband aforesaid Reuben Griffis. died on the fourteenth

day of February Eighteen hundred and thirty four. And that she has remained a widow ever since that period as will more fully appear by reference to the proofs herewith annexed;
That she was not married to him prior to his leaving the service, but, the marriage took place previous to the first of January Seventeen hundred and ninety four. Vizt at the time above stated. That she has no documentary evidence in support of her claim as a pensioner for an account of the services of her husband the aforesaid Reuben Griffiths further than she has heretofore stated in the foregoing declaration.
Sworn to and subscribed before
Sarah Griffis Griffiths
R. M. Shearin J. R. M. Shearin also further certify that the above named Sarah Griffiths is by bodily infirmity unable to attend Court to make the above declaration.
State of N. Carolina
Halifax County -
ss. The foregoing declaration of Sarah Griffiths was this day
Exhibited in Open Court - as taken above and The Court hereby Order That the same be Certified by the Clerk of this Court To the War Department and The Court are Satisfied That she is the widow of said Reuben Griffiths, Rice B. Pierce Chairman
State of North Carolina
Halifax County -
I James Simmons Clerk of the August Sessions 1843 Court of Pleas and Quarter Sessions for said County in said State. Certify that the foregoing declaration of Sarah Griffiths was this day exhibited in Open Court where upon it is ordered that the Clerk of this Court certify the same to the War Department,
Given under my hand & seal of office at office in Halifax Town this 25 th day of August 1843 Jas Simmons Clerk

State of North Carolina } Halifax county }
I James Simmons Clerk of the Court of Pleas and Quarter Sessions for said county in said State certify that Nanston M. Person whose signature appears to the foregoing declaration of Sarah Griffin is a Magistrate for the County of Halifax duly commissioned and qualified and that the signature of said Person is his genuine signature. I also certify that Rice B. Pearsall Esq. is Chairman of the Court of Pleas and Quarter Sessions of the said County.
In testimony whereof I have hereunto set my hand and affixed my seal of office at office in the town of Halifax in the State of North Carolina this the 25 day of August A.D. 1843.
Ja Simmons Clk

A. Copy.
Marriage Bond
Reuben Griffith
To Sarah Manders
} }
1793 "

(A copy.)
Know all men by these presents, that we, Reuben Griffith and William Smith are held and firmly bound unto Richard D. Spaight, Esq. Governor in the sum of Five Hundred pounds, to payment which payment well and truly to be made to the said Richard D. Spaight Esq. Governor as aforesaid, or to his successors in office.
We bind ourselves our heirs executors, administrators and assigns firmly by these presents, sealed with our seals and dated this seventeenth day of Novr. Anno domini 1793.
The condition of the above obligation is such that whereas there is a marriage shortly to be solemnized and had between Reuben Griffith and Sarah Manders. Now if there should be no lawful cause to obstruct the said marriage then the above obligation to be void, or else to remain in full force and virtue.
Signed sealed in
Reuben Griffith (seal)
Presence of M. Duke Johnson.
William Smith (seal)
State of North Carolina } Marshall. J. Montgomery Clerk Warren County } of the Court of Pleas and Quarter Sessions for said County; Certify that the foregoing is a true and exact copy of the Marriage bond of Reuben Griffith to Mary Sarah Manders. Found on file in My Office, with the exception of the date, which was written in the above copy but in the Original, is expressed in plain legible figures, the 17 th day of Novr. 1793.
In testimony whereof I have hereunto set my hand and affixed My seal of Office, at Office in the town of Warrenton this 18 th day of Novr. 1813.
J. Montgomery Clerk

TREASURY DEPARTMENT,
SECOND COMPTROLLER'S OFFICE,
Dec. 16 th 1843,
Sir:
Under the act of the 6th of April, 1838, entitled "An Act directing the transfer of money remaining unclaimed by certain Pensioners, and authorizing the payment of the same at the Treasury of the United States," and the third section of the Act of August 23, 1842, extending the time within which pensioners may receive their pensions from the pension agents, The widow of Reuben Griffin, decd. a Pensioner on the Roll of the N. Carolina Agency, at the rate of One hundred Dollars and Cents per annum, under the law of the 7 th Jan y 1832, has been paid at this Department, from the 2 nd of March 1831, to the 14 th Feby 1837.
Respectfully, yours,
Comptroller.
To the COMMISSIONER OF PENSIONS, Present.

Executive Department - Richmond Virginia, 10 August 1832
It appears by the records of this department, that on the 14 th May last, Ruben Griffith was allowed Land Bounty for his services as a Corporal of Artillery in the Continental line for three years service.
W. H. Richardson Secy Com tee

Pay  WIDOW, &c.
File No. 7601
Sarah Griffith Wid.
Reuben Griffith Pvt. Rest. War.
Act: Feb. 24/48
Index:—Vol. 4 , Page 287
[Arrangement of 1870.]

Physickville
Sept 27/48
Rev Jas L. Canaway Days of Pension
Convers.
Dear Sir in Enclosed Mrs. Sarah Griffee's Declaration of Satisfactory, please forward, "Certificate to Dan Abt Spt" James Merrill
Yr.
Mrs. Susannah Plummer, died on the 9 th Sept 1848, a pensioner under the "Act Pensions" - she had a Guardian, Dan Abt Spt execute after declaration for him. she was living, please give me some instructions, in this case, & oblige Dan Abt Spt

Sir - I herewith enclose - a certificate showing the service of John Parsons in the case of Elizabeth Parsons - also the declaration of Sarah Griffin -
I am also requested to call your attention to the following cases & to know what has been done to work - Hannah Carlson widow of John Carlson - 2. Susannah Mulligan - widow of Lewis Mulligan - & of Sarah Mulligan widow of James Mulligan -
Yours truly
R. M. Saunders
Dec. 30 - 63
Mr. Edwards Dear Sir.

Halifax County State of North Carolina
§ § §
I Benjamin H. Smith
a Resident of said County do hereby certify on Oath, that I am well acquainted with Sarah Griffith the widow of Reuben Griffith who was a Soldier of the Revolution. I know they were Lawfully Married in the month of November in the year Sixteen Hundred & Ninety Three
Sworn to & Subscribed before Me this 25 th day of August 1843. — A. H. Smith
Witness Thos Busby S.P.
Messrs M. Sherrill
This is to certify that I am well acquainted with Ben a Smith and can say that he is a man whose oath may be relied on
Isaac N. Poulton

State of North Carolina Halifax County } I James Simmons Clerk of the County court aforesaid, certify that Thomas Ruskin and Isaac M. Hudson whose signatures appear to the within affidavits and certificates are  and were at the time of signing the same acting Magistrates duly commissioned & qualified, and that the signatures purporting to be theirs are genuine wherefore our said Order should be given to all their official acts
In testimony whereof I hereunto set my hand and affix my seal of office at office in the Town of Halifax the 25 th day of August 1843-
Jas Simmons Clk

Richard Griffin of North Carolina N.C.
John McEntire Washington City

State of North Carolina } Halifax County }
I hereby Certify that I have been acquainted with Rhenalus Griffis for many years, & am impressed with a belief that he was a revolutionary soldier, and between him & me between seventy and eighty years of age, he is in very indigent circumstances, he is the very man who was proven to be in the service of his Country by testi- -mony taken before me some years ago, see the testimony, the same under my hand this 27 day of August 1832
Woodson Hamlin

DECLARATION,
IN ORDER to obtain the benefits of the Act of Congress of February 2d, 1848, entitled "An Act making further provisions for surviving widows and soldiers of the Revolution":
STATE OF NORTH CAROLINA, Halifax COUNTY.
ON THIS, the 20 day of September 184 8 , personally appeared before the subscriber, a Justice of the Peace in and for said county Sarah Griffith a resident of Halifax county, aged 60 years, who, being first duly sworn according to law, doth, on her oath, make the following declaration, in order to obtain the benefits of the provision made by Act of Congress, passed on 2d of Feb. 1848, granting pensions to widows of persons who served during the Revolutionary War, that she is the widow of Jeremiah Griffith who was Private of Artillery, & that she drew a pension of One Hundred Dollars per Annum under the Act of 17th of June, 1844. She further declares that she is still a widow.
Sworn and subscribed on the day and year abovewritten, before me
M. A. Allen J. P.
Witness, B. T. Bromley
Witness, U. A. Riggan
Sarah Griffith [SEAL.] Mark Pensioner.
I certify that the above named affiant is personally known to me, and that she is the identical person as represented by her, in the annexed declaration.
M. A. Allen J. P. [SEAL.]
I, William W Canul Clerk of the Court of Pleas and Quarter Sessions, for Halifax county, certify that M. A. Allen is a Magistrate as above, and that the foregoing signatures, purporting to be his, are genuine.
IN TESTIMONY WHEREOF, I have hereunto affixed my seal of Office, and subscribed my name, this 22 day of September in the year 184 8 (eights-)
William W Canul
Clerk of the Court of Halifax County.

Declaration
In order to Obtain the benefits of the act of Congress of the 3 rd of March 1843 granting pensions for One Year to Certain Widows who have received pensions under the act of July 7 th 1838 -
State of North Carolina Halifax County - }
On This 24 th day of February 1844. personally appeared before the subscriber a justice of the Peace in and for said County Sarah Griffis a Resident of said County aged 74 Years. who being first duly sworn according to Law. doth on her Oath Make the following declaration in order to Obtain the benefits of the provision made by the act of Congress passed on the 3 rd March 1843. granting pensions to widows of persons who served during the Revolutionary War - That she is the widow of Reuben Griffis who. was a private of Artillery in the army of the Revolutionary War. That. she received One Hundred dollars per annum as a pension under. the act of 7 th July 1838 - She further declares that. she is still a widow - Sworn to & subscribed on the day and year above written before
Jas. P. Vaughan D.
Sarah her X Griffis mark
N. Carolina
Halifax County }
I certify That. the above Sarah Griffis is still a widow and the same & Identical Person That. has already drawn a pension under. The act. 7 th July 1838. as above described - Given under My hand & Seal. This 24 th day Feb. 1844
Jas. P. Vaughan D.

N. Carolina
Halifax County, } I James Simmons Clerk of the Court of Pleas & Quarter Sessions for the said County. in said Court certify James J. Vaughan is a Magistrate as above and that the foregoing signature, purporting to be his, is Genuine In Testimony whereof I have hereunto affixed my Seal of Office at Office In the Town of Halifax this Eighth day of March 1844.
James Simmons Clerk

State of North Carolina } Halifax County - }
I, John Hockaday - of The County & State afore said, Certify upon Oath, that I was Well acquainted with Reuben Griffis who was a Soldier of The Revolution & also I was & am now acquainted with his widow - Sarah whose Maiden Name was Sarah Manders - I also Certify I was present when Sarah Manders & Reuben Griffis were were Married which Took place some time in the month of November in the Year 17 Hundred & Ninety Three and That they Lived together as husband & wife until the time of said Reuben Griffis death, which I know occurred in the month of February One Thousand eight hundred and Thirty four - 1834 - I also Certify That the said Sarah Griffis is Now a Widow & has never married since the said Reuben Griffis died
Given under my hand & Seal This 25 th day of October 1843
Sworn to before me & subscribed }
Sterling H. Goe
John Hockaday
North Carolina } ss. Halifax County }
I, Sterling H. Goe a Magistrate, in & for The County & State afore said, Certify That I am well acquainted with John Hockaday who hath this day sworn to & subscribed The foregoing Certificate before me, and That he is a Credible Person & is worthy to be believed on Oath
Given under my hand and Seal This 25 th of October 1843 -
Sterling H. Goe

State of North Carolina
I James Simmons Clerk of the Court of Pleas and quarter sessions for the County of Halifax do hereby certify that S. H. Gee whose signature appears to the within certificate is and was when he signed the same an acting justice duly commissioned and qualified in and for our said County
In testimony whereof I have set my hand and affixed the seal of my office This 25 th day of Oct 1823
J Simmons CLK

8010
North Carolina
Sarah Griffith widow of Reuben Griffith .
who was a pensioner under the Act of 1832 and who died on the 14 th February 1834 of Halifax Co in the State of North Carolina who was a priv. of Artillery the Company commanded by Captain Wawl of the Reg t commanded by _____ in the N. Carolina line for 2 years
Inscribed on the Roll of N. Carolina at the rate of 100 Dollars Cents per annum, to commence on the 4th day of March, 1836.
Certificate of Pension issued the 12 th day of January 1844 and sent to Hon. R. M. Sanders.
Total amount, $500:00
[Act July 7, 1838.]
Recorded by Book D.
Vol. 1 Page 291.
F. L. Swann Clerk,

5205
N. Carolina
Sarah Griffis widow of Reuben Griffis who was a B re of Arty: in the N. Line
Inscribed on the Roll at the rate of 100 Dollars — Cents per annum, to commence on the 4th day of March, 1843.
Certificate of Pension issued the 1 st day of April 1841 and sent to Hon. R. M. Sanders. H. Rep!
[Act of March 3, 1843.]
Recorded in Book A Vol. 1 Page 202

Paid at the Treasury under the Acts of April 1838 from 4 March 1831. to 14. Feb. 1837. Agt. collected Apr. 1. Apr 46 1. Oct 1844

26. 408. _____
Reuben Griffin North Carolina
Adm 2 years Artillery $100. _____
John McEntee Washington City

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 the 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 inquiry 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 organized 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 [j] 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.