Revolutionary War Pension and Bounty Land Warrant Application File S. 16,320, Dudley Bayley, N. H.
Page 1

SERVICE  N.H.

Bayley, Dudley
or Bailey

NUMBER  S.16,320

carded
Page 2

1686
New Hampshire
Dudley Bayley
of Warner in the State of N.H. who was a Private in the Company commanded by Captain [blank] of the Regt commanded by Col Scammel in the N H line for 13 mos 19 Days

Inscribed on the Roll of N Hampshire at the rate of 15 Dollars 43 Cents per annum to commence on the 4th day of March 1831.

Certificate of Pension issued the 9th day of October 1832 and sent Joseph C West  Concord NH

Arrears to the 4th of Sept 1832 - - - - -  $68.14
Semi-anl. allowance ending 4 Mar '34 - - 22.71
[total] $90.85

{Revolutionary Claim, Act June 7, 1832.}

Recorded by T H McBlair Clerk
Book D  Vol.1st  Page143.
Page 3

Dudley Bayley

Warner

10,055
Page 4

DECLARATION
In order to obtain the benefit of the Act of Congress, passed June 7, 1832.
State of New-Hampshire
County of Merrimack} ss.
On this 28th day of August 1832, personally appeared in open Court before the Judge of the Court of Probate for said County, now sitting, Dudley Bayley a resident of Warner in the County of Merrimack and State of N. H. aged 77 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 -- that he enlisted at Hamstead [Hampstead]  in the County of Rockingham and State of New Hampshire about the month of May 1775 for eight months under Capt Hutchins,  L Emerson, in Col Scammells Regt of New Hampshire Militia & marched directly to Medford & Winter Hill near Boston and there served the full term of Eight months & was honorably dismissed had no written discharge. That he enlisted in Londonderry in the State & County aforesaid about the first of July 1777 for two months under Capt Runnels, Lt Taylor, in Col Greggs Regt New Hampshire Militia and marched directly to Bennington (Vermont) from thence to Bemans [Bemis] Heights served the two months and [was] honorably dismissed.  have no written discharge. That he enlisted a [at] Salem in the State & County aforesaid  about the first of July 1780 for three months under Capt Eastman, Lt James  Webster. Ens Job Kent Colo  Bartlett's Regt in N. Hampshire Militia and marched directly to West Point & served there three months out - was there honorably dismissed had no written discharge
That he was born in Haverhill Mass, in the year 1753 was moved by his father when very young to Atkinson New Hampshire from thence to Salem N.H. from thence to Hampton in New Hampshire lived there untill he entered the service of the U States, and since lived in Salem until A.D. 1807. Then moved to Warner in County & State aforesaid lived there for twenty-five years last past and now resides in same place.
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.
[signed] Dudley Bayley
Sworn to and subscribed, the [blank]

We, Abner B. Kelley Teasurer of the State of New Hampshire residing in Concord formerly of Warner, and Daniel Wheeler residing in Sutton hereby certify, that we are well acquainted with Dudley Bayley, who has subscribed and sworn to the above declaration; that we believe him to be 77 years of age; that he is reputed and believed, in the neighborhood where he resides, to have been a soldier of the Revolution, and that we concur in that opinion.
[signed] Abner B. Kelly   Daniel Weller
Sworn and subscribed the day and year above mentioned.

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 certifies, that it appears to them that Abner B. Kelley who has signed the preceding certificate, is a resident in Concord, N.H. -- and that Daniel Wheeler, who has also signed the same is a resident in the Sutton NH  and are credible persons, and that their statement is entitled to credit. 
[signed] Boswell Stevens Judge of Probate 

I, H.B. Chase, Register of the Court of Probate for said County of Merrimack do hereby certify that the foregoing contains the original  proceedings of the said Court, in the matter of the application of the said Dudley Bailey for a pension.
In testimony whereof, I have hereunto set my hand and affixed the seal of said Court, this 28th day of August, A.D. 1832
[signed] H.B. Chase, Register of Probate.
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Dudley Bailey
No 10.055
on Roll Col Bartlett's Regt
Capt Eastman's Co
enlisted 6 July 1780 
- served 3 mo & 19 ds

13 Ms & 19 days

Admitted

$45.43


J. C. West
Concord
N. H.
-
Page 6

BRIEF in the case of Dudley Bayley 
of  Warner in the State of N. Hampshire
(Act 7th June, 1832.) 

1. Was the declaration made before a Court or a Judge?  Court 

2. If before a Judge, does it appear that the applicant is disabled by bodily injury? [blank] 

3. How old is he? 77 Years

4. State his service, as directed in the form annexed. 
In 1775 - 8 months - private - Cap Hutchins Col Scammells
77 - 2 Months - [private] - Cap Runnels Col Greggs or Gray
80 - 3  months 19 days* - [private] - Cap Eastman, Col Bartlett

5. In what battles was he engaged?  None stated

6. Where did he reside when he entered the service?  Hamstead N.H.  [Hampstead]

7. Is his statement supported by living witnesses, by documentary proof, by traditionary evidence, by incidental evidence, or by the rolls?   Living witnesses 

8. Are the papers defective as to form or authentication? and, if so, how?  correct

I Certify that the foregoing statement and the answers agree with the evidence in the case
[signed] D D Addison  Examining Clerk.

*as per roll of serv
Page 7

16.320
INVALID.
Dudley Bayley
File No. 16,320
Pri Rev War
Act: June 7" 32
Index: -- Vol. A, Page 433
[in brackets] Arrangement of 1870.
Page 8

I Moses Emery of Bradford in the County of Merrimack and State of New Hampshire of Lawfull age testify and say, that in the year 1780, at Hampstead in County of Rockingham and State aforesaid I enlisted into the service of the United States for three Months under Capt Eastman in Col. Bartletts Regt in New Hampshire line.  Marched to West Point in State of New York was there at the time Arnold sold the Point to the British and served three months, and testify and say that Dudley Bailey of Warner in the County and State aforesaid, was there with me as a Soldier and served full three months, in the same company and Regt and under same officers.  We were  dismissed together and returned home at same time
[signed] Moses Emery

Merrimack ss
August 1832}   Personally appeared the above named Moses Emery the deponent and made oath that the above affidavit by him subscribed is just and true. --Before me [signed] John Raymond Jus Peace
I Certify that the above named Moses Emery is a man of good Character whose statements are entitled to full credit.-
[signed]  John Raymond Jus. Peace
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State of New Hampshire Secretary's Office August 1. 1832.
I hereby certify that the within named John Raymond is a Justice of the Peace for our County of Merrimack duly constituted and sworn.
In testimony whereof I have hereto set the seal of the State.
[signed] Ralph Mehalf   Secretary.
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Dudley Bailey
No. 10,055


J. C. West
Concord N.H.
Page 11

BRIEF objections to the admission of Pension Claims, of which those answered in the negative, in red ink, will apply to the claim of Dudley Bailey, 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? [blank]

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
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[Page] 2

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? Yes

XII. If the clergyman's affidavit has not been produced, is there any reason assigned for not obtaining it? [blank]

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? [blank]

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? yes 

XV. Does it appear from any of the papers that the witness was in 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? Yes

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.”
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[page] 3

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.

+QUERE XIV . Proof of Service. 
In a case where the name of the applicant is not found on 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 affidavits must be properly authenticated, as above directed.

++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.
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Mr Asa Putney's
Affidaved [Affidavit]



[along eight edge]
Putney for Bailey
Page 15

I Asa Putney of Warner in the County of Merrimack and State of New Hampshire of lawfull age depose and say that there was a call for men to go to Medford in the State of Massachusetts near the City of Boston.  I enlisted into Capt Baldwin's Company in Colonel John Starks Regiment in the spring of the year A.D. 1775, and went to Medford and staid eight months in Medford and its vicinity, and Dudley Bailey who now lives in Warner was then a soldier there in Capt. Hutchins Company in Colonel Scammons or Scamels Regiment and staid as long as I did and served as a private during said term in said company
[signed] Asa Putney

State of New Hampshire
Merrimack ss}  July 14th 1832
Personally appearing the above named Asa Putney and made solemn oath that the above affidavit by him subscribed is true- Before me [signed] Benger Evans  Justice Peace
I hereby certify that the above deponent is entitled to full credit for truth and veracity and sustains a good moral character
[signed] Benjamin Evans   Justice Peace

State of New Hampshire Secretary's Office July 14 1832
I certify that the above named Benjamin Evans is a Justice of the Peace for our County of Merrimack duly constituted and Sworn
In testimony whereof I have hereto set the seal of said State
[signed]  Ralph Metcalf   Secretary
Page 16

I Nathaniel Cheney of Sutton in the County of Merrimack and State of New Hampshire of lawful age depose and say that in the spring of the year A D 1777 while I was living at Hampstead in said State there was a call for men to go to Bennington in the State of Vermont and that I enlisted into Capt Runnels Company of Colonel Grays Regiment for two months and that I served the term of two months and more at said Bennington and its vicinity.  I further depose and say that Dudley Bailey who now lives in Warner in said State of New Hampshire was there with me and that he belonged to the same Company and the same Regiment that I did and that he served the term of two months or more according to the best of my recollection -
[signed] Nathanel Cheney

State of New Hampshire
Merrimack ss.}  July 16th 1832
Personally appearing the above named Nathaniel Cheney made solemn oath that the above deposition by him subscribed is true- Before me   [signed] Nathan S. Colby Justice of the Peace
This certifies that the above named Nathaniel Cheney is a person of a good moral character and is entitled to full credit
[signed] Nathan S Colby Justice of the Peace
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State of New Hampshire, Secretary's Office July 16. 1832
I hereby certify that the within named Nathan S. Colby is a Justice of the Peace for our County of Mermack duly constituted and sworn.
In testimony whereof I have hereto str the seal of the state
[signed] Ralph Metcalf   Secretary.


Nathaniel Cheney's
Depposition
for Bayley


[along right edge]
Cheney for Bailey