Revolutionary War Pension and Bounty Land Warrant Application File S. 13172, Edward Gay, Conn.
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(8-1776)
SERVICE
Conn. Gay, Edward S. 13172
CONTENTS carded
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14985
New York
Edward Gay
Delaware in the State of N. York
who was a Private in the ?? commanded
by Captain Elmore of the Reg. commanded by Col Mattews in the ??
for 11 months
Inscribed on the Roll of N. York
the rate of 36 Dollars 66 cents per annum
commence on the 4th of March 1831.
Certificate of Pension issued the 27th day of July
1822  and ??? N. Johnson Delhi

Arrears to the 4th of ??? $73.32
Some-ane allowance ending ??? 18.33
$91.66
Recorded by Go C Stiles clerk
Book E Vol. 3 page 51
Revolutionary claim
Act June 7 1832
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State of New York
Delaware County ss
On this eighth day of
October in the year of our Lord one
thousand eight hundred and thirty two
personally appeared in open court before
the court of Common pleas in and for
the said County of Delaware now sitting
Edward Gay a resident of the town of Franklin in the said county of Delaware and state of New York aged sixty nine 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
That in 1777 after the destruction of the of the continental stores at Danbury by the British a store for the deposit of ammunition provisions etc. for the use of the army was established at Sharon in Connecticut fifty miles from stores on the north river the then general rendezvous of the Continental army stationed in that quarter a small detatchment from the Continental troops under the  command of Lieutenant Smith were stationed at said Sharon as a guard to said stores also as a company of teamsters were enlisted from the [illegible] of that port of Connecticut which were under the command of Capt. David  Elmore to transport the said ammunition provisions & forage ect. to Fishkill for the use of the army which ammunition etc was brought from
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Boston and other places and deposited in the stores at Sharon in the month of August 1778 the said Lieut Smith with the guard were ordered to join the army and the militia were called on to guard the stores & also the teams when transporting the ammunition & to [illegible] then being under command of Major Willitt Farage [illegible]
That on or about the 20th of August 1778 he the said Edward Gay volunteered his services in the guard to the stores and militia and served in guard or driving team (as we were frequently ordered to do) while transporting ammunition provisions forage & to the army untill the 25th of December following when we were discharged having been in active service as militia men subject to the same rules & entitled to the same rations and pay for the term of four months 
That in the month of July that on or about the tenth of July 177[?} the British burnt the towns of Fairfield & Norwalk in Connecticut & the militia were called upon to go to Norwalk that he the said Gay volunteered under the command of Capt. Hamblin and went to Norwalk where the company were placed under the command of Col. Matthew Mead & were stationed a part of the time at Norwalk and or part of the time at Stamford Newcanaan & Ridgefield where they together with [illegible] said Gay were discharged in the month of August following having served one month
Jonathan Trumball the
That [illegible] governor of Connecticut then ordered a regiment of militia to be raised by enlistment for three months to be stationed at Horseneck & its vicinity and that he the said Gay then enlisted on or about the 20th of said
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month of August for three months under Capt. Fletcher of Salisbury Con. Col. [illegible] Roger Enos commanding the regiment rendezvous at Danbury; thence marched to [illegible] week & were stationed at Byram's bridge a part of the time & a part of the time at Horseneck town the whole of the militia on that station were then under the command of Gen. Mead as he the said Gay believes the regiment were discharged at Horseneck at the expiration of the term of enlistment that is three months.
That about the 15th of June 1780 the governor of Connecticut ordered a regt. of militia to be raised for three months to join those enlisted for nine months then stationed at Horseneck that he the sd Gay again enlisted for three months under Capt. John Penoyer at Sharon Col. Andrew Adams Comdt. of the Regt rendezvoused at Danbury marched from thence to Horseneck & encamped with the regiments of Col Canfield & Beber of the nine months men, the whole being of Litchfield Con. although on account of his civil offices he did not remain long with the troops, & the command devolved upon Col Canfield of the nine months men. We were a part of the time stationed at Horseneck a part at Rye Mamaroune and last at North Castle where on or about the 20th of Sept. following we were discharged. having served the whole term of three months while lying at the above stations we always had a part of Col. [illegible] Sheldon & Light house stationed near [illegible] to [Illegible] the country of the cowboys (so called) who much inifested the country 
that {2 lines illegible}
And he hereby relinquished every claim what ever to a pension or annuity except the present & declares that his name is not on the pension roll of the agency of any state sworn to & subscribed the day & year aforesaid in open court CB Sheldon Clerk.
Edward Gay
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We Alexander Smith a clergyman [illegible] in the town of Franklin the the county of Delaware and Jacob Howell residing in the town aforesaid- here by certify that  we are well acquainted with Edward Gay who has subscribed & sworn to the above declaration that we believe him to be sixty nine years of age that he is reputed & believed in the [illegible] where he resides to have been a soldier of the revolution & we concur that opinion sworn & subscribed the day and year aforesaid
And the said court do hereby declare therein opinion after the investigation of the matter & after putting the interogatories prescribed by the War Department that the abovenamed applicant was a revolutionary soldier & served as he states and the court further certifies that it appears to them that Alexander Smith who has signed the preceeding certificate [illegible] is a clergyman residing in the town of Frankliln [illegible] and that Jacob Howell who has also signed the [illegible] is a resident in this same town of Franklin & is a credible {illegible} statement [illegible] to [illegible]
I Crawford B Sheldon clerk of the county of [illegible] Pleas in & for the county of Delaware do hereby certify that  fore [illegible] contains the original proceedings of the [illegible] court in the matter of the application for a pension  Edward Gay for a pension
In the testimony whereof i have hereunto set my hand & seal of office this eighth day of Oct. in the year one thousand eight hundred and thirty two
CB Sheldon  [illegible]
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To the Hon. Court of Common pleas int eh County of Delaware, So it is not in any way convinent, (subscribers to the following) for either of the underwritten [illegible] to appear in court, and no judge of s. court being in town, we have made oath to the same before a justice of the peace.
Delaware Courthouse
October 6th 1832 We, Alexander Smith, a clergyman, residing in the town of Franklin, County of Delaware and state of New York, and Jacob Howell, residing in the same hereby certify that we are well acquainted with Edward Gay, who has subscribed and will swear to the declaration which is [illegible]; that we believe him to be sixty nine years and eight months of age; that he is reputed and believed in the neigborhood where he resides to have been a soldier of the revolution, and that we concur in that opinion. 
Sworn, and subscribed, the day and year aforesaid.
Alexander Smith
Jacob Howell
before me Allis Brown Justice {illegible}
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State of New  York
County of Delaware ss. I Crawford B Sheldon
Clerk of the County of
Delaware do certify
that Allis Brown Eigan
before whom the writtin affidavit
purports to have been
Sworn was at the date
of the same one of the Justices of the Peace in and for
Said Country and that I am well acquainted with the hand writing of the said Justice and believe 
his name subscribed to the said affidavit to be his
proper hand writing and signature. Witness my
hand and Seal of office this Eighth day of October
1832.
C B Sheldon Clerk

(added sideways at the bottom)
In the matter of Edward Gay
18292
aomd
11 mopri

$3666
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No.18292
Edward Gay Delaware County
New York
???

e.u.m

Noadiah Johnson Delaware County New York
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183
Sir:
 The evidence in support of your claim, under the act of June 7, 1832, has been examined, and the papers are herewith returned.  The following is a statement of your case in a tabular form. On comparing these papers with the following rules and the subjoined notes, you will readily perceive that objections exist, which must be removed, before a pension can be allowed. The notes and the regulations will show what is necessary to be done. Those points to which your attention is more particularly directed, you will find marked in the margin with a brace, (thus}).  You will, when you return your papers to the Department, send this printed letter with them; and you will, by complying with this request, greatly facilitates the investigation of your claim.

Enlisted 1777 not stated private Capt. Elmore ?? Willett  69 years traditionary ??????? papers not properly attached

Vol  1778  -  4 - private Capt. Hutchinson

Vol 1779 - 1 - private Capt Hamblin Col. Matthews    went to Norwalk and Stanford marched to Horse Neck 

Augt   -3-  private Cap. Fletcher Col. Enos  Oliver Walcot
Enlisted 15 June 1780  -3-  private Col. Penoyer  Col. A. Adam  marched to Horse neck

I am respectfully, Your obedient servant,
J.L.Edwards Commissioner of Pension.
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2
REGULATIONS UNDER THE ACT OF JUNE 7, 1832. 
The following regulations have been adopted:
This law has been construed to extent, as well to the line, as to every branch of the Staff of the Army, and to include under the terms “Continental Line,” “State troops,” “militia,” and “volunteers,” all persons enlisted, drafted, or who volunteered and who were bound to military service, but not those who were occasionally employed with the army upon civil contracts, such as Clerks to Commissaries and to Store Keepers, &c. Persons who served on board of Private Armed Vessels are also excluded from the benefits of the law, as well as persons who turned out as patrols, or were engaged in guarding particular places at night, and were not recognized as being in actual military service. 
Four general classes of cases are embraced in this law:
1. The Regular Troops.
2. The State Troops, Militia, and Volunteers.
3. Persons employed in the Naval service. 
4. Indian Spies. 
As rolls of the regular troops in the Revolutionary War exist in this Department, all persons, claiming the benefit of this law as officers, non-commissioned officers, musicians or privates, will in the first instance, make application by transmitting the following declaration, which will be made before a Court of Record of the County where such applicant resides. And every Court having by law a seal and Clerk is considered a Court of Record. 
DECLARATION
In order to obtain the benefit of the Act of Congress of the 7th of June, 1832. 
State, Territory, or District of
County of
On this     day of        personally appeared to (a) before          A.B. a resident (b) of                  in the county of               and State, Territory or District of                  aged (c)                 years, who being first duly sworn, according to law, doth on his oath make the following declaration, in order to obtain the benefit of the provision made by the act of Congress, passed June 7th, 1832. That he enlisted in the Army of the United States in the year (d)              , with        and served in the            (e) regiment of the           line, under the following named officers:
[Here set forth the names and rank of the Field and Company Officers; the time he left the service; (and if he served under more than one term of enlistment, he must specify the particular period, and rank and names of his officers;) the town or county and State in which he resided when he entered the service, the battles, if any, in which he was engaged; and the country through which he marked. This form is to be varied so as to apply to the cases of officers and persons who belonged to the militia, volunteers, navy, &c.]
He hereby relinquishes every claim (f) whatever to a pension or an annuity, except the present, and he declares that his name is not on the Pension Roll of any Agency in any State, or (if any) only on that of the Agency and State of 
Sworn to and subscribed the day and year aforesaid.
A.B.
[And then will follow the certificate of the Court. ]
And the said Court to hereby declare their opinion (g) that the above named applicant was a revolutionary soldier, and served as he states. 
I                                               of the Court of                      do hereby certify (h) that the foregoing contains the original proceedings of the said Court in the matter of the application of 
In testimony whereof I have hereunto set my hand and seal of office (i) this 
day of 
&c. 
If, on examination of the proper record the names of applicants, making such declaration, cannot be found, they will produce such proof as the rule given in note (j) points out. 
Every applicant who claims a pension by virtue of service in the State Troops, Volunteers or Militia, except those who belonged to the New Hampshire Militia and State Troops of Virginia, will make and subscribe a declaration similar to the foregoing, with the following additions, viz:
(k) We, A.B., a Clergyman, residing in the and C.D. residing in (the same) hereby certify, that we are well acquainted with , who has subscribed and sworn to the above declaration; that we believe him to be years of age; that he is reputed and believed, in the neighborhood where he resides, to have been a soldier of the Revolution, and that we concur in that opinion. 
Sworn and subscribed the day and year aforesaid, 
[And then will follow the certificate of the Court.]
And the said Court do hereby their opinion, after the investigation of the matter, and after putting the interrogatories prescribed by the War Department, that the above named applicant was a Revolutionary Soldier, and served as he states. And the Court further certifies, that it appears to them that A.B. who has signed the preceding certificate, is a clergyman, resident in the 
and that C.D., who has also signed the same is a resident in the
and is a credible person, and that their statement is entitled to credit. 
I, Clerk of the Court of do hereby certify that the foregoing contains the original proceedings of the said Court, in the matter of the applicacation of for a pension. 
In testimony whereof, I have hereunto set my hand and seal 
of office, this day of &c. 
Every applicant will produce the best proof in his power. This is the original discharge or commission; but if neither of these can be obtained, the party will so state under oath, and will then procure, if possible, the testimony of at least one credible witness, stating in detail his personal knowledge of the services of the applicant, and such circumstances connected therewith, as many have a tendency to throw light upon the transaction.
If such surviving witness cannot be found, the applicant will so state in his declaration (l) and he will also, whether he produce such evidence or not, proceed to relate all the material facts, which can be useful in the investigation of his claim, and in the comparison of his narrative with the events of the period of his alleged service, as they are known in the Department. A very full account of the services of each person
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3
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 at-
tempted; 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 Milítia, 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?
6 {To an Officer.{Did you ever receive a commission, and if so, by whom was it signed, and what
has become of it?
7. State the names of persons to whom you are known in your present neighborhood, and who can testify as to your character for veracity, and their belief of your services as a soldier of the Revolution.
The Court will see that he answers to these questions are embodied in the declaration, and they are
requested to annex their opinions of the truth of the statement of the applicant.
The applicant will further produce in Court, if the same can be done, in the opinion of the Court,
without too much expense and inconvenience to him, two respectable persons -one of whom should be
the nearest clergyman, if one lives in the immediate vicinity of such applicant, who can testify, from
their acquaintance with him, that they believe he is of the age he represents, and that he is reputed
and believed in the neighborhood to have been a Revolutionary soldier, and that they concur in that opinion.
If one of these persons is a Clergyman, the Court will so certify, and they will also certify, to the character and standing of other persons, giving such certificates.
The traditionary evidence of service is deemed very important, in the absence of any direct
proof, except the declaration of the party. And the Courts are requested to be very particular in the
enquiry whether the belief is general, and whether any doubts have ever existed upon the subject.
Applicants unable to appear in Court by reason of bodily infirmity, may make the declaration before required, and submit to the examination, before a Judge or Justice of a Court of Record of the
proper county, and the Judge or Justice will execute the duties, which the Court is herein requested to
perform, and will also certify that the applicant cannot, from bodily infirmity, attend the Court.
Whenever any official act is required to be done by a Judge or Justice of a Court of Record, 
or by a Justice of the peace. the certificate of the Secretary of State or Territory, or of the proper
Clerk of the Court or County, under his seal of office, will be annexed, stating that such person is a
Judge or Justice of a Court of Record, or a Justice of the Peace, and that the signature annexed is
his genuine signature.
No payments can be made on account of the services of any person, who may have died before
the taking effect of the act of June 7, 1832; and in case of death subsequent thereto, and before the
declaration herein required is made, the parties interested will transmit such evidence as they can procure, taken and authenticated before a Court of Record, showing the services of the deceased, the period
of his death, the opinion of the neighborhood respecting such services, the title of the claimant, and the
opinion of the Court upon the whole matter.

(a) The declarant must appear in open Court, unless prevented from doing so by reason of bodily infirmity; in which case the declarant will follow the rule laid down for his guidance.
(b) The declarant must make his declaration in the county where he resides, If he should fail to do so, he must assign a sufficient reason for not
conforming to the rule.
(c) The age of the claimant must invariably be mentioned.
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 _________ month* 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 declaration is
highly objectionable. It must, in every case, be clearly shown under what officers the applicant served: the duration of each term of engagement
the particular place or places where the service was performed that the applicant served with an embodied corps called into service by competent authority that he was either in the field or in garrison; and for the time during which the service was performed, he was not employed in any civil
pursuit.
(f) The law makes the relinquishment indispensable.
(g) The opinon 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.
> The notes from (a) to (i) are all equally applicable to the cases of Militia men, Volunteers and State Troops. The proof required by rule in
note (J) applies to continental troops only.
(k) This traditionary evidence is indispensable in militia cases.
(l) If a witness cannot be found, the declarant must state the fact.
(m) The answers to the interrogatories must all be written, and sent to the War Department, with the declaration.
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In reply to your request of _________, received __________
for a statement of the military history of Edward Gay
a soldier of the REVOLUTIONARY WAR, you will find below the desired
information as contained in his application for pension on file in this Bureau.
S. 13172

DATES OF ENLISTMENT OR APPOINTMENT--LENGTH OF SERVICE
Aug. 28, 1778 to Dec. 25, 1778
July 1779 - 1 mo.
Aug. 20, 1779 - 3 mos.
June 15, 1780 to Sept. 20, 1780

RANK
(Blank)

OFFICERS UNDER WHOM SERVICE was RENDERED.
CAPTAIN.
Sergt Hutchinson
Capt Hamblin
Fletcher
John Penoyer

COLONEL.
(Blank)
Matthew Mead
Roger Enos
Andrew Adams

STATE
Conn.

Battles engaged in,____________________
Residence of soldier at
enlistment, Enlisted it Sharon, Conn.
Date of application for pension, Oct 8,1832 His claim was allowed.
Residence at date of application, Franklin, Delaware Co., N.Y.
Age at date of application, born February  3, 1763, at Sharon, Litchfield Co. Conn.
Remarks: there is no family data on file in the claim.
Respectfully,
Commissioner

3-285C
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Stamped:
USA Pension Office 
May 24, 1917

Howell Mich.
May 21, 1917

Commissioner of Pensions
Washington D.C.

Dear Sir,
Enclosed you will find a copy of a pension which was given to Edward Gay who was an ancestor of mine. This copy was sent to me from Sharon Conn. As I would like to become a member of the D.A.R. Society it will be necessary to have an official certified copy of the pension, which I am asking you to send me. Edward Gay son of Perez and Margaret Fairbanks Gay was born in Sharon Conn. Feb. 3, 1763, died May 15, 1846
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at Franklin New York. He enlisted at Albany N.Y. as a soldier in the Revolutionary War and served nine months. I would like to know the name of the company also the date of his enlistment and time of his discharge. Will you kindly give me this information as soon as possible?

Very Respectfully Yours
(Mrs) Elizabeth Gay Hayden
Howell Michigan
303 State St.

Stamped:
USA Pension Office
May 24, 1917
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1917 June (smudge) to Mrs Elizabeth G. Hayden

13172
INVALID.
File No 13, 172
Edward Gay
Brin. Rev. Wan.
Act: June 7th 1832

Index:--Vol. 1 , Page 138
[Arrangement of 1870.]
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State of New York
County of Delaware ss
I Crawford B Sheldon Clerk of 
the Court of Common Pleas in and
for the County of Delaware do
certify that annexed Contains the
original proceedings of the said
Court in the matter of the application
of Edward Gay for a pension on the Eighth day of October 1832.
And further that Amos Douglass Esq before whom
the annexed affidavit purports to have been Sworn
on the 15th day of June 1833_ was at the date of the
Same one of the Judges of the Court of Common Pleas
in and for the said country and that I am well
acquainted with the hand writing are of the said judge
and verily believe his name subscribed to the said
affidavit to be his proper hand writing and Signature.
In testimony whereof I have [??] [??]
hand and Seal of office this 26th day of June 1833.
C B Sheldon Clerk.
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State of New York
Delaware County ss: On this fifteenth day of June in the year of our Lord one thousand eight hundred and thirty three personally appeared before me Amos Douglass one of the Judges of the court of Common Pleas but for the said county of Del County. Edward Gay the [???] and named in the annexed declearation and makes oath as follows:

That he was living in the town of Sherman and County of Litchfield and State of Connecticut on the third day of February in the year 1763 according to his best knowledge and belief. I have a receipt of my age as [??]  [???] in a family Bible now in my prossession which said Bible was given to me by my father. This is all the means of my age which I know of. I further state that I do not claim for any services in the year 1777 as I did not render any in that year. 
Edward Gay

Sworn to and subscribed the 15th day of June 1833 before me 
Amos Douglas Judge of the Court of Common Pleas of the County of Delaware County