Revolutionary War Pension and Bounty Land Warrant Application File S. 15,874, Israel Hays, Mass.
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(8-1776)

SERVICE | | NUMBER

Mass. | Hays, Israel | S. 15.874

| | carded
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CONTENTS
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18.452
Vermont
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Israel Hayes
of Burlington Co. in the State of Vermont
who was a private in the Company commanded
by Captain ----- of the Regt. commanded
by Co Davidilson in the [crossed-out Vt] Mass Ma:
line for 8 months.
-----
Inscribed on the Roll of Vermont 
at the rate of 26 Dollars 66 Cents per annum, 
to commence on the 4th day of March, 1831.
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Certificate of Pension issued the 2 day of Sept 
1833 and sent to
M. Burton Rupert
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Arrears to the 4th of March 1833 | $53.32
Semi-anl. allowance ending 4 Sept - | 13.33
| $66.65

{Revolutionary Claim,
Act June 7, 1832.}

Recorded by W. L. Williams, Clerk,
Book E Vol. 3 Page 14
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[text is very faint and difficult to read]
State of Vermont
County of Bennington
Manchester Probate District

On this 29th day of August AD. 1832, personally appeared in open Court before the Court of Probate for the District of Manchester [illegible] now Sitting Israel Hays, a resident of Rupert in the County of Bennington and State of Vermont aged Eighty years, who being first duly sworn according to Law, doth, on his oath, make the following declaration, in order to obtain the benefits of the Act of Congress passed June of 1832. - that he entered the service of the United States under the following named officers, and Israel as herein stated. In April in the year 1775. the British troops were then in the possession of Boston, they sent a detachment of their Troops into the Country for the purpose of harassing the people and destroying military stores they came as far as Lexington and were driven back by the militia [illegible] for these [illegible] - this occasioned an alarm and in this alarm I volunteered together with most of the militia company to which I belonged, we marched immediately to Roxbury near Boston, a short time after we arrived there, volunteers were called for, for eight months, served [illegible] for that term [illegible] here at others belonging to the same Company. I can recollect the names of some of the men that volunteered out of my Company being Luis Dunham Ensign, Amos [illegible] Sergt Leve Bradley, Amos Loomis, Noah Loomis, and William Campbell, they all resided in Southwest Massachusetts. whether any of these men are now living I do not know. I then enlisted for Eight months. I entered the Service the last of April in the first of May
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[text is very faint and difficult to read]
1775. at Roxbury in the Company, commanded by [illegible] Bole of Grenvill Massachusetts, Lieut.
Bancroft of said Granville and Ensign Liue Dunham of [illegible], we were attached to the Regiment Commanded by Timothy Davidilson. who belonged I think in Enfield and Genl Brewers Brigade. I was stationed at Roxbury during the whole time I was employed. On fatigue [illegible] & [illegible] I was not in any engagements while in service. the battle of [illegible] was fought while I was in the Service I was on the [illegible] which I [illegible] [illegible] & hear it. Charleston was [illegible] the same time I was well acquainted with Genl. Washington by sight. he was at Roxbury occasionally, he was stationed in Cambridge. I was also acquainted with Genl. Putnam he even at  our [illegible] & frequently the Light House at Boston was  for [illegible] of the [illegible]
[illegible] [illegible] [illegible] by a party of [illegible] I destroyed. [illegible] [illegible] of the British as [illegible] [illegible] [illegible] against in what their [illegible] near Creek & Genl. Putnam, went into the [illegible]. I [illegible] six [illegible]. [illegible] [illegible] in [illegible] [illegible] it there were some [illegible] [illegible] and at Roxbury, and [illegible] at Cambridge, [illegible] [illegible] Patterson [illegible] [illegible] of the Massachusetts Line was stationed at Cambridge. I continued in the [illegible] under the above same officers untill the first day of January 1776 when my term was [illegible] & I left the Service. I have no documentary evidence and Lieu &c. [illegible] I do not know of any person whose testimony
I can [illegible] who can testify to my having [illegible] [illegible] whose testimony with accompany this declaration. I hereby relinquish any claim whatever to a pension or annuity except the present, and I also declare that my name is not on the pension roll of the agency in any State. I was born in Linsburg [illegible] in the year 1752 the 6th of Jany. There is a record of my age in Linsburg. I was living in [illegible] [illegible]. when [illegible] the [illegible]. I lived there untill until after the close of the war, when I moved to Rupert Vermont where I have lived ever since. I [illegible] that [illegible] as a
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I Daniel Warner of Rupert in the County of Bennington and Sate of Vermont of Lawful age do testify and say that I am acquainted with Israel Hays, and was acquainted with him in 1775. lived in that time in the neighborhood with him, that this deponent entered the Service as a Soldier in the spring of 1775 as he believes in the month of May, [crossed-out - 1775] at Roxbury near Boston. When I [illegible] there I found the said Israel Hays at Roxbury [illegible] in the army. he belonged to Capt. Balls. Compy. Col Davidilson Regt. Massachusetts [illegible] he had then been at least one month in the Service he continued to Serve as a Soldier untill the first of Jany. 1776. at which time he left the army. I was personally knowing to his service in the above compy. as [a private soldier, for seven months at least, and I believe some weeks over but my memory fails me so that I cannot [illegible]. I was there seven months. I believe more [crossed-out - that the] and saw the [illegible] Israel very day. Per then [illegible] deponent [illegible] not.
Daniel Warner


State of Vermont
Bennington County ss. On this 13th day of June AD. 1833, personally appeared before me the undersigned Assistant Judge, of the County Court, for the County of Bennington [illegible] the above named Daniel Warner, being duly sworn made Solemn oath that the above office said by him subscribed contains the truth and nothing but the truth.
Nathan Burton
I hereby certify that I am acquainted with Daniel Warner who has sworn and subscribed the aforesaid affidavit. That he is a man of truth and veracity that full faith and credit may he be given to his testimony.
Nathan Burton Ast. Judge of the County Court aforesaid.


State of Vermont
I Henry Robinson Clerk of the County Court within & for the County of Bennington do hereby certify that Honr. Nathan Burton whose Signature appears to the foregoing was at that date thereof & state is Asst. Judge of the County Court aforesaid duly Commissioned to act as such & that his signature is genuine. In testimony whereof I have hereunto set my hand & affixed the Seal of the Court at Manchester this 2nd day of July AD. 1833.
Henry Robinson

[Seal]
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[text is light and difficult to read]
Volunteer as [illegible] I [illegible] I do not [illegible] of your receiving a discharge. I was known to the following persons in my neighborhood who can testify as to my Character for veracity and their belief of my having as a soldier of the revolutionary war. Rev. David Wilson. Hon. Isiah Rising. Hon. Nathan Burton, David Shetson Esq. Isaac [illegible] Esq.

Sworn to and subscribed the day and year aforesaid.
Attest Henry Robinson Register 5/[illegible] [illegible]

We David Wilson a Clergyman, residing in Rupert Vermont and Nathan Burton of the said place hereby certify that we are well acquainted with Israel Hays who has [illegible] and [illegible] to the above declaration that we believe him to be Eighty years of age that he is reported and believed in the neighborhood where he resides to have been a Soldier of the revolution that we concur in that opinion.

Sworn to and subscribed the day & year aforesaid.
Attest. Henry Robinson Register

Rev. David Wilson
Nathan Burton


And the Court do hereby declare their opinion and the investigation of the matter of after [illegible] the investigations prescribed by the War Department that the alone named applicant was a Revolutionary Soldier, & served as he states. And the Court hereby certifies that it appears to them that Rev. David Wilson who has signed the preceding certificate is a Clergyman resident in the Town of Rupert & that Nation Burton Esq. who has also signed the same is a resident in said Town, & is a credible person & that their statement is entitled to credit.
Myron Clark Judge of Probate Court
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I, Henry Robinson, Register of the Court of Probate, do hereby certify that the foregoing contains the original proceedings of the said Court in the matter of the application of Isaac Hays for a pension.

In testimony whereof I have hereunto Subscribed my name & have affixed the Seal of our said Court this 29th day of August A.D. 1832 & of the Independence of the United States the Fifty Seventh.

Henry Robinson Register

[Seal]
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Israel Hays
Case
Application for pension 
under Act of June 1832
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[illegible] Vermont
[entire line illegible]

16.872
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P

15874
Revy INVALID.
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File No. 15.874
Israel Hays
Pri Rev War
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Act: June 7" 32
Index: - Vol. 1, Page 164

[Arrangement of 1870.]
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10.872
Israel Hayes

N. Burton
[illegible]
Vt.
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10.872

BRIEF objections to the admission of Pension Claims, of which those answered in the negative, in red ink, will apply to the claim of Israel Hayes which require further proof or explanation.

I. Does the declaration show where the applicant resides?

II Did the declarant make the declaration in the county where he resides?

III. If the applicant did not make the declaration in the county where he resides, is there any reason assigned for his not doing so?

IV. Has the declarant mentioned the period or periods of the war when he served?

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 amout of pension he is entitled?

VI. Has he given the names of the officers under whom he served, in conformity with the regulations?

VII. Has he made a relinquishment of every claim to any pension than the one under the Act of June 7, 1832?

VIII. Has the Court given their opinion?

IX. Has the Clerk given his certificate?

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?
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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?

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

XIII. If the application 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?
[crossed-out [illegible]]

XIV. † If the applicant's name is not found on the rolls of military service, has he produced a witness or witness as to his service?
[crossed-out - only the [illegible]]
If he has produced direct proof as to service, has the magistrate who administered the oath, certified to the credibility of the witness or witnesses? 
No
Has the proper officer certified to the official character and signature of the magistrate as the regulations direct?

XV. Does it appear from any of the papers that the witness was in such a situation, or of such an age, as to have a personal knowledge of the applicant's service?

XVI. ‡ Are the papers authenticated as the regulations direct?
no

XVII. Are the seven interrogatories prescribed by the War Department answered satisfactorily? And, if not, which of them is not so answered?
____

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 grade; 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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It is important in all cases to determine with precision the period for which each applicant served, and the particular rank he held, as the law directs the pension to be paid according to the grade of the pensioner and the length of his service. The use of the phrase about three or four months is too indefinite, and all such qualifying expressions are objectionable. Some persons who apply for pensions merely state they served two years in the militia, &c. without specifying the tours; the names of the officers, and other particulars respecting their service. This form of a declaration is highly objectionable. It must in every case be clearly shewn under what officers the applicant served; the duration of each term of engagement; the particular place or places where the service was performed; that the applicant served with an embodied corps called into service by competent authority; that he was either in the field or in garrison; and for the time during which the service was performed, he was not employed in any civil pursuit.

† QUERE XIV. Proof of Service.
In a case whether the name of the applicant is not found on the records of the Department, he must prove his service by two credible witnesses, who are required to set forth in their affidavits the time of the claimants entering the service, and the time and manner of his leaving the same, as well as the regiment, company, and line to which he belonged. The magistrate who may administer the oaths must certify to the credibility of the witnesses, and the official character and signature of the magistrate must be certified by the proper officer, under his seal of office.

‡ QUERE XVI. Mode of authenticating papers.
In every instance where the certificate of the certifying officer who authenticates the papers is not written on the same sheet of paper which contains the affidavit, or other paper authenticated, the certificate must be attached thereto by a piece of tape or narrow ribbon, the ends of which must pass under the seal of office of the certifying officer, so as to prevent any paper from being improperly attached to the certificate.
[hand pointing right] In every case where the clerk of the court, or other certifying officer, has no public seal of office, the certificate of a member of congress, proving the official character and signature of the certifying officer, should accompany the papers.
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Free

J. L. Edwards Esqr
Commissioner of Pensions
Washington City
Co

[text rotated 90 degrees]
8 mos
26.
[text rotated 270 degrees]
Vt.
Act of July 15
Page 15

Sir, 

I enclose the papers of Israel Hays and pray they may be reexamined believing all the objections asked by the department to be now removed.

[illegible] July 3, 1833

I am your able & Humble Servt. 
Nathan Burton

J. L. Edwards Esq. Commissioner of Pensions