Revolutionary War Pension and Bounty Land Warrant Application File S. 12065, Daniel Bailey, Mass. N.H.
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SERVICE  Mass.   N.H.

Bailey, Daniel   

NUMBER  S.12065

carded

CONTENTS
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10.007.
New Hampshire
Daniel Bailey
of Hollis in the State of N H
who was a Private in the company command[ed] by Captain [blank] of the Regt. command[ed]  by Col Reed in the N H * line for 6 mos 15 days
* N.H. and Mass. 
Records completed. Nov. 5/06, S.

Inscribed on the Roll of N H
at the rate of 21 Dollars 66 Cents per annum
to commence on the 4th day of March, 1831.

Certificate of Pension issued the 15th day of Mar 1833 and sent Daniel Dana of Groton Mass

Arrears to the 4th of Mar 1833 -  -  - $43.32
Semi-anl. allowance ending 4 Sept " - 10.83 
[total] $54.15

{Revolutionary Claim,  Act June 7, 1832.}

Recorded by J H McBlair Clerk,
Book E Vol. 1st Page 73
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V2
No. 1 
Declaration of Daniel Bailey
app. sworn.
5 Papers No. 1.2.3.4.5.

please direct to "Sam"" Dana Esq
Groton Mass
and place the applicant on the Boston agency.
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State of New Hampshire

Commonwealth of Massachusetts (strikethrough)

County of Hillsborough ___-ss.
On this twenty seventh_____day of August. A.D. 1832.
personally appeared in open Court before the Court of Probate now sitting at 
Amherst within and for the County of Hillsborough in the Commonwealth (strikethrough) State of New - Hampshire
Holler in said County
Daniel Bailey of a aged seventy eight years
Who being 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 7th 1832.
That he entered the service of the United States, under the following named officers, and served herein stated. That is to say
1. In the year 1775. on the day of Bunker hill battle, I arrived at Bunker Hill in Charlestown
next morning I found my brother, Andrew Bailey, who was in Capt. Levi Spaulding's company; Col. James Read's regiment and Nathan Hale Major; my brother was on that 
day allowed to go home, and next day departed. I immediately took my brothers place. 
I offered capt. Ansetaus [illegible] to go into battle, but he could not procure me a gun, and I said (strikethrough) only witnessed the battle Harvards I had my brother's equipment and served four weeks when my brother returned and I was dismissed. 
2. In the same year in the month of August, I went to Cambridge to relieve another brother, 
Joel Bailey, who was in the company of Capt. Archelaus [illegible] Col. Ebenezer Bridge's regiment. My brother was allowed to go home, and I took his place, and served in that company in his place, eight weeks:
and then I served in the same company two weeks for one [illegible] of Netherson, and was then dismissed. 
3. About the 1st September A.D. 1776. I enlisted to go to New York for three months, my capt. was[illegible] Head of Holles. Lieut. Lemuel Spalding of Mason. Ensign Joal Land of Dunestable in Col. 
Nathan Baldwins regiment, I served myu term of three months and was dismissed. 
the 1st December. _________
4. About the 1st July 1777. I engaged to go to Ticonderoga. -no time was set, I expected to carry till our army was relieved, I proceeded to [illegible] in Vermont, where Capt. E[illegible]son said he had orders to retire, and his company returned to Holles, I, having  been absent two(strikethrough) 1 week only. 
He relinquishes very claim, whatever, to a pension or annuity, whatever except, the present, and declares that his name is not on the pension roll, of the agency of any State Sworn to and subscribed
the day and year aforesaid
Daniel Bailey
Sworn in open court, [illegible] Parker. judge of Probate-
[illegible] a Clergyman residing in the town of Holler
in the county of Hillsborough and safe [illegible] of the 
same Holles hereby certify that we are well acquainted with Daniel Bailey
who has subscribed and sworn to the above, and that we believe him to be seventy eight years of age, that he is reputed and
believed in the neighborhood, where he resides, to have been a soldier in the Revolution, and that we concur in that opinion. 
Sworn and subscribed [illegible]
Before me Eli Smith
[illegible]
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And thew said Court do hereby declare their opinion that 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 Eli Smith who has signed the preceding Certificate is a Clergyman resident in said Hollis & that Jesse Worcester who has signed the same resides in said Hollis and is a credible person, and that their statement is entitled to credit.
[signed] Edmund Parker, Judge of Probate

I Charles H. Atherton Register Clerk of the Court of  Probate for the County of Hillsborough aforesaid do hereby certify, that the foregoing contains the original proceedings of the said Court, in the matter of the application of Daniel Bailey for a pension.
In testimony whereof, I have hereunto set my hand and seal of office this thirteenth day of  September in the year of our Lord one thousand Eight hundred and thirty two.
[signed] C. H. Atherton Regr &c
And I further certify that Benjamin Pool Esq is a Justice of the Peace for the County of Hillsborough and that the name and Office in the preceding certificate appears to be his proper signature. Sept. 29, 1832 
[signed] C. H. Atherton Regs
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State of New Hampshire
Hillsborough, to wit
At the Court of Probate begun and holden at Amherst within and for the County of Hillsborough on the twenty seventh day of August A.D. 1832.
On the application of Daniel Bailey claiming to be a Soldier of the Revolution, the following interrogatories were propounded to him to wit:
1. Where and in what year were you born?
Answer. I was born in Marborough Mass on the 8 Dec 1753
2. Have you any record of your age, and where is it?
Answer, I have such a record made by my late Father, also my age is recorded on the Town Clerks book in Hollis
3. Where were you living, when called into service, where have you lived since the Revolutionary War; and where do you now live?
Answer, When called into service I was living in Hollis where I have ever since, and now do 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?
Answer, My service was always voluntary and on my own motion
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 service?
Answer, I have Col Stark, Col Poor, Maj Hale, Col Prescott, Gen Scammel, Quarter Master Frye of Wilton, Cap. Crosby of Amherst & many  more 
6.  I did [not] ever receive a written discharge from service and I never recd any such discharge.
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?
Answer, Mr John Shed, Jesse Worcester, Benjamin Poole Esq, Wm Ames Esq, Benj Mark Farley Esq, Corp. Tyler Wheeler and Capt Tayler Wright
[signed] Dan Bailey
Attest C. H. Atherton Regr. &c
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Daniel Bailey
21,547

Private
6 months 15 days
Adm'd
N. H.
$21.06

Sam Dana Esq.
Groton Mass.
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BRIEF in the case of Daniel Bailey 
of HHollis in the State of ew Hamp.
(Act 7th June, 1832.) 

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

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

3. How old is he? 78 years 

4. State his service, as directed in the form annexed. 
In 1775 Substitute - 28 days - Private - Capt Spaulding, Col Read
Aug 75 - 2 months 10 days - Private - Capt Town, Col Bridges
Sept 76 - 3 months - Private - Capt Reed, Col Baldwin
July 77 - 7 days - Private - Cap Emerson

5. In what battles was he engaged?  none stated

6. Where did he reside when he entered the service?  Hollis N. Hamp

7. Is his statement supported by living witnesses, by documentary proof, by traditionary evidence, by incidental evidence, or by the rolls?  5 Living witnesses & traditionary evidence

8. Are the papers defective as to form or authentication? and, if so, how?  papers not properly attached and Justice of Peace not certified to be such

I Certify that the foregoing statement and the answers agree with the evidence in the case
[signed] D D Addison  Examining Clerk.
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No 3
Affidavit of William Read & Nathan Kendell
in the Case of Daniel Bailey
4 weeks Camb 1775
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We William Read and Nathan Kendell, both of Amherst, in the State of Newhampshire, [?] and each of us [illegible] of seventy years of age, do each of us testify and declare that we served in the War of the Revolution  - and while we were in the eight months service in 1775, in the Company of Capt Archelaus Town, in Col Olen Bridges Regt, we well know and remember, that Joel Bailey, of Hollis NH belonged to the same Company and during the summer of AD 1775, the said Joel Bailey was allowed to go to his home in Hollis, and his Brother Daniel (now Capt Danl. Bailey of Hollis) came into the Company in his place and served as his substitute the precise time we can not state, but well remember the said Daniel being in said Company, in which we served.
[signed] Wm Read
Nathan Kendall
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Rev War
12065
INVALID.
File No. 12,065
Daniel Bailey
Pri. Rev. War
Act: June 7, 1832
Index: - Vol. A, Page 22
[In brackets] Arrangement of 1870.
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No. 2
Affidavit of Isaac French
in the case of Danl Bailey
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Commonwealth of Massachusetts.
Middlesex ss. July 25 1832.
Personally appeared before me the Subscriber a Justice of the Peace, within and for all the Counties in said Commonwealth Isaac French who subscribed the annexed Deposition and is a credible witness, no ways interested, and made solemn Oath, that the same is just and true in all its particulars according to the best of their knowledge and belief.
[signed] Saml. Dana
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I Isaac French of Hollis aged 74 do testify and say that I served in the war of the revolution.
And I further testify that I well know Capt. Daniel Baily now of Hollis, and know that he served three months in that war at White Plains in the year A.D. 1776 in the company of Capt William Reed, in Col Naheemee [Nathan]  Baldwins regiment, in which company I also served.
In presence of [signed] Jas Danaa
Isaac French  X mark
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No 5
Affidavit of  Phinehas Hardy
 in the Case of Danl Bailey
4 weeks at Camb. 1775
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Commonwealth of Massachusetts.
Middlesex ss. July 25 1832.
Personally appeared before me the Subscriber a Justice of the Peace, within and for all the Counties in said Commonwealth Phinehas Hardy who subscribed the annexed Deposition who is entitled to full credit & belief and made solemn Oath, that the same is just and true in all its particulars according to the best of their knowledge and belief.
[signed] Saml. Dana
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I Phinehas Hardy of Hollis do depose and say, that I served in the war of the revolution as by my declaration now on file in the office of the secretary of War, will appear.
And in the first eight months service in Capt Luis Spaulding Company in Col. James Reads Regiment, Andrew Bailey brother of Daniel Bailey was a soldier, and being desirous after the Battle of Bunker hill to return home Daniel Bailey went to Cambridge to relieve him and soon after the Battle, he was allowed to go home and Daniel Bailey was put into the Company and served as a
Substute [substitute] for said Andrew Bailey four weeks.
[signed] Phins. Hardy
in presence of
[signed] Jesse Worcester
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No 4
The affidavit of  Stephen Dow
in the Case of Danl Bailey
(3 mo at White Plains 1776)
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Commonwealth of Massachusetts.
Middlesex ss. July 25 1832.
Personally appeared before me the Subscriber a Justice of the Peace, within and for all the Counties in said Commonwealth Stephen Dow who subscribed the annexed Deposition and who is entitled to credit and belief and made solemn Oath, that the same is just and true in all its particulars according to the best of his knowledge and belief.
[signed] Saml. Dana

Washington Mar 3 1833 - I certify that the name Samuel Dana on this annexed papers is the hand writing of Samuel Dana who is a Justice of the peace within & for the county of Middlesex Mass 
[signed] Joseph G. Kendall
M.C. [Worcester?] N. District Mass
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I Stephen Dow of Hollis do testify and say that I served in the war of the revolution as will appear by my declaration on file in the pension Office - and I further testify that I well know Cape Daniel Bailey, now of Hollis, and know that he served three months in that war at White plains in the year AD 1776 in the Company of Capt William Reed in Col Nahan Baldwins Regiment, in which company I also served. -
[signed] Stephen Dow
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Commonwealth of Massachusetts.
Middlesex ss. August 4 1832.
Personally appeared before me the Subscriber a Justice of the Peace, within and for all the Counties in said Commonwealth William Read and Nathan Kendell Esqs who subscribed the  annexed Deposition and each of whom are credible witnesses and made solemn Oath, that the same is just and true in all its particulars according to the best of their knowledge and belief
[signed] Saml. Dana
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Daniel Bailey
21547
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BRIEF objections to the admission of Pension Claims, of which those answered in the negative, in red ink, will apply to the claim of Daniel 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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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 
If he has produced direct proof as to service, has the magistrate who administered the oath, certified to the credibility of witness or witnesses? yes 
Has the proper officer certified to the character and signature of the magistrate as regulations direct?  No

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? No

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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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 services was performed, he was not employed in any civil pursuit.

+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 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 symbol pointing ] 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.