Revolutionary War Pension and Bounty Land Warrant Application File S. 30,469, James Hayward, Mass.
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Mass          Hayward, James          S.30.469
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15592
Massachusetts
James Hayward
of Worcester in the State of Mass who was a Private in the army commanded by Captain Albons of the Regt commanded by Col Rand in the Mass line for 6 months

Inscribed on the Roll of Massachusetts at the rate of 20 Dollars 00 Cents per annum to commence on the 4th day of March, 1831.

Certificate of Pension issued the 25 day of June 1833 and sent to Geo. Folsom Worcester Mass

Arrears to the 4th of Ma 1833 $40.00
Semi-anl. allowance ending 4 Sept. 10.00
$50.00
{Revolutionary Claim,}
Act June 7, 1832.

Recorded by JWClagett Clerk,
Book E   Vol. 2   Page 33
Let. to pension agent, Franklin Haven, 24 July 1838, directs that James Hayward be dropped from the pension roll.

Letter to J. Hayward 13 Nov 1838
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DECLARATION, in order to secure the benefit of the Act of Congress, passed June 7, 1832.
COMMONWEALTH OF MASSACHUSETTS.
COUNTY OF WORCESTER, ss.
ON this fourth day of February in the year of our Lord, eighteen hand thirty three, personally appeared in open Court, before Hon Nathl Paine, Judge of Court of Probate, now sitting James Hayward, a resident of Worcester in the County of Worcester and the Commonwealth of Massachusetts, aged seventy four 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 7th, 1832.

THAT he entered the service of the United States under the following named officers and served as herein stated.

That he was born in Sutton, in Mill. County, Jany 5, 1759, where he resided until about 1787 when he removed to his present place of residence.

That early in July, 1778, he enlisted at Sutton for two months service, under the command of Capt Reuben Sibley, Lieuts. Moses Hayden, of Grafton, & - Fay, of Southboro; Regt of Col. Whitney, Maj. Durfey, of Tiverton. He marched directly to , R.I. and from thence crossed the ferry to Rhode Island, where he was stationed until the battle on the 29th August. He was not in the battle, Col. Whitney's Regt not being called for-The same night he recrossed with his company & other American troops, to Tiverton, whence proceeded to Providence. He was dismissed at Pawtuxet, five miles from Providence, after having faithfully served a term of two months. He knows of no person now living who performed this service with him. 

That in July, 1780, he again enlisted at Sutton, under the command of Capt Abijah Alton, Lieuts. John Woodbury, & - (illegible), Regt of Col. Rand, Li. Col. Wheelock. There were about forty Sutton men in the company who proceeded to Clannick, under Lieut. Woodbury,  which Regt was famed; then marched down to Fishkill, Peekskill, and crossed to West Point. After remaining a month at W. Point, he was detached with a few others from his company & marched to Verplank's Point, when he was stationed a considerable (illegible) & was employed in scouting parties. He returned to West Point, & was then dismiss, having faithful service a term of least four months, he believes a longer term, but cannot say positively more than that period.

Elijah Burbank of Worcester, served in the same company, but was not in the detachment that went to Verplank's Point- His evidence is annexed to this Declaration.

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.
Sworn to and subscribed the day and year aforesaid.          James Hayward
Nathl Paine Judge
of Probate for the County
of Worcester
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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 mentioned applicant was a revolutionary soldier, and served as he states. And the court further certifies, that it appears to them that John Park, 2d who signed the preceding (crossed out) annexed certificate, is a clergyman (crossed out) resident in the town of Worcester, and that Joseph Howard, who has also signed the same is a resident in the same town and is a (crossed out) are credible persons, and that their statement is entitled to credit.

Nathl Paine (illegible) Judge
of Probate for the County of Worcester

I Theophilus Wheeler Registrar, Clerk of the Court of Probate do hereby certify that foregoing contains the original proceedings of the said Court in the matter of the application of James Hayward- for a pension & that George Folsom Esq. before whom the annexed affidavits were made is a Justice of the Peace in & for the County of Worcester & that the signature (illegible) (illegible) In TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal of (illegible) Court the 9th day of February in the year of our Lord eighteen hundred and thirty three

Theophs Wheeler Register of the Court
of Probate for the County of Worcester
in Massachusetts

James Heyward
22775
vol 17.10- Capt Alton
from 9 July to 10 Oct-- 3 mos 11 days allowed-

(seal affixed)
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James Hayward
22775
Mass
(illegible) at 6 (illegible)

Geo Folsom
Worcester Mass
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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 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. These 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 this Department, send this printed letter with them; and you will, by complying with this request, greatly facilitate the investigation of your claim.

A Statement, showing the service of James Hayward
Worcester Co Mass
Period when the service was rendered. Enl 1778
Duration of the claimant's service.  2 Months.
Rank of the claimant.  X
Names and Rank of the Company officers under whom he served.  Capt Sibley
Names and Rank of the General and Field officers.  Col Whitney
Battles in which the applicant was engaged.  None
Country through which he marched.  Tiverton RIsland
Place of abode when he entered the service, and age at present period.  74Y
Evidence by which the declaration is supported.  Traditionary (illegible)

Period when the service was rendered.  1780
Duration of the claimant's service.  4 Months.
Names and Rank of the Company officers under whom he served.  Capt Alton
Names and Rank of the General and Field officers.  Col Rand
Battles in which the applicant was engaged.  None
Country through which he marched.  Fishkill
                                                            Peekskill
                                                            Westpoint
Place of abode when he entered the service, and age at present period.  Millbury Mass

vol 3& 136.  1mo 14da

I am, respectfully,
Your obedient servant,
J. L. EDWARDS,
Commissioner of Pensions.
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NOTE: THIS TRANSCRIPTION IS INCOMPLETE

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REGULATION UNDER THE ACT OF JUNE 7 1832.

  The following regulations have been adopted:
This law has been construed to extend, as well to the line, as to every branch of the Staff of the Army, and to include under the terms "Continental Line,"  "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. Teamsters, Boatmen, &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 Ware 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, mae application by transmitting the following declaration, which will 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, of Territory, or District of County } ss.

On this __________ day of __________ personally appeared (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 provion (sic) 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 ran 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 enered (sic) the service; the battles, if any, in which he was engaged and the country through which he marched. {image of hand pointing right}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 annuity, except the presetn, 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 in the 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 do 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 __________ for a pension.

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:

() We A.B. a Clergyman, residing the __________ and C.D. residing in (the same) hereby certify that we are well acquainted with __________, who has subscribed and sworn on the above declaration, that we believe him to be __________ years of age; that he is reputed and believed, in the neighborhood where he resided, to have been a soldier of the Revolution, and that we concur in that opinion.

Sworn and scubscribed the day and year aforesaid.

[And then will follow the certificate of the Court.}
And the said Court do hereby declare their opinion after the investigation of teh matter and after putting the interogatories prescried y thr
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30469
Revy INVALID.
File No. 30,469
James Hayward
In Rev War
Act: June 7 32
Index:-Vol. 2, Page 172
[Arrangement of 1870.]

Mch 8-
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30469
Jas. Hayward
Feby 4, 1833 - 74
Worcester Mass
Born Sutton Mass. July 5, 1759
July 78          Sutton Mass
Capt Reubon Libby (crossed out) Sibley
Col Whitney
marched to R.I. in battle there-
       "             "     Providence,
(illegible) Pawtuxet 2 mos. (illegible)
Inf 80 Capt Abijah Alton
Col. Read (?)
pat. 4 mos
marched to Claverack
Fishkills, Peekskill,
Verplanks Pt.
(illegible) (illegible) pt,
Unit
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Commonwealth of Massachusetts.
We Joseph Howard, and John Parks, 2d, of Worcester, in the County of Worcester, and Commonwealth aforesaid, hereby certify that we are well acquainted with James Hayward, of said Worcester, a claimant under the Pension Act of Congress, passed June 7, 1832, who has (illegible) sworn to a declaration of his services before the Gen. Nathl Paine, that we believe him to be seventy four years of age, that he is reputed & believed in the neighborhood where he resides to have been a soldier of the Revolution, and we concur in that opinion.
John Park 2d.
Joseph Hayward
Worcester (illegible). February 5, 1833.
Personally appeared the abovesaid John Park. 2d. and Joseph Hayward, and made solemn oath that the foregoing certificate, by them subscribed, is true. George Folsom,
Justice Peace.
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Commonwealth of Massachusetts.
I, Elijah Burbank, of Worcester, in the County of Worcester, & Commonwealth of Massachusetts, being of lawful age, testify & declare, that I am well acquainted with James Heyward, of said Worcester & served with him one term in the war of the Revolution. He enlisted at Sutton, New Millbury, in June, 1780, under Capt. Alton, Lieut. John Woodbury, Regt. of Col. Rand. We marched to Claverick, N.Y., & thence to West Point, where the company was stationed. The service was performed at West Point & vicinity. I distinctly recollect that said Heywood served out the term, as we were discharged together; we served at least three months. And further your (illegible) said not.  
Elijah Burbank
Worcester. (illegible). Feby 19, 1833. Personally appeared the abovenamed Elijah Burbank, and made solemn oath, that the foregoing declaration, subscribed by him, is true. And Further certify that said Burbank is a gentleman of unquestionable veracity. Geo. Folsom, Justice Peace
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L. Edwards Esqr
Commissioner of Pensions.
Washington.
DC.
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Millbury, Mass- October 12th-1838-
To J.L. Edwards Esqr. Commissioner of Pensions.
Hon- Sir.-
Not being able to go myself I sent a power of attorney to the office in Boston, in Sept. last, to draw my pension as usual; but it was returned unanswered, on the ground, as I was told, that you had ordered my name to be stricken from the list of pensioners. The reason why this has been ordered I do not understand & cannot divine. Perhaps it was in consequence of some misinformation you may have received respecting me, as though I were dead, & my pension had of course ceased. Understaning that the only way in which I could have my name restored to the list was, to address you on the subject, I take the liberty to inform you, that through the goodness of God, I am still living, though very feeble & infirm, & that I stand in as much, & even more, need of the bounty of my country than ever I did before. I pray you, therefore, to reverse your order and restore my name to the list, that I may receive & enjoy what the law of Congress allows me, during the little time I may be permitted to continue in the world. Your speedy attention to this request is earnestly solicited, as it will much contribute to my comfort- relieve my pressing necessities, & greatly oblige an old infirm & feeble revolutionary soldier.
Most respectfully your Obt & humble Sevt-
James Hayward
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J.L.Edwards Esquire
Coms. of Pensions
Washington
D.C.
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Boston, Mas. Jany. 11.1839
Sir,
Mr. James Hayward Millbury in this state has just shown me your letter to him under date of Nov. 13. 1838, from check it appears that his name is stricken from the pension roll, Mar. (Illegible), under the law of June  7  1832.
He respectfully asks for what reasons his name has been thus stricken from the rolls? Please direct your reply to me. I am very Respectfully yours
Ira Barton