Revolutionary War Pension and Bounty Land Warrant Application File W. 24,635, Hudson Bayley, Mass.

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Mass                        Bayley, Hudson                             W24635
                                     or
                                   Bailey,
                                                  Sarah
                                                      or
                                                   Sally

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Left side of pamphlet 839

Reprinted
Thomas Campbell
Mar 2, 1854
J.M. Thayer
April 21, 1855
Thos. Campbell
Jany 25, 1856
James Bayley Sep 16, 1856

Right side
Maine  185
Sarah Bayley, ____
widow of Hudson Bayley
who died on the 23rd Aug 1798
of Cumberland Co, in the State of Maine
who was a Srgt. in the ------  commanded
by Captain Skillings of the Regt. commanded
by Col. Tupper in the Revolution
for two years
______________________________________
______________________________________

Prescribed on the Rolls of Maine
at the rate of 120 Dollars ---- cents
per annum, to commence on the 4th day of
March 1831 and ending 17th Nov. torn
when she died.
_____________________________

Certificate of Pension issued the 3 day of April 
1848                and sent to Freeman Readford  Esq
Arrears to the 4th of     of Portland, Maine
__________________________________________
Semi=annual allowance ending ______ present
Payable to Betsey Sinter       Hudson
Bayley, and Samuel Bayley
only children of Hudson Bayley

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No. 112
Declaration of
Sarah Bayley

Under Act July 4 1836


Enlisted Dec. 1776 as 
Sergeant for 3 years promoted
to Ensign 18th [illegible] 1780
[illegible] Upper [illegible]
map [illegible]

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United States of America
Maine District

At a special District Court of the United States began and holden at Portland within and for said District on the second day of September A.D. one thousand eight hundred and thirty-six before the Honorable Ashton Ware Judge of said Court, on this second day of September aforesaid personally appeared in open Court before said Judge. Sarah Bailey a resident of Portland in the County of Cumberland in Maine District aged eighty-five years, who being first duly sworn according to law, doth on her oath make the following declaration in order to obtain the benefit of the pension made by the Act of Congress passed July 4th, 1836; that she is the widow of Hudson Bailey who was a private in the Company commanded by Captain Shillings in the Regiment commanded by Colonel Tupper, who succeeded Colonel Francis that said Hudson Bailey enlisted into said Company at Falmouth within December 1776, for the term of three years and seaward(?) at different places on the North River, and was discharged in 1779 - as she verily believes ~ She further declares that she was married to said Hudson Bailey on the first Sunday of October 1775 a short time before the town was burnt; that her husband the said Hudson Bailey died, being lost overboard form the Snow Maria, commanded by Joseph Bailey the father of said Hudson Bayley on the twenty third day of August 1798, on the voyage from St. Croix for Boston - said vessel

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having been captured by the French was carried into Guadaloupe, was there condemned and said Joseph Bailey died there, also it was after said vessel was captured that Hudson Bailey was lost overboard as stated in the original letter from said Joseph Bailey to which she refers ~ The she has remained a widow ever since that period, as will more fully appear by reference to the proof hereto annexed 
                      her
Sarah, or Sally X Bailey
                      mark
Sworn and subscribed on the day and year above written,
                  Before Ashton Ware
                               July 4th (?) for the District 
                                               of Maine




United Sates of America
Maine District
     Special District Court September 2nd A.D. 1836
     I, John Mufsey(?) Terk of the United States District Court for said District, hereby certify that it has been satisfactorily proved in said Court that Sarah Bailey who subscribed the foregoing declaration, was legally married to Hudson Bailey in the first part of the month of October A.D. seventeen hundred and seventy five:_ that said Hudson Bailey was drowned about the 23rd of August A.D. seventeen hundred ninety eight;- that the said Sarah Bailey has continued the Widow of the said Hudson Bailey deceased from his said decease to the present time, not having in termanied. I further certify that Joseph Pope Esquire, whose insignia thereto the commenced papers as a Magistrate are genuine signatures of that he is duly qualified to act as such & that full faith & credit are due the same.
In testimony of which I have hereto set my hand & affixed the seal of said Court the day and year writ above written.

John Mufsey Terk

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"Nathaniel Shaw and Polly Thomes, Sep. 19. 1784"

I Joseph Colley Town Clerk of Falmouth in the State of Maine, do certify that the above names and date are a true and consent copy from a list of marriages by Nev? Thomes Seventh for the year 1784 as returned and recorded in the book of records of marriages in said Town of Falmouth. I also certify that there is a record of publishment of marriage between Hudson Bailey and Sarah Yeaton of which the following is a true copy.
vir- "Hudson Bailey entered his name & purpose of marriage with Sarah Yeaton both of Falmouth Sept. 15th 1775." - but that there is no record of marriages for the year 1775 made in the records of Falmouth. It being the year in which the town was burnt when the town was in a state of confusion which may probably be the reason that no return of marriages was made that year.

Joseph Colley {Town Clerk of Falmouth}

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State of Maine
Cumberland of Sept 2nd 1836-
I hereby certify that Joseph Colley is the Town Clerk of Falmouth. Having been to his house and seen the record of his being chosen Clerk of said Town
Joseph Pope. Justice of the Peace

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Payment to be made at Portland 
by W. Woodbury, Esq.
Agent for paying pension-
ers, in the Agency of
Maine




Recorded in the Pension Office, in Book C Volume 1 Page 2 by
(?) Rumpkin, Clerk

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WAR DEPARTMENT
Claim for Military Service

I certify that in conformity with the law of the United States, of the 4th July, 1836 (3rd section) Sarah Bailey late of Maine widow of Hudson Bailey who was a Sergeant in the Revolution, and who died on the 23rd August, 1798 is inscribed on the Pension roll at the rate of one hundred and thirty dollars per annum, Commencing on the 4th March, 1831 and terminating on the 17th November, 1838, when she died. [redacted] This pension is one of increase from what she has already received at the rate of eighty dollars per annum [redacted] the difference of forty, the any above she has already received and that per annum for the time above (?) any more deemed as an increase is due and payable to her only surviving children, Betsey Sinter, Hudson Bailey, and Samuel Bailey.
Given at the War Office of the United States, this fourth day of April one thousand eight hundred and forty-eight

Examined and Countersigned.}
Secretary of War.
Commissioner of Pensions.

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State of Maine
Cumberland (?). On this third day of February in the year of our Lord eighteen hundred and forty-seven. Pension atty. appeared before the Hon. Josiah Pierce Judge of the Probate Court in and for said County. Samuel Bailey a resident of Portland in said County aged sixty-two years who being first sworn oath upon his oath makes the following declaration in order to obtain an increase and arrears of Pension due his mother Sarah Bailey under the Act of July 4th 1836-
     And this declarant states that his father Hudson Bailey was a native of Falmouth and a resident of that Town during the war of the Revolution. He believes from what he has heard his mother say that his father entered the service in the early part of the war and served in Falmouth and vicinity for about one year that afterwards his father entered the service for three years of the war served as Sergeant and that he was promoted to an Ensign. The report has always been in the family that after my father was promoted to the office of Ensign that he continued in service in that capacity to the end of the war. His applicant father states that his mother Sarah Bailey made applications for a pension in her lifetime and term to the amount of $80

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per annum until her death under the Act of 1836 and that his mother the said Sarah said on the 17th of November 1838. And for the date of marriage of his mother he refers to the original papers whereby his said mother received her pension and for the time of her death to the proof annexed.
     And this declarant states that Betsey Sinter, Hudson & Samuel Bailey your declarant are the only surviving children of Sarah Bayley deceased.
Samuel Bailey

Cumberland
February 3rd, 1847 - Personally appeared Samuel Bailey and made oath to the health of his declarations above signed before me.
Josiah Pierce Judge of Probate

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I Ashton Ware Judge of the United States for the District of Maine. Hereby certify (?) it (?) (?) (?) (?) (?) written (?) known time. Wife Sarah Bailey the widow of Hudson Bailey both of Portland was a Revolutionary American of the United States a (?) (?) (?) (?) of there. Samuel Bailey, Hudson Bailey, a& Betsy Sinter are his surviving and only surviving children

Ashton Ware

State of Maine
Cumberland 
Probate Office
     I C.C. Tobie, Register of the Court of Probate hereby certify that the Hon Josiah Pierce is Judge of the Court of Probate within and for the County of Cumberland duly commissioned and qualified agreeably to the laws of the State, and that the signature on the foregoing page preporting to be his is genuine.
In testimony whereof I have hereunto let my hand and affixed seal of the Court this twelfth day of August A.D. 1847.
C.C. Tobie, Register

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2566

F. Bradford
Portland
Maine

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To the Secretary of the
Commonwealth of Massachusetts

The undersigned on of the children of Hudson & Sarah Bailey late of Portland, County of Cumberland in order to procure evidence of her father's Service in the war of the Revolution makes the following statement in relation to said Hudson Bailey's service. And this applicant states that her said father Hudson Bailey was a resident of Falmouth then District of Maine in the time of the war of the Revolution and she believes he enlisted in January 1777 & they marched from Falmouth the 6 Day of March 1777 and he enlisted for 3 years in the Continental Army and served his time out and got an honorable discharge, then he took Benaiah Lan's place for a substitute for 6 months who was also a resident of Falmouth & a soldier in the Continental Army and that he served for Lain Law because the family of Lain Law was sick that the Lain Law might return home to his family.
She further states that her Mother has told her that her father, Hudson Bailey was Sargeant while he was in the service. She further states that when the six months was out for which he engaged for said Law that his officers told him if he must

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Continue in the service to the end of the war he should have a Lieutenant Commission but when he came home owing to the entreaties of her mother's persuasions of her grandfather not to return that he gave up the idea of gain again.
This applicant further states that many years ago and while Maine was a part of Massachusetts her mother gave to Joseph Boyd Esq. of Portland all the Revolutionary papers of her father in order to obtain land from Mass on account of her father's Revolutionary services this applicant believes that the discharge of her father was there given up to said Boyd and she has always understood that the same was sent to Boston to some of the Departments and that the same is now there her mother did not obtain land from Massachusetts but did obtain land from Maine a year or two before her death which took place in Nov 1838. This applicant therefore requests the Secretary of State to give the evidence of her father's service in 1776 (?) in the three years' service on Continental establishment from 1777 to 1780 also to certify whether said Hudson Bailey served as a substitute from said Beniah Law in the year 1780 this applicant states that said Hudson Bailey, her father when he had been in the Army 20 months, he had a furlough for 6 weeks & returned back to the Army

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in December he enlisted under Capt. Shillings in Colonel Tupper Regiment. This applicant states that she is now 66 years of age that her father died at sea August 19th, 1798 & that she resided with her mother even after that to the time of her death which took place in Nov aforesaid in Portland. She also requests the Secretary to examine the files and other documents relating to claims for Military Bounty Land in order to ascertain whether the discharge of her father and other papers are in the Department at Boston.
     (?) Joshua Seaver                Betsey X Center
Commonwealth of Massachusetts     (her mark)
Norfolk County, Nov 11, 1846, then appears Betsey Center and signed the foregoing application in my presence
Before me
Joshua Seaver
Justice of the Peace

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WIDOW, &c.
File No. 24635
Sarah Bailey
Wid of
Hudson Bailey
Sergt. Rev. War

Act: July 4th, 1836
Index:--Vol. A, Page 41

[Arrangement of 1870.]

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Maine 185
Sarah Bayley, widow of Hudson Bayley, of Portland, in the State of Maine who was a private in the company command by Captain Shillings of the Regt. command by Col. Tupper in the line for 2 years


Inscribed on the Roll of Maine
at the rate of 80 Dollars _____ Cents per annum to commence on the 4th day of March, 1831


Certificate of Pension files 18th day of Nov. 1836 and sent to Hon. A. K. Parris, Present

Arrears to the 4th of Sep. '36                440.00
Semi-ani. allowance ending 4 Mar. '37   40.00
                                                               ====
                                                             $480.00
                                                               ====
Act 4 July 1836}    {Revolutionary Claim,}
3, Section        }    { Act June 7, 1832[redacted]}

Recorded by D Brown                      Clerk
Book                Vol. 1        Page 2

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Maine
Sarah Bayley
Suspended
See letter to Jos. Pope
3, Oct, 1836
3rd Section act 4 Jul, 1836 -
$80 per annum - 
Send cent to Hon. A.K. Parris,
presents -

Act 4, July 1836

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Sarah Bayley
Wid of Hudson} Me Act 4 July 1836 $80.0 per annum
To what time was she last paid?
                                 Geo A.
             Died 17th Nov 1838, Paid to her death
Pension Office                                (signature)
March 31, 48}

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Mch 30. 48

F Bradford for
Sarah Bayley  Wid.
of Hudson   185

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Sarah Bailey widow of Hudson Bailey rec'd a pension under the Act of 1836 of $80 - per annum. She makes application for an increase & has proved from the Roll of Mass. that his service as Sergeant more than 3 years was promoted to an Ensign & "struck from the Rolls."
Proof required by the [illegible], that [?] show that Hudson Bailey was [illegible]
March 29th 48
F. Bradford
Portland
Maine

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Proof of 
Heirship

Thos. Campbell
Boston
Mass

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State of Massachusetts
County of Norfolk
     On this Thirteenth Day of February 1854
Personally appeared before me a Justice of the Peace in and for the said County Joseph H. Center & George Center who being duly sworn doth upon their oath testify and declare that they well knew Sarah Bayley who was a Pensioner of the United States at the fate of $120 per annum, that she died on the 17th day of November eighteen hundred thirty either that she left three children and no more (?): Hudson Bayley, Samuel Bayley & Betsey Center and that the said Hudson, Samuel & Betsey are all now living
(signed by)
Wilman                                 Joseph H. Center
Joshua Seaver                         George Center
Elvira Morse

     Subscribed and sworn to before me, and I certify that the above-named defendants are well known to me and are reputable and credible witnesses

                 [Signed by Joshua Seaver]
                      {Justice of the Peace}

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I Nabby Noyes of Portland widow, aged eighty years do testify and say that I am well acquainted with Sarah Bayley of said Portland, widow of Hudson Bayley late of said Portland, deceased, who was lost from the Snow Maria on her passage from St. Croix from Boston in the month of August 1798. As I have understood and believe - I well knew said Sarah before she was married - her maiden name was Sarah, or Sally Yeaton. She was married to Hudson Bayley in the month of October one thousand seven hundred and seventy-five - a short time before the town was burnt. I was not present at the marriage, but I do distinctly remember the fact of her marriage with Hudson Bayley as a matter of notoriety among her neighbors, relatives, and acquaintances. I have always lived in the town with her and have been well acquainted with her before she was married which she was Hudson Bayley's wife ever since she has been a widow to the present time. She has never been married since the death of her said husband Hudson Bayley
                                  [Signed Nabby Noyes]

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State of Maine
Cumberland: Sept. 1, 1836 - Then personally appeared Nabby Noyes written names are made oath to the truth of the foregoing affidavit by her subscribed before me. And I do verify that I have known the said Nabby Noyes for many years past, and that she is a reputable and credible witness.

[Signed Joseph Pope] Justice of the Peace

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Battle of Hubbardton

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Commonwealth of Massachusetts.

SECRETARY'S OFFCE,
Copy from the word, Boston, Jany, 11, 1856

"So the Honorable, the Council, & The Honorable The House of Representatives in General Court assembled. 
     The petition of the Hudson Bailey humbly shows that he engaged in the Army at the beginning of this war, and is engaged during the war in Col. Tupper's Regt; that at the battle of Hubbardston he lost one coat, one (?), three waistcoats, two pair of breeches, three shirts & four pair of stockings, which clothing your petitioner has not since been able to replace; your petitioner therefore prays your Honor that you would grant him some relief in any way. (?) your (?) shall see meet, and as in duty bound shall ever pray"-
             Signed "Hudson Bailey."
"N.B. Your petitioner with the others in the party he belonged to was by order of Col.
                                                          over

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Francis, obliged to leave
their packs and make
their escape.
"Boston June 15, 1780"

     I hereby certify the 
foregoing to be a time copy 
of the original petition.
                [Signed Chs W Lovett]
                                 Depy. Secretary

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I Ichabod Nichols of Portland in the State of Maine, pastor of the First Church and Parish in said Portland, on oath declare and testify, that on examining the records of said church now in my possession, I find that (?), daughter of Hudson Bayley was baptized on the twenty first say of July A.D. 1776. I also find by the same records that Hudson Bayley and Sarah Bayley, their names bring included in a bracket on said records, owned the covenant of said church, July 7, 1776 ~ I also further testify that on looking over and examining the book containing the records aforesaid for some years previous to wit, as far back as the year 1755. I can find no record of the baptism of any others as children of the above-named Hudson and Sarah Bayley. There is also in the same book a record of the baptism of Betsey, daughter of Hudson Bayley, August 22, 1779. The records aforesaid before they came into my hands were left by my predecessors in the office of pastor as aforesaid, to wit the Rev. Samuel Deane D.D. my immediate predecessor, and the Rev. Thomas Smith who was the first pastor of the Church aforesaid. Mr. Smith was ordained as pastor in the year 1726, and the late Dr. Deane as his colleague in 1764. I was myself ordained in the ministry as colleague of the Rev. Dr. Deane in the year 1809 - and is continued until his leave in 1814 - Since which time up to the present I have been and am now sole pastor of the church aforesaid and have the care and custody of its records. There is no registry of marriage in the records aforesaid.
[signed "Ichabod Nichols"]

Cumberland Nov 5th, 1836.
Subscribed + sworn to
before me Nathan Cummings Just Peace

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Maine District

District Clerks Office November 9th 1936
I hereby certify that Nathen Cummings Esquire is a Magistrate for the County of Cumberland in said District & that the signature to the within certificate is his genuine signature that full faith - (?) (?) - and due to his Wicial(?) altercations with the Rev. Nichols who signed the within affidavit: that the signature thereto is genuine and that he has long been and now is the sole Bastion of the First Parish in the City, being a member of his society -
     In testimony where of I have hereto set my hand & official the Seal of said District Court the day and year writ above written
[signed] John Mufsey Terk U.S. Courts

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I Mary Mitchell of Portland in addition to my former deposition relative to Sarah Bayley, the widow of Hudson Bayley deceased who is an applicant for a pension, do further testify and say, that I well know Dorcas Bayley, Betsey Bayley, Hudson Bayley, and Samuel Bayley, the children of the said Hudson Bayley deceased, and the said Sarah Bayley his widow, who was Sarah Yeaton before she was married ~ That I have always lived in the neighborhood and town where they were born, and have no doubt of the legality of the marriage of their parents by the Rev. Thomas Smith, well remembering the time of their marriage as spoken if in the neighborhood in October 1775 although I was not present at the marriage ~The Rev. Thomas Smith who married them has been dead now than forty years.

[signed] Mary Mitchell


State of Maine
Cumberland: Nov. 5th, 1836 - Subscribed and sworn to by said Mary Mitchell, before me. - And I certify that she is a very reputable and credible witness.
[signed] Joseph Pope Justice of the Peace

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Maine District
     District Clerks Office November 9th, 1836.
I hereby certify that Joseph Pope Esquire is a Magistrate for the County of Cumberland in said District & that the signature to the within certificate is his genuine signature & that full faith & credit - are due to his official alterations.
     I further certify that the within named Betsey Bayley are well known to me having formerly resided in the same neighborhood with them & know that they were reputed and known as the children of Hudson and Sarah Bayley & that I have known them personally from my youth up to the present time. - I do not distinctly recollect Dorcas Bayley.
     In testimony of which I have hereto set my hand & affixed the Seal of the District of Court the day and year writ above written.
[signed] John Mufsey Clerk U.S. Court

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I Isaac Davis of Portland in the County of Cumberland on oath depose and say that I am one of the Sextons in the City of Portland in which employ I have been for the last nineteen years. I assisted as such at the funeral of Mrs Sarah Bayley an aged lady and the widow of Hudson Bayley in the fall of 1837. In a few moths after the interment of the widow Bayley I placed a head stone at her grave in which I now find the following inscription to wit.

In Memory of
Hudson Bayley
Drowned at Sea
August 19, 1798 Aged 48
also
Sally
wife of the late
Hudson Bayley
Died Nov 17, 1838 aged 87

The above is the inscription on the head stone of the grave. I have known the family of the late Hudson Bayley for the last fifty years the only children that I know to be living are Samuel, Hudson, and Mrs. Senter. Hudson Bayley is about my age say about sixty-two years.

[signed] Isaac Davis
Cumberland Ss POrtland Oct 28th, 1847 Then personally

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appeared Isaac Davis I know to be a man of truth and veracity and made oath to the truth of the forgoing affidavit by him signed.
[signed]      Before me Freeman Bradford Justice of the Peace

Senate Chamber April first,1848 I certify that Freeman Bradford of Portland Maine is an acting Justice of the Peace now and for the County of Cumberland and that the forgoing signature purporting to be his genuine

[signed] Wyman B.S. Moor
U.S. Senator

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Certificate
(?) Jul. 21, 18

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Commonwealth of Massachusetts.

Secretary's Office, Boston,
February 20th, 1855

     I Hereby Certify, that from an examination of the Books and Documents relating to Military Services in the War of the Revolution, which remain in the Department, it appears that the name of Hudson Bayley is borne on a return of the officers in Col. Tupper's Regt. dated Sept. 15, 1780, as Lieutenant and against his name is written "on furlough, time expired." The said return continues as follows.
     "As there is a very considerable defining of officers in the Regiment, I would beg leave to recommend the following gentlemen for appointments, viz. Mr. Joseph Crook, Lieut., Mr. Isaac Wells, Ensign, who has served as volunteer from Aug. 28, 1780. Mr. Joseph Raymond, Ensign, Mr. Zacheriah Nowell DO., Mr. James Wetherill, DO., Mr. Ansell Tupper, DO., who has served as volunteer from March 15, 1780."
[signed] "Benjamin Tupper, Col."
Also "It is indispensably (?) that new appointments should be made in the above Regt.

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And I further Certify, That, before search made for evidence of said facts, that application hereto annexed was filed in this Office, in the form in which the same now appears; that the search was made by myself and my clerks alone; and that said application, and the certificate above set forth, contain all the facts and circumstances within my knowledge, pertaining to the case.

In Testimony Whereof, I have hereunto affixed the Seal of the Commonwealth, the date above written.

[signed] E.M. Wright
Secretary of the Commonwealth

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Certificate
dated July 16, 1854

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Commonwealth of Massachusetts.

Secretary's Office, Boston,
February 16th, 1854

I Hereby Certify. That from an examination of the Books and Documents relating to Military Services in the War of the Revolution, which remains in the Department, it appears that the name of Hudson Bayley is borne on the Army Books in Capt. Clark's(?) Company, Col. Tupper's Regt., and is credited by service as a Sergeant from January 1, 1777, to Dec. 31, 1779, when he was promoted to Ensign and is credited by his service as such to Sept. 26th, 1780, 8 mos. 26 days, when he was discharged. His name is also on a return of the offices of Col. Tupper's Regt. absent on furlough, dated Sept. 15, 1780.
In Testimony whereof, I have hereunto affixed the Seal of the Commonwealth, the date above written.

[signed] E.M. Wright
Secretary of the Commonwealth

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Sarah Bayley

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Sarah Bayley, wid. of Hudson,

     The entry upon the Mass. Rolls. "Dropped from the "Muster Rolls." does not seem to have been regarded as a ban to the granting of a pension for service as Sergt.
     Bayley served as Sergt. then as Ensign, eight months & 20 [odd= redacted] days or thereabouts, and was then promoted to a S.A. subsequent to that promotion [he= redacted] there is an entry, "absent on furlough. Time expired."
     These [repaid= redacted] rather rapid promotions would seem to show that he was hardly the man to desert.
     It would appear that he

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had not returned before the expiration of his "furlough," might not circumstances beyond his control have prevented his return? Might he not have resigned? There was no necessity for his deserting. He was in a different position from a private
     Furthermore, if at the time, he was regarded as a deserter, why did they not set him and as such?
                           J.M.Thayer,
     An officer would have been beside himself to have deserted. Where if he wanted to leave the service, he had only to resign his commission. I have no

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doubt but that this was the view taken by Mr. Edwards when the pensions war granted for service as Sergt.
[signed] Mr. G.

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Pension Office,
April 21, 1855

Sir:
     I have personally examined the papers filed with the application of Sarah Bayley, widow of Hudson Bayley, of the State of Maine, for a pension under the Act of July 4th, 1836.
     In this case a review has already been allowed at the rate of $120 a year for the service of said Hudson, in the grade of Sergeant, for the term of three years, from January 1, 1777, to December 3
1, 1779, inclusive. It is now claimed that the said Hudson served as Ensign, from January 1 to September 26, 1780, a period of 8 months and 26 days, and that the difference between the pension for an Ensign and Sergeant for this time, should be allowed in this case. To sustain this claim, the parties have filed a certificate from the Secretary of the Commonwealth of Massachusetts, dated February 16, 1851, in which that officer says that "the name of Hudson Bayley is borne on the Army Books in Capt. Clark's Company, Col. Tupper's Regiment, and is credited by service as a Sergeant, from January 1, 1777, to December 31, 1779, when he was promoted to Ensign and is credited by his service as such to September 26, 1780, eight months and twenty-six days, when he was discharged."
      The parties ahve also filed a certificate from said Secretary, dated February 20, 1855, in which the Secretary says that "the name of Hudson Bayley is borne on a return of the officers in Col. Tupper's Regiment, dated September 15, 1780 as Lieutenant, and against his name

Page 46

is written "on furlough - time expired." It will be noticed that there is a trifling discrepancy between these two certificates, so for us the facts are concerned. In the first, it is certified that Hudson Bayley is credited with service as Ensign to September 26, 1780, when he was discharged. In the last certificate, he is represented to have been a Lieutenant, September 15, 1780, on furlough, time expired. Now, why was he credited with service as Ensign to the 26th of the month if he were really a Lieutenant on the 15th of the same month? If he were a Lieutenant on the 15th of September 1780, when was he promoted to that office & why was not his service credited to him in that grade from the time of his promotion? But I find filed with the papers another certificate from the Secretary of the Commonwealth of Massachusetts, dated October 8, 1846, in which, after describing the service of Hudson Bayley in the year 1776, the Secretary uses language "Upon as account in Army Books as a Sergeant of Falmouth, in Captain Clark's Company, Col. Tupper's Regiment, and then credited by his service from January 1, 1777, to December 31, 1779, - thirty-six months: 17 months, at 48/ per month; 19 months at 60/ month. The following   is written on said account, viz: 'Promoted to Ensign, and struck off Muster Rolls.'" "In his 1780 account, as Ensign in Col. Tupper's Regiment, no service is named, but the following appears upon it, viz: 'Struck off Muster Rolls, 1780, September 26'" It is evident that the Secretary who signed this certificate had before him the same data that was before the Secretary

Page 47

who signed the certificate dated February 16, 1854, and yet the certificates differ materially. In the certificate of February 1854, it is alleged that Bayley is credited for service as Ensign, from January 1 to September 26, in the same year, 1780. In the certificate dated October 8, 1846, it is distinctly stated that no service is credited in the year 1780. Which of these certificates is the be believed? From other facts in the case, I am inclined to the opinion that the first certificate given and dated October 8, 1846, is the one to be believed upon. For, in the first place, there is evidence in this Office tending to show that Hudson Bayley was not promoted to the Office of Ensign until the 15th day of March 1780. Why, then, should he be credited with services as Ensign before that date? In the next place, Betsey Center, one of the daughters if Hudson Bayley, made an affidavit on the 10th day of November 1846, in which she says her father served as a Sergeant while he was in the service, as she learned from her mother, and "that his officers told him, if he would continue in the service to the end of the War, he should have a Lieutenant commission; but when he came home, owing to the entreaties of her mother, persuasions of her grandfather not to return, that he gave up the idea of going back."
     In considering the whole of this evidence, I am of opinion that Hudson Bayley was a Sergeant from January 1, 1777, to December 31, 1779, when his term of enlistment ex-

Page 48

pired, and he was discharged. That, after his return home to him wit on the 18th day of March 1780, he was offered an Ensign commission, which, owing to the entreaties of his wife and the persuasions of his father, he did not accept. That, when it was known he would not again return to the Regiment, and accept said commission, his name was struck from the Muster Rolls on the 26th day of September 1780, and that, as he rendered no service in the year 1780, his account from that year did not show any credit from service as Ensign during that year? Consequently, the former adjudication of this claim is right, and the present preposition for an increase cannot be entertained.

[signed]
I am respectfully,
Your Obt. Svt. 
L.P. Waldo
Commissioner.




J.M. Thayer, Esqr.
Boston,
Mass.

Page 49

Portland, Nov. 11, 1836.

J.L. Edwards Esqr.     }
Comm. of Pensions, }

Sir,
     I forwarded herewith such additional proof of the marriage of Sarah Bayley as strong circumstantial evidence of that fact. As being all she has it in her power to produce. There are no witnesses known to be living who were present at her marriage. As the Rev. Mr. Smith died in year 1795, and no record of his can be found except the church record; from which the Rev. Mr. Nichols (?) his affidavit that Hudson Bayley & Sarah Bayley married to the church I service of their children were baptized - the further evidence of Mary Mitchell, (?) (?) children, & also the certificate of the Sec't Clark of his knowledge of them.
     I hope will be duly explained.

[signed]
I am sir very respectfully
Your Obt. Serv.
Joseph Pope

Page 50

I, Mary Mitchell of Portland, aged Seventy-five years, do testify and say that I am well acquainted with Sarah Bayley of said Portland the widow of Hudson Bayley late of said Portland, who was lost at sea as I have understood and believe. I was a near neighbor to said Sarah Bayley and remember well the time she was married to said Hudson Bayley which was in the month of October in the year seventeen hundred & seventy-five a short time before Portland, (which was then called Falmouth) was burnt by the British. I was not present at the marriage, but distinctly recollect the fact of her marriage as then spoken of known and believed by all who knew her, and her husband Hudson Bayley. I was well acquainted with her as the wife of said Hudson Bayley, and the mother of his children, and since the death of said Hudson, I have also known her to the present time, and she still continues the widow of said Hudson Bayley, having never been married since his death. Her maiden name was Sarah Yeaton.

[signed] Mary Mitchell

Page 51

State of Maine
Cumberland ss: Sept. 1st, 1836- Then personally appeared Mary Mitchell written name and made oath to the foregoing affidavit by her subscriber before me - and I do certify that I have been acquainted with the said Mary Mitchell for more than twenty years, and that she is a respectable and credible witness.

[signed]
Joseph Pope, Justice of the Peace

Page 52

annex Jany. 18th                      Th_SA





                            Mrs. Sally Bayley
                                       Portland

Page 53

St. Croix November the 19, 1798

Dear Children, I send you this letter.
You know I have got out of the hands of the Pinots the French I was taken by thane condemned (?) & cargo my dear son Hudson was washed overboard & died 13 days after I was Farer(?).
I have (?) an (?) letters before then but I don't know that you have airy of them I shall come home god willing the first good opportunity I hope you & all my grandchildren are well, your loving father.
[signed} Joseph Bayley

Page 54

Portland Aug. 16, 1847
Sir,
     I forward the enclosed declaration at the special request of one of the claimants, having myself expressed to (?) my belief that the fact shown by the record that Hudson Bayley was "struck of the Muster Roll" was (?) to desert service under it can be shown that he resigned his commission. He at fact may appear by the Washington papers in possession of the Secretary of State. For the sake of the applicant who is a (?), I hope however that may be wrong in my conclusion, and that the memorandum of the Army Books, which, of itself shows no act of (?), may not be (?) as a bar against an increase of pension.

[signed]
I am respectfully
your obt. serv't.
Freeman Bradford





J.L. Edwards Esq.
Comm

Page 55

(Left Side)
Sarah Bailey
Sept 6, 1841
Refer to Mr. Thayer
Agent in Washington City

(Right Side)
The Washington papers have been re____ed for 1780-1-2 and Bayley's name is not found mentioned

(signed) S.A.

Page 56

Pension Office
September 6th, 1847

Tupper's Regiment
[illegible]

Sir,
       The certificate of the secretary of Massachusetts, transmitted by you in support of the application for increase in the case of Sarah Bayly, widow of Hudson Bayly is satisfactory to establish her husband's service for two years as a sergeant. It appears also from the secretary certificate that he was promoted to an Ensign and "struck off muster roll on the 26th September 1780." The records of this office show that his promotion took place on the 18th March 1780, and if it can be satisfactorily established that he resigned, or was honorably discharged from the Army, no objection will be made in the adjustment of her claim to including his services as Ensign from the 18th March to 26th Sept 1780. 
Clear and direct evidence on this point and also satisfactory proof of the date of Mrs. Bayly's death will be required before a certificate can issue to her children

I am very respectfully,
your Obt. Servant
JL Edwards

Freeman Bradford Esq.,
Portland, Maine.

Page 57

1 - Sarah Bailey  O? her husband was a private for 3 yrs - Sep 1835-
2 - Saml Bailey says the report
in the family has always been
that after his promotion to
Ensign he continued to serve 
[illegible] of [illegible] Feb 1827
18 Mch 1780 to   Cmen 48  or
26 Sep 1780         Ensign

Page 58

Portland Sept. 10, 1836
J.L. Edwards Esq.
Comm. of Pensions

Sir, 
[illegible] I forward the applications of Sarah Bayley & Polley Shaw for pensions under the act  of Congress 14 July 1836. I wish to refer to the certificate of the [?] [black?] of Falmouth which is annexed to Sarah Bayley's declaration - for the proof of the [?] age of Polly Shaw. There is no positive proof of the marriage of Sarah Bayley no [?] [?] living that is known to have been present at the marriage. I forward an original letter from her [?] grand father [?] account of his death, I also the original letter of administration granted to her as his widow & the [?] of two witnesses who have always been acquainted with her - as the widow or wife of Hudson Bayley - all which strong circumstantial evidence I doubt not will be satisfactory to prove that they were married in Oct. 1775 -
If the claims are allowed, please forward the certificate to me for them. I oblige
yours very respectfully
Joseph Pope

Page 59

Portland Sept. 9 1856
To
Hon. J. Minot Commissioner of Pensions
Washington D.C.

Sir I imployd Thomas
Campbell Esq. of Boston Mass to procure from your Department the back pension of my Father Hudson Bayley a soldier of the Revolution. Will you Sir be so kind as to inform me whether he has recd anything; and if so the amount and oblige your humble servant, Samuel Bayley

Hon. J. Minot Com[illegible] of Pensions
Washington 
D.C.

Page 60

Boston Mass. February 18, 1854.

Sir,
   I enclose the application of the children of Sarah Bayley, deed widow of Samuel Bayley, who was a pensioner of the United States, under the act of 1836. at $120 per annum for his services as Sergeant.
   It will appear from the certificate of the Secretary of Mass. which is included, that after serving three years as a Sergeant he was promoted to Ensign, in which capacity he served eight months twenty sic days.
   From the statements of the children, I learn that their father came home in the summer of 1780 on furlough being out of health, and unable to rejoin his regiment when his furlough expired, was compelled to resign his commission.
   This application is made to claim the payment of the difference between the wages of a sergeant and Ensign for the term of 8 months 26 days, which I respectfully ask may be paid to the three surviving children.

Very Respectfully
Your Obt. Servant
Thomas Campbell

Commissioner of Pensions
Washington DC

Page 61

Know all Men by these Presents,
THAT I Samuel Bailey, of Portland in the state of Maine do hereby constitute and appoint Thomas Campbell to be my true and lawful attorney for the purpose of prosecuting and claim I may have on the Government of the United States for pension or arrears of pension on account of the services of my father Hudson Bailey [dece?] & which may have been due my mother Sarah Bailey on account of my said father's services in the War of the Revolution, and the said Thomas Campbell is hereby authorized to take all necessary, legal, and proper steps in the prosecution of said claim in the same manner that I might do for myself & appoint substitutes if necessary.
Witness my hand and seal this Sixth of December 1853
Samuel Bailey
Henry Knight
Alfred Robertson

Page 62

Washington City
March 31, 1848

Sir,
In the case of Sarah Bailey widow of Hudson Bailey whose case was reported upon the 6th Sept 1847, application has been made to the Secretary of State for evidence of Ensign Bailey's resignation or honorable discharge; and it appears that the name of that officer is not borne upon any of the Washington papers. I have now to enquire whether there will be any objection to compete her pension at the rate of $120 per annum under the act of 1836 agreeably to the evidence now before you.
I am Very Respectfully 
Your Obt. Servant
Freeman Bradford

J.L. Edwards Esq.
Comm of Pensions
Washington 
D.C.

Page 63

Sarah Bayley
Hudson - Me- ? 1836

Page 64

Washington D.C.
Feb 29th 1855

Sir,
I respectfully ask for a new examination of the case of Sarah Bailey widow of Hudson Bailey act of 1830 admitted, Maine, for an increase of pension.

Respectfully Yours,
J.M. Thayer

certificate of Sec. of Mass.
J.M.T

Page 65

Commonwealth of Massachusetts.

Secretary's Office, Boston, February 18th 1854
I Hereby Certify, That at the dates of the annexed attestation, Joshua Seaver was a Justice of the Peace for the County of Norfolk.

in the said Commonwealth, duly committed and constituted; and that to his acts and attestations, as such, full faith faith and credit are and ought to be given, in an out of Court.

In Testimony whereof, I have hereunto affixed the seat of the Commonwealth, the date above written.

E.M. Wright
Secretary of the Commonwealth

Page 66

Know all men by these presents that I Betsey Center 
hereby authorize Constitute and appoint Thomas Campbell 
to be my sole true and lawful attorney for me and on 
my name to prosecute my claim which I may have on the 
government of the United States for pension or arrears of 
pensions due to my mother Sarah Bailey deceased, on 
account of the services of her husband Hudson Bailey in the 
war of the Revolution; and the said Thomas Campbell 
is hereby authorized to take all necessary, legal and 
proper steps in the prosecution of said claim in the same 
manner that I might do for myself, and may appoint substitutes if necessary.
Witness my hand and seal this thirteenth day of February 1854
Joshua Lewis 
Luke Jewitt       witnesses
[her?]
Betsey Center
Mark
Commonwealth of Massachusetts, Norfolk County, Roxbury Feby 13-1854,
Personally came before me Betsey Center to me well known and acknowledged the foregoing power of attorney by her subscribed to be her free act and deed.
Joshua Lewis
Justice of the Peace

Page 67

[illegible]
Sarah Baily and
vid of Hudson
Mr. [?]
[illegible] 4 May 1836
Certificate [illegible] Oct. 1836
written

Freeman Bradford
Portland
Maine
[illegible]
[illegible] [Query?] [Qy? Dy? Gy?oz?] [illegible]
$120 [00] pi.
am pa 4 March 1831
to 17 Nv 1838, payable
to Betsey Sinter, Hudson Bayly and Samuel  Bayly, only children of Sarah Bayly
[illegible] - deducting what has been paid at the rate of $80[00] [illegible] for same time.
F Bradford 
Present

Page 68

Secretary Office
Boston Dec. 26, 1846

Sir,
In the case of Hudson Bailey, a certificate of whose military service in the war of the Revolution has recently been given, there is no widow upon rolls in this office, that he served as a substitute for one Beniah Low in said war, whose name is found upon the Army books as enlisting for the term of 3 years in Falmouth, and as it appears from said books served from January 18 1777 to December 31 1779, 35 months and 3 days, and upon another account served 28 days in January 1780 as a sergeant--then serving out the time for which he enlisted [illegible], 3 years and was discharged. it does not appear from the rolls that said Low served subsequent to his discharge in January 1780. The certificate of Hudson Bailey [issued?] from this office, the 8th October last containing all the facts relating to his service in the war of the revolution, shown by the military records

Page 69

in this department. The papers spoken of in the accompanying application as having belonged to said Bailey and alleged to have been forwarded to the office, cannot be found. 

Respectfully your obt. servant,
John G. Parfrey.

Page 70

Hudson Bailey
Service

Page 71

Commonwealth of Massachusetts.
_________________________________________

Secretary's Office, Boston;
October 8 1846

I hereby Certify, That, from an examination if the Books and Documents relating to Military Services in the War of the Revolution, which remain in this Department, it appears that the name of Hudson Bailey is borne upon a Master Roll of Capt. William Crocker's Company Maintained in Falmouth, in the County of Cumberland, as a sergeant from March 16 June 1776, 3 months. Upon a Pay Roll of Capt. William Crocker's Company, a Sergeant from June 1 to September 1776, 3 months. Upon another of said Company, as a sergeant from September 1 to November 23 1776. 2 months and 23 days - Upon an [abstract?] of the subsistence money due to Capt. John Skilling's Company, in Col Ebenezer Francis's regt from the time of the enlistment to their arrival at Bennington, as a private of Falmouth, from December 13 1776, 98 days Upon an account in Army Books as a sergeant

Page 72

of Falmouth, in Capt. Clark's Company Col Tupper's regt, and then credited by his services, from January 1 1777 to December 31, 1779, 36 months - 17 months at 48 per month. 19 months at 60 per month. The following is written in said account viz: "Promoted to Ensign, and struck off master roll." In his 1780 account as Ensign, in Col Tupper's regt. no service is named, but the following appears upon it, viz: "struck off master roll 1780 September 26th."     The above is all the evidence of service of anyone of the name, shown by the military records in this office.

And I further Certify, That, before search made for evidence of said facts, the application hereto annexed was filed in this Office, in the form in which the same now appears; the the search was made by myself and my clerks alone; and that said application, and the certificate above set forth, contain all the facts and circumstances within my knowledge, pertaining to the case.

In Testimony Whereof, I have hereunto affixed the seal of the Commonwealth, the date above written.

John G Parfrey;
Secretary of the Commonwealth

Page 73

2383


F. Bradford
Portland
Maine

Page 74

To the Secretary of State Massachusetts

The undersigned Samuel Bailey one of the children of Hudson & Sarah Bailey deceased respectfully requests the Secretary of State to furnish from the Books & Documents relating to military service in the war of the revolution the evidence of the service of said Hudson Bailey his father.
   And this application states that Hudson Bailey was a resident of Falmouth in the time of the war of the revolution and he believes that his father entered the service at the commencement of the war. In the early part of the year 1777 he believes that his father enlisted into Capt Clark's Co Col Francis afterwards Tupper Regiment in the [illegible] of the state of Massachusetts on continental establishment for the war & that he served as a now commissioned officer for three years or about that time and was then promoted to Ensign and that he served the remainder of the war as an officer. This applicant therefore requests the Secretary to furnish all the proof of service and the grade in which

Page 75

his father served from the commencement of the Revolutionary War. And for the purpose of this application I appoint F. Bradford of Portland my Attorney.

Samuel Bailey

State of Maine
[illegible] September 2nd 1846. Here appeared Samuel Bailey and signed the above in me presence
Freeman Bradford [illegible]
2383

Page 76

Camp. Sept. 18th a.d. 1780

Sir,
Included is a return setting fourth the true state of the 11th Master Regiment, by which it will appear that we have but five platoon officers with the Regiment to eight companies; if it should please the Honorable Court to make the appointments recommended, [with] it might be published that those who are out of camp who may be appointed might be immediately induced to [join?].
Sir, I was so unhappy as to be led into a mistake with respect to the time when Lieut. Aaron Francis should have been promoted. I returned him as being [illegible] to the rank of Lieut. in my last returns for promotion, only from the fourteenth of July a.d. 1779, when it ought to have taken place on twentieth of March, the same year, which if it should please the Honourable Court to signify to the Honourable the Board of War, with the new appointments, it will much oblige.
Your Honour's most
obedient humble servant,
Benj. Tupper. Col.

Honourable President of Council
[Ma?] State

Endorsed, "From Col. Tupper,
made out Sept. 26, 1780"

Page 77


A List of the Commissioned Officers in the 11th Massachusetts, Regiment,
September 15th 1780
Names                        Rank             Remarks 
Benjamin Tupper.    Colonel
Noah M. Littlefield  Lt. Colonel
Moses Knap             Major
Billy Porter       Captain  Regimental Pay Master  
Moses Greenleaf   [do]
Stephen Abbott     [do] In Light Infantry
Silas Clark              [do] 
Thomas Francis     [do]
Daniel Lunt,           [do]
William Burley Capt.Lieutenant Prisoner of War.
Nehemiah Emerson, Lieutenant Regimental Quarter Master 
James Burton        [do]  Adjutant
Aaron Francis       [do] Brigade Quarter Master
William McKenney [do]  In Light Infantry
Benjamin Shaw     [do] Aid DeCamp to General Patterson
Obediah Lovejoy   [do]
Hudson Bailey       [do] On Furlough : Time Expired

As there is a very considerable deficiency of officers in the Regiment, I would beg leave to recommend the following Gentlemen for appointment, viz:
Mr. Joseph Crook. Lieut
Mr. Isaac Wells, Ensign who has served as volunteer from 28th August
Mr. Joseph Raymond do,
Mr. Zachariah Nowell do
Mr. James Witherill

Page 78

Mr. Ansell Tupper, do, who has served as volunteer from 15th March 1780,
Benj Tupper Col

It is indispensably necessary that new appointments should be made in the above Regiment - having no doubt of the [illegible] of the above named persons to fill the vacancies I recommend them accordingly.
     Go. Washington

In council Sept. 26 1780 Read & Ordered that warrants be made out to the within mentioned officers, commissioning them agreeable to their respective ranks.
    John Avery D'secy

Page 79

Enoch Peeble [struck through]
Alex Hubbs    [struck through]
Wm Cammett [struck through]
Highlow - illegible [struck through]

Page 80

COMMONWEALTH OF MASSACHUSETTS.

By the Honorable William Gotham Esq.
JUDGE of the Probate of Wills, and for granting Letters of Administration on the estates of persons deceased, having goods, chattels, rights or credits in the County of Cumberland, within the Commonwealth aforesaid.
To Sally Bayley of Portland in [illegible] County [illegible] Greeting.
WHEREAS Hudson Bayley late of Sarah Portland Maine
deceased, having while he lived, and at the time of his decease, goods, chattels, rights or credits in the county aforesaid, lately died interstate, whereby the power of committing administration, and full disposition of all and singular the goods, chattels, rights and credits of said deceased; and also the hearing, examining and allowing the accompt of such administration doth appertain unto me: Trusting therefore in your care and fidelity, I do, by these presents, commit unto you full power to administer all and singular the goods, chattels, rights and credits of the said deceased; and well and faithfully to dispose of the same according to law; and also to ask, gather, levy, recover and receive [illegible] credits of the said deceased, which to, him while he lived, and at the time of his death, did appertain; and to pay all debts in which the said deceased stood bound so far as his goods, chattels, rights and credits can extend, according to the value thereof: And to make a true and perfect Inventory of all and singular the goods, chattels, rights and credits of the said deceased; and to exhibit the same into the Registry of the Court of Probate for the county aforesaid, at or before the second day of October next ensuing: And to render a plain and true accompt of your said administration upon oath, at or before the second day of July which will be in the year of our LORD one thousand eight hundred. And I do hereby ordain, constitute and appoint you Administrator of all and singular the goods, chattel, rights and credits aforesaid.

IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of the said Court of Probate. Dated at Portland the second day of July Anna Domino 1770
Wm Gorham
REGISTER.

Recorded, [ILLEGIBLE] 15 [ILLEGIBLE]
Per Jani Freeman