Revolutionary War Pension and Bounty Land Warrant Application File S 22112, Joshua Bailey, Vt.

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Vt.

Bailey, Joshua

S.22112

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French & Sylvester
July 27, 1851

3483
Vermont
Joshua Bailey
of Orange in the State of Vermont who was a private in the compy commanded by Captain Bailey of the Regt commanded by Col Olcott in the Vert Militia line for 6 months
Inscribed on the Roll of Montpelier at the rate of 20 Dollars 00 cents per annum to commence on the 4th day of March, 1831.
Certificate of Pension issued the 6th day of March 1841 & sent to Galliant Rix, Esq. Haverhill N Kamp.
Arrears to the 4th of March 1841 $200.00
Semi-annual allowance ending 4 Sep '41 $10.00
$210.00

Revolutionary Claim, Act June 7, 1832.
corded by D. McCurdy, Clerk, E2 Vol. 3. Page 56

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Joshua Bayley

State of Vermont
County of Orange ss – On this 2nd day of August AD 1832 personally appeared in open court before the Probate Court in the district of Bradford in the County of Orange & State
of Vermont now sitting, Joshua Bayley a resident of Newburg in the County of Orange – aged seventy nine years who being first duly sworn according to Law, doth on his
oath make the following declarations in order to obtain the benefit of the Act of Congress passed June 7, 1832.
	That he entered the service of the United States under the following named officers and served as herein stated – His father Genl. Jacob Bayley was appointed a Brigadier
General by and under the Authority of the State of Vermont and was also appointed a deputy Quarter Master General and Deputy forage master General – under General Greene for the troops in the northern part of New Hampshire and Vermont and marched from Newberry in the month of September 1777 for General Gates Army on the Hudson
River.  This applicant was called upon by his father to do military service of every description as it was found necessary – and went with his father together with many
others as volunteers.  He arrived at the head quarters of the American Army some time before the surrender of Burgoyne and continued in service until after his surrender
when he was sent home by his father.  He was daily in active service from the commencement of hostility either in companies of militia or in executing the requisitions of said General Bayley in his various employments as Quarter master and forage master He enlisted into a company commanded by Captain Foye Bayley for much of Newberry in the month of February 1779
in a Regiment in which Colonel Peter Olcott was commandant.  He continued to serve in said Company in scouting & guarding
the frontiers on Connecticut River until the close of the war then last of the year 1783.  As there was written truce nor peace nor cessation of hostilities with the Tories &
Indians until the final peace was closed.  He hereby relinquished 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. The following interrogatories were then prepared by the
Court & answers given   Where & in what year were you born?  Ans. I was born in Hampstead in New Hampshire in the year 1753

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2. Have you any record of your age?   Ans.   I do not know that there is any. I have none in my possession   3. Where were you living when called into service, where have you lived since the revolutionary war & where do you now live?   Ans. I live in Newberry Vermont when called into service where I have ever since & do now live.   4. How were you called into service; were you drafted did you you volunteer or were you drafted a substitute.   Ans. I served voluntarily.    5. State the names of some of the regular officers who were where you served; such continental & militia regiments as you recall it; & the general circumstances of your [illegible]    Ans. I saw Genl Porter, Genl. Whipple of Portsmouth NH Col Hunt at Saratoga at the surrender of Burgoyne in other respects I do not know that I can be more particular than I have been in my destinations.   He says that he never received any written discharge & refers to the Depositions of the herewith transmitted for further proof.  Joshua Bayley    Sworn to & subscribed the day & year aforesaid   And the said court do hereby declare their opinion after the investigations of the matter, & putting the questions prescribed by the war department; & hearing the testimony of Genl Moody Bedel & Stephen Powers whose affidavits are herewith annexed who subscribed and sworn duly known to the same in Court. & who it appears to the Court, are credible witnesses, that the above named applicant was a revolutionary soldier served as he stated      
I Simon Short Clerk or Register of the said Probate Court do hereby certify that the foregoing contains the original proceedings of said Court in the matter of Joshua Bayley for a Pension The testimony whereof hereunto set my hand, & seal of office this 2nd day of August AD 1832 Simon Short Clk

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State of Vermont County of Orange - On this 12th day of June AD 1833 Personally appeared in Open Court before the Probate Court of [illegible] Bradford in the County of Orange and State of Vermont Joshua Bayley who being duly sworn according to law, doth on his Oath make the following declaration in addition to the foregoing declaration by him received by [illegible], before the said Probate Court on the 2nd day August AD 1832 that he enlisted into a company under the command of Captain Frye Bayley belonging to a Regiment commended by Colonel Peter Olcott belonging as he believed the the State troops raised by the State of Vermont in the month of February AD 1779 but the precise day he can not now recollect, that he was enrolled in Said company and continued in actual Service therein from the period of of his enlistment to the close of the war in June 1783 and until the news of peace was finally promulgated which was some what later - with the exception of his services as herein after mentioned as waiter to his father Gen'l Jacob Bayley - He enlisted at Newberry aforesaid and was discharged at the Same place by said Captain Frye Bayley - The company was stationed at the fort at Newberry which had been previously built, but one or more block house was built by said compy during his enlistment. He was also employed in Scouting and guarding the frontiers - A Small fort was also constructed at Peacham twenty miles or more towards Canada line - He was marched occasionally to this fort - He once went with a small party in pursuit of a person from Canada who had been kept at the forts at Haverhill and Newberry for some time previous but had absconded - He lived at Newberry aforesaid when he entered the Service He was in Scurmishes with parties from Canada & Tories, but in no battle of note - He can find no surviving witness who can testify further to his Services than those whose affidavits are now produced in court.

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He further states that previous to February 1779 he belonged to a company of the local militia at said Newberry commanded by Capt. John G. Bayley, that his father Genl Jacob Bayley had previously been appointed a Brigadier General under the Government of New York while that State claimed jurisdiction over Vermont and Subsequently said General Bayley was appointed a Deputy Quartermaster General and Deputy forage master General under General Nathaniel Greene - He further States that he was taken from said company by his said father and employed as a waiter or assistant from the commencement (or near the commencement) of the war to the close of it as he was wanted by his father - He attended his said father in one excursion from Newberry to join General Gates army at Stillwater in 1777 his said father taking on one half of the forces under his command - He first arrived at Saratoga Barracks the day after the battle at Stillwater. The militia had orders from Genl Gates to recce the North River soon after, which was done, and this corps encamped near the mouth of the Batten Kill river where we staid several days we shortly after marched to Fort Edward and possessed it for some time - during which the fort was under the command of said General Bayley - He left the fort and returned home after the capation of arms, but he thinks a day or two before the final surrender of the British army - He went also to Newbury Port & Portsmouth to President Ware [Weare] at Exeter N Hampshire during said term - He further states that he never his knowledge or belief had a written discharge from Service consequently none can be now obtained.   Joshua Bayley
Subscribed & sworn to in Open Court this 12th day of June AD 1833.  Wm [illegible] Judge of Probate

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State of Vermont
County of Orange} On this 3rd day of February A.D. 1851 before me a Justice of the Peace within and for said County duly elected and qualified to administer oaths, personally appeared Sally Bailey aged 74 years a resident of Newbury in said county who being first duly sworn according to law on her oath makes the following declaration for the purpose of obtaining the arrears due the Heirs of Joshua Bailey late of said Newbury dec'd- That she is one of the children of said Joshua Bailey dec'd that said Joshua was a pensioner of the United States under act of June 7, 1832 that a certificate of pension was issued to him on the sixth day of March A.D. 1841 for only 20 Dollars per annum - and that said Joshua died in said Newbury, on the 3rd day of July AD 1841, and that she supposes that he was fully entitled to a full pension of 80 dollars per annum or more, as will most conclusively appear from evidence filed by him in his application and now on file in the Pension office - That said Joshua was out more than two years in the Vermont and NH Hampshire Militia and State Service from 1775 to the close of the Revolutionary War - and that the only surviving children of said Joshua Bailey known to be living are Merrill Bailey & James Bailey, both of Messena St Lawrence Co,  New York, Noyes Bailey, Joshua Bailey, John Bailey, Ephraim Bailey, Benj'n F. Bailey, Anna Powers and Sally Bailey the declarant all of Newbury aforesaid - that she now makes this application in behalf of said Heirs of Joshua Bailey dec'd, and as her reexamination of the case and such allowance as by law they may be entitled - That said Joshua Bailey left no widow surviving him.
Subscribed and Sworn to by said Sally Bailey on the day and year first above written
Before me
Tim Fuller Jus Peace

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State of Vermont
Secretary of State's Office,
Montpelier, February 5th A.D. 1851

I certify that Timothy P. Fuller Esquire, whose name is subscribed in his own proper hand writing to the foregoing certificate, is and was at the date thereof, a Justice of the Peace, within and for the county of Orange duly elected and qualified, and that to his official acts and attestations, as such full faith and credit are, and ought to be given.

In Testimony Whereof, I have hereunto subscribed my name and affixed the Seat of this Office at Montpelier, this 5th day of February, in the year of our Lord one thousand eight hundred and fifty-one.
Fernand F. Merrill
Secretary of State

Sally Bailey's Declaration , in behalf of the Heirs of Joshua Bailey , Deceased. February 5th, 1851

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April 25. 1851
Certificate of death of
Joshua Bailey and list
of children now surviving 
& Decd. of Sally Bailey
in behalf of the heirs



French & Sylvester

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State of New Hampshire
Grofton
I Samuel Swazey, Register of Probate for said County do hereby certify that satisfactory evidence has this day been exhibited to the Court of Probste for said County & filed in the Probate Office, that Joshua Bailey of Newbury in the County of Orange, and State of Vermont, who was a Revolutionary Pensioner of the United States at the rate of $20 per annum under law of 1832 died in said Newbury on the 3d day of July A.D. 1841 and that he left no widow, and that the only children of the said Joshua Bailey surviving him known to be living are Merrill Bailey & James Bailey both of Messina St Lawrence Co. New York, Hoyes  Bailey, Joshua Bailey, John Bailey, Ephraim Bailey, Benj'a F. Bailey, Anna Powers and Sally Bailey all of Newbury aforesaid - 
In testimony whereof I have hereunto set my hand and affixed the seal of said Court of Probate on  this 18th day of February  A.D. 1851
Samuel Swasey, Reg.

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3919
Joshua Bailey
6 mo pr

Joseph Berry Esq
Newbury Vt.

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War Department, 
Pension Office, 
April 26 1833, Sir:
The evidence in support of your claim, under the act of June 7, 1832, has been examined, and the papers are herewith returned. The following is a statement of your case in a tabular form. On comparing these papers with the following rules, and the subjoined notes, you will readily perceive that objections exist, which must be removed, before a pension can be allowed. The notes and the regulations will show what is necessary to be done. Those points to which your attention is more particularly directed, you will find marked in the margin with a brace, (thus: } ). You will, when 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.
Period when the service was rendered.  1779  to 1783   Duration of the claimants service.  [years, months, days]     Rank of the claimant.  Waiter  Names and rank of the Field officers under whom he served.  Jn. G. Bailey Capt.  Col. P. Olcott,  Capt Frye Bailey  w/ a fort at Newbrey [unreadable]    Age at present and place of abode when he entered the service    Proof by which the declaration is supported      

I am, respectfully, Your obedient servant, J. L. EDWARDS, Commissioner of Pensions
Mr. Joshua Bailey

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2 
REGULATIONS UNDER THE ACT OF JUNE 7, 1832. 
The following regulations have been adopted: This law has been construed to extend, as well to the line, as to every branch of the Staff of the Army, and to include under the terms "Continental Line,' State troops," " militia," and "volunteers," all persons enlisted, drafted, or who volunteered and who were bound to military service, but not those who were occasionally employed with the army upon civil contracts, such as Clerks to Commissaries and to Store Keepers, &c., Teamsters, Boatmen, &c. Persons who served on board of private armed vessels are also excluded from the benefits et the law, as well as persons who turned out as patrols, or were engaged in guarding particular places at night, and were not recognized as being in actual military service. 
Four general classes of cases are embraced in this law: 
1. The Regular Troops. 
2. The State Troops, Militia, and Volunteers. 
3. Persons employed in the Naval Service. 
4. Indian Spies. 
As rolls of the regular troops in the Revolutionary War exist in this Department, all persons claiming the benefit of this law as officers, non-commissioned officers, mucicians or privates, will, in the first instance, make application by transmitting the following declaration, which will be made before a Court of Record of the County where such applicant resides. And every Court having by law a seal and Clerk is considered a Court of Record. 
DECLARATION, 
In order to obtain the benefit of the Act of Congress of the 7th of June, 1832. 
State, Territory, or District of} County of} ss. 
On this [blank] day of [blank] personally appeared (a) before [blank] A. B. a resident (b) of [blank] in the county of [blank] and State, Territory or District of [blank] aged (c) [blank] years, who being first duly sworn, according to law, doth on his oath make the following declaration, in order to obtain the benefit of the provision made by the act of Congress, passed June 7th, 1832. That he enlisted in the Army of the United States in the year (d) [blank], with [blank] and served in the [blank] (e) regiment of the [blank] line, under the following named officers : 
[Here set forth the names and rank of the Field and Company Officers; the time he left the service ; (and if he served under more than one term of enlistment, he must specify the particular period, and rank and names of his officers ;) the town or county and State in which he resided when he entered the service; the battles, if any, in which he was engaged, and the country through which he marched. ⇒This form is to be varied so as to apply to the cases of officers and persons who belonged to the militia, volunteers, navy, &c.] He hereby relinquishes every claim (f) whatever to a pension or an annuity, except the present, and he declares that his name is not on the Pension Roll of any Agency in any State, or (if any) only on that of the Agency in the State of [blank] 
Sworn to and subscribed the day and year aforesaid. [blank] 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 [blank] of the Court of [blank] do hereby certify (h) that the foregoing contains the original proceedings of the said Court in the matter of the application of [blank] for a pension. In testimony whereof, I have hereunto set my hand and seal of office (i) this [blank] day of [blank] &c. 
If, on examination of the proper record, the names of applicants, making such declaration, cannot be found, they will produce such proof as the rule given in note (j) points out. 
Every applicant who claims a pension by virtue of service in the State Troops, Volunteers or Militia, except those who belonged to the New Hampshire Militia and State Troops of Virginia, will make and subscribe a declaration similar to the foregoing, with the following additions, viz: 
(k) We, A. B., a Clergyman, residing in the [blank] and C. D. residing in (the same) hereby certify, that we are well acquainted with [blank] , who has subscribed and sworn to the above declaration; that we believe him to be [blank] years of age; that he is reputed and believed, in the neighborhood where he resides, to have been a soldier of the Revolution, and that we concur in that opinion. Sworn and subscribed the days and year aforesaid. [And then will follow the certificate of the Court.] And the said Court do hereby declare their opinion, after investigation of the matter, and after putting the interrogatories prescribed by the War Department, that the above named applicant was a RevoIutionary Soldier, and served as he states. And the Court further certifies, that it appears to them that A. B. who has signed the preceding certificate is a clergyman, resident in the [blank] and that C. D., who has also signed the same is a resident in the [blank] and is a credible person, and that their statement is entitled to credit. 
I, [blank] Clerk of the Court of [blank] do hereby certify that the foregoing contains the original proceedings of the said Court, in the matter of the application of [blank] for a pension. In testimony whereof, I have hereunto set my hand and seal [blank] of office, this [blank] day of [blank]&c. 
Every applicant will produce the best proof in his power. This is the original discharge or commission; but if neither of these can be obtained, the party will so state under oath, and will then procure, if possible, the testimony of at least one credible witness, stating in detail his personal knowledge of the services of the applicant, and such circumstances connected therewith, as may have a tendency to throw light upon the transaction. If such surviving witness cannot be found, the applicant will so state in his declaration,(l) and he will also, whether he produce such evidence or not, proceed to relate all the material facts, which can be useful in the investigation of his claim, and in the comparison of his narrative with the events of the period of his alleged service, as they are known at the Department. A very full account of the services of each person

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3
will be indispensable to a favorable action upon his case The facts stated will afford one of the principal means of corroborating the declaration of the applicant, if true, or of detecting the imposition, if one be
attempted ; and unless, therefore, these are amply and clearly set forth, no favorable decision can be expected. All applicants will appear before some Court of Record in the County in which they reside, and there subscribe and be sworn to, one of the declarations above provided, according to the nature of his case.
The Court will propound the following (m) interrogatories to all applicants for a pension, on account of service in the Militia, State troops, or Volunteers, except the Militia of New Hampshire and the State troops of Virginia.
1. Where and in what year were you born?
2. Have you any record of your age, and if so, where is it?
3. Where were you living when called into service; where have you lived since the Revolutionary war, and where do you now live?
4. How were you called into service; were you drafted, did you volunteer, or were you a substitute: And if a substitute, for whom?
5. State the names of some of the Regular Officers, who were with the troops, where you served; such Continental and Militia Regiments as you can recollect, and the general circumstances of your services.
6.{To a Soldier. {Did you ever receive a discharge from the service, and if so, by whom was it given, and what has become of it?
{To an Officer.{Did you ever receive a commission, and if so, by whom was it signed, and what has become of it?
7. State the names of persons to whom you are known in your present neighborhood, and who can testify as to your character for veracity, and their belief of your services as a soldier of the Revolution.
The Court will see that the answers to these questions are embodied in the declaration, and they are  requested to annex their opinions of the truth of the statement of the applicant.
The applicant will further produce in Court, if the same can be done, in the opinion of the Court, without too much expense and inconvenience to him, two respectable persons-one of whom should be the nearest clergyman, if one lives in the immediate vicinity of such applicant, who can testify, from
their acquaintance with him, that they believe he is of the age he represents, and that he is reputed and believed in the neighborhood to have been a Revolutionary soldier, and that they concur in that opinion. If one of these persons is a Clergyman, the Court will so certify, and they will also certify to the character and standing of other persons giving such certificates.
The traditionary evidence of service is deemed very important, in the absence of any direct
proof, except the declaration of the party. And the Courts are requested to be very particular in the enquiry whether the belief is general, and whether any doubts have ever existed upon the subject.
Applicants unable to appear in Court, by reason of bodily infirmity, may make the, declaration before required, and submit to the examination, before a Judge or Justice of a Court of Record of the proper county, and the Judge or Justice will execute the duties. which the Court is herein requested to perform;
and will also certify that the applicant cannot, from bodily infirmity, attend the Court.
Whenever any official act is required to be done by a Judge or Justice of a Court of Record, or by a Justice of the Peace, the certificate of the Secretary of State or Territory, or of the proper Clerk of the Court or County, under his seal of office, will be annexed, stating that such person is a Judge or Justice of a Court of Record, or a Justice of the Peace, and that the signature annexed is his genuine signature.
No payments can be made on account of the services of any person, who may have died before the taking effect of the act of June 7, 1832; and in case of death subsequent thereto, and before the declaration herein required is made, the parties interested will transmit such evidence as they can procure, taken and authenticated before a Court of Record, showing the services of the deceased, the period of his death, the opinion of the neighborhood respecting such services, the title of the claimant, and the opinion of the Court upon the whole matter.

[a] The declarant must appear in open Court, unless prevented from doing so by reason of bodily infirmity; in which case the declarant will follow the rule laid down for his guidance.
[b] The declarant must make his declaration in the county where he resides. If he should fail to do so, he most assign a sufficient reason for not conforming to the rule.
[c] The age of the claimant must invariably be mentioned.
[d] The declarant must mention the period or periods of the war when he served.
[e] Every continental officer or soldier must give the name of the Colonel under whom he served; otherwise a satisfactory examination of the claim cannot be had. Every claimant must state, with precision, the length of his service, and the different grades in which he served, in language so definite as to enable the Department to determine to what amount of pension he is entitled. In a case where the applicant cannot, by reason of loss of memory, state precisely how long he served, he should amend his declaration by making au 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."
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 service. The use of the phrase about three or four months, is too indefinite, and all such qualifying expressions are objectionable. Some persons who apply for pensions merely state that they served two years in the militia, &c. without specifying the tours, the names of the officers, and other particulars respecting their service. This form of declaration is highly objectionable. It must, in every case, be clearly shown under what officers, the applicant served; the duration of each term of engagement; the particular place or place where the service was performed; that the applicant served with an embodied corps called into service by competent authority; that he was either in the field or in garrison; and for the time during which the service was performed, he was not employed in any civil pursuit.
[f]The law makes the relinquishment indispensable.
[g] The opinion or the Court is always required.
[h] The Clerk must give his certificate in every case.
[i] The Clerk must affix his seal, and if he has no device or inscription by which it can be distinguished from any other seal, or if he has no seal of office, the certificate of a Member of Congress, proving the official character and signature of the certifying officer, should accompany the papers.

Mode of authenticating papers.
In every instance where the certificate of the certifying officer who authenticates the papers is not written on the same sheet of paper which contains the affidavit, or other papers authenticated, the certificate must be attached thereto by a piece of tape or narrow ribbon, the ends of which pass under the seal of office of the certifying officer, so as to prevent any paper from being improperly attached to the certificate.

Proof of Service.
[j] In a case where the name of the applicant is not found on the records of the Department, he must prove his service by two credible witnesses who are required to set forth in their affidavits the time the claimant's entering the service, and the time and manner of his leaving the same, as well as the regiment, company, and line to which he belonged. The magistrate who may administer the oaths must certify to the credibility of the witnesses, and the official character and signature of the magistrate must be certified by the proper officer, under his seal of office.
⇒The notes from [a] to [i] are all equally applicable to the cases of Militia men, Volunteers and State Troops. The proof required by rule [j] applies to continental troops only.
[k] This traditionary evidence is indispensable in militia cases.
[l] If a witness cannot be found, the declarant must state the fact.
[m] The answers to the interrogatories must all be written, and sent to the War Department, with the declaration.

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Joshua Bailey
[unreadable]  S.22112

Copy of Orders to Col'o Morey

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Joshua Bailey   Vt.  [unreadable]  
Newbury 2d March 1780 
Whereas Complaint has been made to me by the Committees of Haverhill and Newbury, to me in the Military Department in behalf of the United States of America, against William Wallace of Newbury representing him as a dangerous Person to the said States, desiring him to be confined and proceeded against in behalf of said States, and whereas I did not think it reasonable to send said Wallace to a place of Confinement for the security of this Frontier without some Enquiry into the certainty of the Truth of said Complaint, I have and do Bide that Colo. Israel Morey be President of a Court of Enquiry into the Truth of the said Complaint and the Circumstances relating thereto which Court is to be composed of Military Officers not more than Twelve in Number nor less than Six Summoned by Major Eben'r Brewster to make Enquiry into the Premises who are to sit this day at nine o'Clock at Haverhill Court House to hear and determine as to the Truth of said Complaint advise and order further Confinement or Release as they shall Judge rights to the said Wallace, and as they shall think safe to the United States of America     Jacob Bayley Brig Gen'l      
Colo. Israel Morey

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[illegible]
General Jacob Bailey
New Hampshire
Grant

Joshua Bailey 
S. 22112

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Camp Preakness July 5. 1780 
Sir 
The Honorable the Treasury board having extended the line for delivering in the public discounts to the 1st August & resolved to prosecute & publish such as are delinquent, you will please to transmit such of your accounts with the voucher & a list of all debts due by your, as have not been already sent to my office in Philadelphia before that time I am Sir your mo ob svt [most obedient servant] Clement Riddle [seal]  General Jacob Bailey

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J.L. Edward
Commissioner of Pensions

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J. L Edwards Commissioner of Pensions     
Yours of the 7th September 1833 to J B [unreadable] of Newbury Vt. states that the evidence in support of Joshua Bailey did not prove and [unreadable] service from 1779 to 83.   I forwarded a Deposition of Jacob Baily Esq. who was aid to his father General Jacob Bailey which I am in hopes will satisfy the Department of War   if it should not there are now 
Living in Newbury a Considerable No of old persons who can Testify the time that Jacob Bailey served.
I am Respectfully Your Ob’t Servant
Nath Rix
Haverhill N. H. 
July 21th 1836
Please to [unreadable] your answer to me at the first [unreadable] --

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Jacob Bailey Affidavit in Joshua Bailey Case

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Jacob Bailey of Newbury in the County of Orange in the State of Vermont aged 80 years Testify and say that Joshua Bailey of Newbury aforesaid was a Soldier in Cap'n Frye Bailey Company from 1779 - to close of Revolution 1783. this company was stationed at the Block House in Newbury the whole of the above period excepting when Detailed for patrol or scouting parties to [illegible] Northern Part of Vermont &c - Your Deponent was an aide - to his father Gen'l Jacob Bailey, at the above time and will Recollect the facts by him Stated
Haverhill Aprill 13th 1836 - /s/ Jacob Bayley

Grafton ss April 13. 1836 Thereby certify that the above named deponent Jacob Bailey is a respectable and credible witness - John Nelson Jus. Peace

State of New Hampshire
Grafton ss. I Nathan B. Felton Clerk of the Court of Common Pleas of said County of Grafton hereby certify that John Nelson Esquire whose name is subscribed to the foregoing certificates ['is' crossed out] was an acting Justice of the Peace for said County of Grafton on the thirteenth day of April last past and ever since has been & that his name is subscribed is his genuine signature being in his own proper hand writing.
[court seal affixed] In testimony whereof I have hereunto set my hand and affixed the seal of said Court this 11th day of August Anno Domini 1836 - 
Nathan B. Felton Clerk

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Joshua Bailey
Vt
Act June 7 1832
allow 6 mo
[illegible] $20 per anny
Vermont Militia

Nath. Rix Esq
Haverhill
N.H.

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Nath. Rix, Esq
[illegible]

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Jacob Bailey

State of Vermont
Orange County ss. At Newbury in said Orange County Dec'r 29 1836 Then Jacob Bailey the signer of the above affidavit personally appearing before me made solemn oath that the same is just and true - and I hereby certify that the said Jacob Bailey is a credible witness and his signature above is genuine    
James Bayley esq'r Justice of the Peace

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Signature of the Magistrate. (James Bayley 2d) Justice Peace.

State of Vermont,
Orange COUNTY, SS.} I, J. W. D. Tarner Clerk of the Court, of the County, and State aforesaid, do hereby certify that James Bayley 2d is a Justice of the Peace, in and for said County, duly commissioned and qualified; that his commission was dated on the 15th day of November 1836, and will expire on the 30th day of November 1837, and that his signature above written is genuine.
[county seal affixed] Given under my hand and the seal of said County, this 31st day of December 1836.
J.W.D. Tarner Clerk.

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Revo
Vermont
Suspended act 7 June '32
J. Bailey
Nath Rix
28 Feby '40  See letter to
N Rix 18 Jany 1841
J. Berry Esq
Newbury
Vt

27 Sept 1833
Let [letter] to Hon Horace Everetty Jan 1836
Let Nathan Rix Aug 5 1836
Let Nathan Rix June 27. '37

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22112
INVALID.
File No. 22112
Joshua Bailey
Pri Rev War
Act: June 7th 32
Index:-Vol. 2, Page 21
[Arrangement of 1870.]

 Revolution
1927 Mar. 25 photos Mailed to A. W. DeGorsh  AU

Page 29

1-681 SUBMIT IN DUPLICATE PHONE Branch 476    
All inquires regarding this job should refer to Requisition No. 13741    
Requisition for Duplication, Addressograph, Photostat, and Blue Print Work.    
DEPARTMENT OF THE INTERIOR CPS
WASHINGTON 
CHIEF, Division of Publications, 
Room G 137.  192
Bureau ordering Pension Deliver to Room No. 1213 
(ALL COPY FOR DUPLICATING WORK SHOULD BE PLAIN AND WRITTEN IN ELITE TYPE, EXACTLY LINE FOR LINE AS IT IS TO APPEAR ON THE FINISHED JOB.)     
Title and description of job Photostat copies of 9 pages from the Rev War pension   S. 22112, Joshua Bailey    
No. of copies 1 of each page.    Shall form be kept standing?   days  
For further information see W. E. Elison    Room No.    Phone No.     Approved: J. L. Lunsford Reed Chief Clerk of Bureau  A E Wilson Chief of Branch    
NOTE: No order made "SPECIAL" unless statement showing necessity is written below and approved by Chief Clerk of Bureau ordering 
[stamp] DIVISION OF PUBLICATIONS RECEIVED MAR 24 1927 *DEPT. OF THE INTERIOR.
CHECK WORK DESIRED Duplicate   Multigraph single or double space?     Facsimile signature?     Mimeograph one side of both sides?     Facsimile signature?    Folding once or twice?     Assembling     Stapling Once?     Twice?    Side?     End?    Electric typewriter Fill in addresses?     Dated?      Addressograph from lists   Envelopes, size     Cards, size     Proof list     Pay rolls     Labels (submit sample) Corrections     Fill in letters  Tabulation sheets  Photostat x Size actual Official use?    Repay? yes $1.35    Blue Print Size  Official use?    Repay? Remarks (OVER)

Page 30

NOTE: Routine changes of addresses may be made on this blank without formal reference through  or initialing of chiefs of branches or chief clerks of bureaus.
(Date) [blank] 192[blank]

INDICATE BY AN X IN PROPER SQUARE TO BE TAKEN.
口 Make new addressograph plate}
口 Change present addressograph plate}
口 Destroy present addressograph plate} On list [blank]
as follows:

Now reads
1 [blank]
2 [blank]
3 [blank]
4 [blank]
5 [blank]

Should read
1 [blank]
2 [blank]
3 [blank]
4 [blank]
5 [blank]

FOR USE OF DUPLICATING AND ADDRESSING SECTION
ADDRESSOGRAPH
The above change was made [blank] 192[blank] .
Operator [blank]
MULTIGRAPH
Operator [blank] Date [blank] Type set by [blank]
Remarks: [blank]
MIMEOGRAPH
Operator [blank] Date [blank] Cut by [blank]
Remarks: [blank]

Page 31

6769

3-2233
BUREAU OF PENSIONS
Finance Division March 7, 1927
March 8 1927

Chief Rev. War Section Division.
I have this day received from A. W. DeGoosh of nine pages from Revolutionary War
cash No. 22112.
for $1.35, requesting photostat copy ) as per
['post office addresses' crossed out] )
letter herewith.
1927 Mar 25 photos mailed to Finance Div notf
[initials: AW]
O. J. RANDALL
Chief Finance Division.
[initials: HCL.] C24
Rev. & 1812 Wars Section

[receipt stamp: FINANCE DIVISION [illegible]]

Page 32

[typewritten letter]

March 7, 1927

Commissioner of Pensions
Washington, D.C.

Sir:
I desire photostat copies of nine pages from Revolutionary War pension claim of Joshua Bailey 22112.
A. W. DeGoosh US Shipping Bd Washington

Received payment $1.35 March 7, 1927

Margaret M. H. Finch
Rev. & 1812 Wars Section
[receipt stamp: [illegible]]

Page 33

James Bayley

I James Bayley of Newbury in the County of Orange of the age of Sixty five years last August do depose and Say that I have known Joshua Bayley of said Newbury since the year 1777 and have resided nearly all of the time in the same town with him - In the year 1779 said Joshua was a soldier in Captain Frye Bayleys company which was stationed at the fort at General Bayley in Newbury and continued to do duty as a soldier in said company to the close of the war except when he was taken off by command of his father General Jacob Bayley - My father Captain John G. Bayley lived a near neighbor to General Bayley and our family had often to move into the fort at said General Bayleys and I know that said Joshua did duty constantly in said company ['and war' crossed out] My father John G. Bayley commanded the militia at the same time or part of the time which was frequently called out but Capt Frye Bayleys company was stationed & on duty at the fort and in Scouting & guarding against the enemy from Canada who were very often out after prisoners and property from the inhabitants - said Joshua was a winter aide to his father General Jacob Bayley from the period first above mentioned to the close of the war but when not employed as such by his said father he did did duty as a soldier in said Frye Bayleys company & was previously in my fathers militia company     James Bayley
Submitted & sworn in open Court this 12. day of June AD 1833. 
Wm. Benson Judge of Probate.

Page 34

Haverhill New Hampshire November ‘23

William Tice of Newberry C.  82 years of age do testify and say lived in Newbury in 1776 in Joshua Bailey - lived with him untill I inlisted as a soldier - Capt - Simion Stevens Co in Tim Bedels Regt - for one year - the said Joshua Bailey was the whole of the time in actual service for three years under Command of his Father Gen. Jacob Bailey as assistance to his father in the Commissary Department, Providing and issueing Rations to white men & Indians: Joshua Bailey in case of Allarms, frequently volunteered on Scouting Parties and on Return went in to the Commissary Department - he was at the taking of Gen'l John Burgoin [Burgoyne] with his father

Page 35

Wm Whiteman 64 years & born in Worcester Mass Rec'd his injury in Shuttegre wwds he was in the 4 Reg't, his Capt. was a prisoner - his Lieut. was Wheelocken, his Surgeon was James Mann.

Page 36

Chancey L Knapp
Secretary of the State
of Vermont - in favor of Joshua Bailey
MH. Con

Nathl Rix
Haverhill
MA
Dec  21. '40

Page 37

State of Vermont
Secretary of State's Office
Montpelier, Nov. 23, 1840.

I, Chauncey L. Knapp, Secretary of said state, do Hereby certify that there is on file in this office a paper, purporting, to be :A Pay Roll of a company of minute men in the service of the country, in the year 1775, under the command of Capt. Thomas Johnson."  I further certify that the name of Joshua Bayley, a private, appears upon said pay roll, with an allowance for fifteen days' service annexed.

I further certify that there is on file in this office another paper, purporting to be a "Pay Roll of Capt. John G. Bayley's Company in Newbury, for guarding and scouting, from April, 1777, to May, 1779, under the command of Col. Peter Olcott."  I further certify that the name of Joshua Bayley, a private, appears upon said pay roll, with an allowance for one month's and fourteen days' Service annexed.

I further certify that there is on file in this office another paper, purporting to be a "Pay Roll of Capt. Thomas Johnson's Company of minute men in Newbury, for the year 1776, under the command of Col. Peter Olcott, for Scouting and guarding, & year."  I further certify that the name of Joshua Bayley, a private, appears upon said pay roll, with an allowance for twenty-one days' service annexed.

I further certify that there is on file in this office another paper, purporting to be "A Pay Roll of a Party of Men belonging to Col Peter Olcott's regiment, under the command of Capt. Frye Bayley, employed in Scouting Dated Newbury, 8th May, 1781."  I further certify that the name of Joshua Bayley, a private, appears upon said pay roll, with an allowance for one month and ten days' service annexed.

Page 38

I further certify that there is on file in this office another paper, purporting to be " A Pay Roll of Capt. Frye Bayley's Company in Newbury, from May, 1781, till the end of the War, and in Scouting, guarding, and in Sunday alarms, under the command of Col. Peter Olcott, and Robert Johnson."  I further certify that the name of "Joshua Bayley, sergeant," appears upon the said pay roll, with an allowance for one month and twenty days' service annexed.

I further certify that the said pay rolls appear to have been examined, approved and ordered to be paid, by a committee acting under the authority of this State, and that they were duly paid by the Treasurer.

I further certify that a part of the pay rolls containing evidence of military Services in the Revolutionary War, originally filed as vouchers in the Treasurer's office, have become mutilated or lost, and are not to be found.

Given under my hand and seal of office, at Montpelier, this the 23d day of November, A.D. 1840
Chauncey L. Knapp,
Secretary of State

Page 39

on Capt Fry Bailey [illegible] Oct 1780
10 days . Scouting
5 20
______
6.00

Page 40

Joshua Bayley
Application for
3919



Return to Joseph
Berry Sgt Newbury
Vt agent for
Applicant

Page 41

I Moody Bedel of Bath in the County of Grafton & State of New Hampshire declare and say that I was in the service of the United States during the Revolutionary war and was stationed at Haverhill and Newbury— ^know Joshua of Bayley^ I am knowing that most the statements by him made are true particularly the terms of service—^his^ going to join General Gates army in 1777 & [illegible] the fourgoing application.  I further ^say^ that ^I well knew^ General Jacob Bayley father to said Joshua Bayley and know that his devotion to the American cause was to the extent of his power and faculties and that his control over the people in this region was almost without bounds—that he said to our [illegible] & be want, and to another come & he came without questioning our doubting the authority or the propriety of the command

Sworn to this court the day & year aforesaid

[signature]
Moody Bendel
[embellished]


I Stephen Powers of Newbury declare and say that I knew Joshua Bayley in 1779 and have known him ever since—I have no doubt but that he performed services in the Army of the Revolution as he has set fourth in his declaration before the court this day—I was in the same company and recollect him as a soldier of the company and also of his standing [counting?] and scouting and keeping guard as such during the term as he mentions

Sworn to [illegible] this day & year of aforesaid

[signature]
Stephen Powers

Page 42

The affidavit of James A Bayley of Newbury in the County of Orange and State of Vermont sheweth that many of the letters and papers of his Grandfather the last General Jacob Bayley of this town came into the possession of this deponant about the time of said Genl Bayleys death which was about twenty years ago - Among others was a commission from the Government of New York appointing said Bayley a Brigadier General in the State troops, at the time New York claimed jurisdiction over Vermont's There was also a letter from Gen'l Washington addressed to Gen'l Jacob Bayley and another from Genl Nath'l Greene addressed to him (s'd Bayley) as deputy Quarter Master General - These papers I some years since delivered to Capt John G. Bayley then of this town who was at that time applying for a pension - said John G has since deceased and although at the time of delivering said letters and Commission I took said John G. s receipt for them which I now have - yet often the most diligant search since his death I have never been able to obtain them - The subjoined letters from Gen'l Nath'l Grant dated Morristown Feb 26. 1780 - and from Clement Biddle to Genl Bayley dated July 5. 1780 and a circular from Gen Bayley to Colo Israel Mowrey dated 2nd March 1780 came into the possession of this deponant from said Genl Bayley as he has above stated
James Bailey

State of Vermont - County of Orange ss Newbury May 27th 1833 Then personally appeared James A. Bayley before me, and solemn oath that the facts set fourth in the foregoing affidavit by him described are true - And I certify that said deponent is a creditable person and his statement is entitled to credit and find the [illegible] papers [illegible]
Joseph Berry Justice Peace

Page 43

Mr Clark Perry a clergyman, residing in the town of Newbury in the County of Orange and State of Vermont and Isaac Bayley residing in the same Newbury (aged 66 years) hereby certify that we are well acquainted with Joshua Bayley of said Newbury, whose application for a pension we have this day examined and which bears date August 2d. 1832 and that we believe him to have been severity nine years of age as he has stated himself to be in his declaration - that he is reputed and believed in the neighborhood where he resides to have been a soldier of the Revolution and that we concur in that opinion
Clark Perry
Isaac Bailey

Subscribed & sworn this 12 day of June AD 1833. Wm Benson Judge of Probate

Page 44

William Tice
affidavits
for Joshua Bailey

Page 45

Haverhill County of Grafton & State Newhampshire December 10th 1840 - 
William Tice of Newbury in the County of Orange and State of Vermont aged 82 years Testify and says, that in the year 1776. he went to live in Joshua Baileys home in Newbury - and made it my home there for about three years & I know that the said Joshua Bailey was the whole  of said time in the service of his county by order of his father Gen'l Jacob Bailey the principal part of the Time he was in the Commissary Department issueing Provisions to White men and Indians, in the month of June 1777. Your Deponant inlisted for one year in Captain Simeon Stevens Company, in Co'l Timothy Bedels Regiment, and on Duty at Newbury & Its Vicinity through the whole of my ingagement in the service aforesaid, and I further State that the said Joshua Bailey - frequently volunteered in Case of Allarams [alarms] , in Scouting parties and Returning to the Commisary Department he was with his father in the Capture Gen'l John Burgoin [Burgoyne] he was about from home Twelve Weeks William Tice
Sworn to and subscribed before me the day and year above written   Russell Kimball Justice Peace

Page 46

State of New Hampshire
Grafton County sct
Nathan B Felton Clerk of the Court of Common Pleas of the County and State aforesaid do hereby certify that Russell Kimball is an acting Justice of the Peace and for said County duly commissioned & qualified; that his commission was dated on the Thirteenth day of June AD 1840, and will expire on the thirteenth day of June AD 1845, and that his signature [within] written is genuine
Given under my hand and the seal of said County this 14th day of December AD 1840
N B Felton Clerk

Page 47

Joshua Bayley    
I Timothy Clark of Newbury in the County of Orange in the State of Vermont of the age of sixty four years last October do [unreadable] and say that I came to live with Genl Jaco Bayley in Newberry in April of the year in which I was eleven said and continued to live with him from that time until I was twenty one years old I further say that I have known Joshua Bailey, his son from that time the present. I know nothing of his authority or Commissions but I well recollect that said Joshua was constantly employed from April 1779 to the close of the revolutionary war in the service of his country. He officiated as waiter or assistant to said father Jacob Bayley much of the time while his father was at the posts in this country - said Joshua was a soldier in Captain Frye Bayley’s company when I came to live at his fathers in April 1779 and I know that he was frequently sent out with scouting parties from said company and often took [unreadable] of said Scouts  -- There was a fort a few rods from Bayleys house and three block houses near by and I know that said Joshua Bayley when he was not called off by his father said Jacob Bayley to attend him as waiter or assistant as aforesaid, was very actively employed either in the company to which he belonged in going off on Scouts-- There was a local militia of the place which were often called out as minute men at this company of Capt Frye Bayley was constantly stationed at the fort aforesaid, and continued there to the cause of the Revolutionary war, and said Joshua Bayley continued to do duty in said company until it was disbanded   
Timothy Clark 
State of Vermont County at Newbury in the said County of Grange on the 11th day of June AD1833 Personally appeared Timothy Clark and made solemn oath that the foregoing deposition by him subscribed contains the truth & nothing but the truth before me-- and I further certify that said deponent is a credible person and his statements entitled to belief Joseph Berry Justice of the Peace

Page 48

I Simeon Frost Register of the Probate Court within & for said Bradford District do hereby certify that the foregoing paper subscribed by Joshua Bailey contains his Second & additional declaration subscribed & sworn to before this Court on the 12th day of June AD 1833 - & I further certify that Clark Perry who has signed the preceding certificate is a clergyman resident in the town of Newbury in said Orange County & that Isaac Bayley who has also signed the same is a resident in said Newbury & is a credible person & his statement is entitled to credit - also certify that James A Bayley whose affidavit is herewith transmitted was duly sworn & subscribed the same in Court & is a credible person. - & that Joseph Barry before whom the accompanying depositions of James A Bailey & Timothy Clark were taken & sworn is a Justice of the peace within & for said Orange County & his signature thereto genuine - 
In testimony whereof I have hereunto set my hand & the seal of said Court this 12th day of June AD 1833 - 
Simeon Frost Judge

Page 49

The Honb Secretary of War of the United States
Pension Office Department
City of Washington

On side:  Aug 20

Page 50

Haverhill July 12th 1836

Sir yours of the 5th Ins't is Rec'd & ['the certificate of' crossed out] the Clerk of of Common Pleas has certified the [illegible] of the Justice before whom Jacob Bailey Deposed - is Returned. - the applicant Josiah Bailey says that he was with his father but a short time. that, in his Declaration, he relied on making out  more than two years service in the company commanded by Fry Bailey he was in actual service. During the whole time he  Belonged to s'd Comp'y either in the Garrison on on scouting the Enemy lines - that, During the whole of said Term he never attended to any Business for him self. & therefore he knows of no way to Seperate - his services. his father Gen'l Jacob Bailey. that But for him to continue in said Company & while he assisted his father he did Duty, as a Sentinel in s'd Company - these are the Ideas conveyed by Joshua Bailey altho he is very Def. and otherwise Broken by, Reason of old age - if he is fortunate. enough to Receive a pension soon! he will be Benefitted thereby - otherwise will not [illegible] it for he will not live long.

Page 51

[handwritten letter]

long - to want it -
Mr Stephen Powers is in the same Cituation as to services. with the addition of 6 months Service in Capt Lovels Company at Peachem - wish to be informed the objections & the necessary, Proof; to be made in his care - 
David Ladd served in Gen'l George Bird Reg't & in Greene Co - he inlisted for During the war. he is Dead - and the heirs intitled to any land or money - is he so Recorded - the Laws of the United States Granting Pensions - excepting march 18th 1818 1821 & June 7th 1802 - I am Destitute of If you could consistently  furnish them to me you will Receive my Grateful acknowledgement - if any Payment is necessary it shall be forwarded - the Comutation act is Particular.

Respectfully Your Obed't Servant
Nath'l Rix

J. L. Edwards Commissioner of Pentions