Revolutionary War Pension and Bounty Land Warrant Application File W. 22407, for Henry Thayer, Massachusetts

SERVICE
Mass.
Thayer, Henry Phila
NUMBER
W. 22407
CONTENTS

6368 New Hampshire
Henry Shay of the State of NH who was a priv in the company commanded by Captain Hayden of the Regt commanded by Col Bailey in the Mass. Militia for service from 1775
Inscribed on the Roll of New Hampshire at the rate of 24 Dollars 44 Cents per annum, to commence on the 4th day of March, 1834.
Certificate of Pension issued the 28 day of Feb 1833 and sent Mr W Edward Ely
Arrears to 4th of Sept 1832 39 99 Semizant. allowance ending 4 March 1833 13 33
$ 53.32
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded by Henry W. Grafton Clerk, Book 20 Vol. 1 Page 188

4244
New Hampshire Com Phila Thayer widow of Maj Henry, who served in the Revolutionary war, as a Private
Inscribed on the Roll at the rate of 2 1/2 Dollars 16 2/3 , Cents per annum, to commence on the 4th day of March, 1848.
Certificate of Pension issued the 12 day of March 18 49 and sent to C. Sawyer Heene M. B.
Recorded on Roll of Pensioners under act February 2, 1848, Page 157 Vol. 1

10,428
Henry Thayer
Providence
8 Mo
Cash
Wm H Hubbard
PR
North Broadway
Keene
NH

BRIEF in the case of Henry Thayer of Winchester in the State of New Hampshire (Act 7th June, 1839.)
 1. Was the declaration made before a Court or a Judge? Court  2. If before a Judge, does it appear that the applicant is disabled by bodily infirmity?  3. How old is he? Seventy six years  4. State his service, as directed in the form annexed. 
   Period. Duration of Service. Rank. Names of General and Field Officers   Years, Months, Days. Gen.     In 1775 8 Col Hayden Col Bailey  
 5. In what battles was he engaged? none stated  6. Where did he reside when he entered the service? Bridgewater Mass  7. Is his statement supported by living witnesses, by documentary proof, by traditional evidence, by incidental evidence, or by the rolls? two peers certify to the claim of service Chas Packard, a living witness.  8. Are the papers defective as to form or authentication? and if so, in what respect? 
I Certify that the foregoing statement and the answers agree with the evidence in the case above mentioned.
D. Kimball Examining Clerk.

Declaration of Henry Thayer.
10.428

Declaration
In order to obtain the benefit of the act of Congress passed June 7-1832-
State of New Hampshire } ss- County of Cheshire }
On this tuesday second day of August A.D. one thousand eight hundred and thirty two personally appeared before the justices of the Court of Common Pleas , now sitting at Keene in & for the County of Cheshire aforesaid. Henry Thayer - a resident of Manchester in said County and State aged seventy six years, who being first duly sworn according to law, state on his oath make the following declaration, in order to obtain the benefit of the provision made by the act of Congress passed June 7 th 1832 - That he enlisted at Bridgewater in the County of Plymouth and Commonwealth of Massachusetts in the year of our Lord one thousand seventy hundred and seventy five, for eight months, in the Massachusetts Militia and served the full time of his enlistment under the following named officers - Captain Josiah Hayden - 1 st Lieutenant Jacobs - 2 nd Lieut. Bailey. Underly Sergeant Zachariah Matthews - Field officers - Colonel Bailey Lieutenant Colonel Zachariah Greeney, Major Jacobs - That he was stationed at Roxbury Mass. the full time of eight months, at which place he was discharged. That he has no written evidence of the above term of service, nor does he know of but one living witness to above period of service, to wit, Rev. Asa Packard of Lancaster Mass. whose deposition is hereto annexed. He hereby relinquishes every claim entrance to a pension or an annuity, except the present, and declares that his name is not on the pension roll of any agency in any State -

I was born in the Town of Braintree Massachusetts A.D. 1756 - I have record of my age at my house in Winchester A.D. 1844 I was living, when called into service in the Town of Bridgewater Mass. I have lived since the Revolution my home in Winchester A.D. 1844 and now live there -
That he enlisted as a volunteer, in Capt. Washburn's Company in Fort Bridgewater Massachusetts Militia for one month A.D. 1776 - and served the full time for which he enlisted at Danvers Height Mass - He don't recollect any of the officers with whom he served except those mentioned in his declaration -
That William Holmes and Benjamin Kingman are neighbors to him and can testify as to his character for truth and veracity and their belief of his services as a soldier of the Revolution -
Henry Thayer
Sworn and Subscribed the day and year aforesaid before me Aaron Matson Judge of Probate

We William Holmes and Henry Kingman residing in Winchester V.H. hereby certify that we are well acquainted with Deacon Henry Thayer who has subscribed to the above declaration. That we believe him to be seventy six years of age, and that he is respected and beloved in the neighborhood where he resides to have been a soldier of the Revolution and that we concur in that opinion.
Wm Holmes
Benjamin Kingman
Sworn and subscribed the day and year aforesaid
before me Aaron Motion Judge of Probate
And the said Court further certifies do hereby declare their opinion after the investigation of the matter and after putting the interrogatories prescribed by the War Department that the above named applicant was a revolutionary soldier and and served as he states and the Court further certifies that it appears to them William Holmes and Benjamin Kingman who have signed the preceding certificate are residents in the town of Winchester aforesaid and are credible persons and that their statement is entitled to credit
Aaron Motion Judge of Probate
I Asa Parker, Register of the Court of Probate for the aforesaid County of Cheshire, do hereby certify that the foregoing contains the original proceedings of the said Court in the matter of the application of Henry Thayer for pension —
In testimony whereof, I have hereunto set my hand and seal of office this twenty second day of August
A.D. 1832 —
Asa Parker Regr of sd Court of Probate

Declaration. In order to obtain the benefit of the act of Congress of the Seventh of July one thousand eight hundred and thirty eight, entitled an act granting half pay and pensions to widows: State of New Hampshire
Cheshire County ss. On this Ninth day of February in the year eighteen hundred and forty three, personally appeared before one of the judges of Court of Common Pleas for said County Phila Thayer - a resident of Winchester  Winchester in said County of Cheshire, aged Eighty Six 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 provision made by act of Congress passed the Seventh day of July in the year one thousand eight hundred and thirty eight, entitled an act granting half pay and pensions to certain pensioners, that she is the widow of Henry Thayer — late of Winchester  Winchester in said County of Cheshire, deceased, who was a Revolutionary Pensioner (evidence of his rank and services being in the Pension Office at Washington). She further declares that she was married to the said Henry Thayer on the Twenty Seventh day of January in the year seventeen hundred and eighty three and that her husband aforesaid, died on the Sixth

day of September eighteen hundred and thirty nine that she was not married to him prior to his leaving the service, but that the mar- riage took place previous to the first day of January nineteen hundred and ninety four, VOL. 1, at the time above stated.
"Richmond" record and "Winchester" inserted in two places before the execution
Phila her X Thayer
Sworn to and subscribed, the day and year above written
Before me Horace Chapin, Judge of the Court of C. Pleas
This Declaration was taken out of Court on account of the age and infirmity of the applicant
Horace Chapin Judge of C.C. Pleas
State of New Hampshire
Cheshire County G. } I Elijah Sawyer Register of the Court of Probate in & for the County of Cheshire, aforesaid, hereby certify that Horace Chapin is a Judge of the Court of Common Pleas in said County of Cheshire duly commissioned and qualified, and the fore- going Signature purporting to be his, is genuine.
In testimony whereof I hereunto affix the Seal of said Court of Probate and subscribe my name this 15 day of February A.D. 1843.
Elijah Sawyer Register Probate.

5574 apl 13. 1843.
NH July 7 1838 Phila Thayer, adm - Smopri 2666
Henry
Elijah Sawyer Esq. Heene N.H.

We Henry Kingman and Martial Kingman: depose and say that we are acquainted with Phila Thayne of Winchester that she is the widow of Henry Thayne late of Winchester in Cheshire County deceased that said Henry Thayne died on the sixth day of September 1839 that he was a Revolutionary Pensioner that at his decease he left the said Phila Thayne his widow who still survives and remains the widow of the said Henry Thayne February 11 th 1843 Henry Kingman Marshall Kingman
Cheshire ss February 11 th 1843
Sworn to and subscribed before me
Horace Chapin } Justice Peace
Cheshire ss February 11 th 1843
The above named Henry Kingman and Martial Kingman are personally known to me to be credible witnesses
Horace Chapin } Justice Peace
State of New Hampshire } Cheshire ss.
I Elijah Sawyer Register of the Court of Probate in and for the said said County of Cheshire, do hereby certify that Horace Chapin is a Justice of the Peace as aforesaid, and that the foregoing Signature purporting to be his, is genuine.
In testimony whereof I hereunto affix the Seal of said Court of Probate, and subscribe my name, this thirteenth day of February A.D. 1843 -
Elijah Sawyer Reg.

Copy from the Book of Records of Marriages belonging to the Town of Bridgewater in the Commonwealth of Massachusetts. "January twenty-seventh Seventeen hundred and eighty three Henry Thayer and Philibert Pachard Married by Rev John Porter"
I certify that the above is a true Copy of the Record, with the exception of the date, which is expressed on the Record in fair legible figures as follows. "January 27. 1783"
Mitchell Heath Town Clerk
I Mitchell Heath above named , do hereby certify, that I hold the Office of Town Clerk of Bridgewater in the County of Plymouth and Commonwealth of Massachusetts, and that the above is a true extract from the Records of said Town, with the exception above named as certified by me.
Mitchell Heath Town Clerk of Bridgewater
Commonwealth of Massachusetts Plymouth County S.S. Sworn to before me
Photo Leach Justice of the Peace

Commonwealth of Massachusetts. Secretary's Office February 28. 1843.
I hereby Certify that at the date of the within Attestation Philo Cook was Justice of the Peace for the County of Plymouth.
Witness my Seal at the State
Geo. H. Bolles Secretary of the Commonwealth.

Rev WIDOW, & Co.
File No.
22407
Philo Thayer
wid of
Henry Thayer
Princ Rev war
Act: Feb 28 1848
Index: Vol. M Page 273
[Arrangement of 1870.]

Rept. Atty. 12.613
New Hampshire - 7258.
Phila Thayer
widow of Henry Thayer
who was a pensioner under the Act of June '32. and, who died on the 6 th September, 1839 of Cheshire Co in the State of N. H. who was a private in the company commanded by Captain Hayden of the Regt. commanded by Col Bailey in the Massachusetts line for 8 months
Inscribed on the Roll of Concord at the rate of 20 Dollars 66 Cents per annum, to commence on the 4 th day of March, 1836.
Certificate of Pension issued the 11 th - day of May 1843 and sent to Elijah Sawyer, Keene, N. H.
Arrears to the 4 th of Semi-annual allowances ending
5/33. 30
[Act July 7, 1838.]
Recorded by W. M. Stewart Clerk, Book A Vol. 1 - Page 57 -

returned to the Pension Office 13 th Feb. 1844 and then sent to Hon. E. Burleigh
4137.
M rs . Mansfield Concord
Phila Shayer widow of Henry Shayer who was a Private in the Revolution
Inscribed on the Roll at the rate of 26 Dollars 66 Cents per annum, to commence on the 4th day of March, 1843.
Certificate of Pension issued the 2nd day of Jan y 1844 and sent to Pensioner
Keene N.H.
[Act of March 3, 1843.]
Recorded in Book - 255. Vol. 1. Page

I Asa Packard of Lancaster, in the County of Worcester, and Commonwealth of Massachusetts, Clerk, being seventy four years of age, do testify and say, that I am well acquainted with Henry Thayer, now of Winchester in the County of Cheshire, and State of New Hampshire - that I knew him well when he was a boy - That at the commencement of the Revolutionary War, he was a resident in Bridge Water in the County of Plymouth and Commonwealth aforesaid. I well remember that he was a private in Capt. Josiah Haskins Company, and Col. Dyer's Regiment, and that this consisted of Soldiers enlisted in the United States Service for the term of eight months - The said Thayer was a sort of barber in the Company, performing that business as well for the Officers as his fellow Soldiers. I frequently saw him during said eight months service, and can entertain no doubt that he served said term of time conformable to his enlistment. That the character and standing in the community of the said Thayer has been well known to me since the Revolution, and I have no hesitation in saying, that his declarations and statements in regard to the above service, or any other service performed by him in the regular Army, Militia, or Volunteers, during the Revolutionary War, are entitled to full credit & belief - that the reason of my making oath to this Affidavit before a Justice of the Peace, is, because going to New Hampshire to make oath thereto, would be attended with great inconvenience expense to myself & said Thayer. -
Asa Packard.
Commonwealth of Massachusetts,
County of Worcester. - To all, August 3 rd 1832. Personally appeared Asa Packard above named, and made oath to the truth of the facts set forth in the foregoing Affidavit by him subscribed.
Before me, Moses Smith, Justice of the Peace. I also certify that the character of the said Asa Packard for truth is good. Moses Smith, Justice of the Peace.

Commonwealth of Massachusetts. Worcester ss. I Abijah Bigelow, Clerk of the Judicial Courts, holden within and for the County of Worcester, do hereby certify, that Moses Smith, Esquire, before whom the foregoing Affidavit was made and sworn to, is a Justice of the Peace, within and for said County, and that his signature thereto appears to me to be in his own proper hand writing.
In testimony whereof I have hereunto set my hand, and affixed the County Seal, this fourth day of August, in the year of our Lord one thousand, eight hundred and thirty two. Abijah Bigelow, Clk.

4492
Ph. Thayer
$26:66 per m
Pension at Keene N.H.

State of New Hampshire, County of Cheshire & Town of Winchester, ss.
I Phila Thayer, late a pensioner under the act of 1838. as the widow of Henry Thayer, late of said Winchester decd. am advised, that an act passed on the third day of March 1843 giving me a pension for one year, to obtain which, I now make this demand; and request that I may be authorized to receive the sum, which may be awarded to me.
In testimony whereof, I have hereunto set my name this twenty second day of March 1843-
Phila her X Thayer mark
Sworn to and subscribed this twenty second day of March 1843 Before me Honor Chapin Justice of the Court of Common Pleas Cheshire Co.
The word Phila altered to Phila before signing Honor Chapin

Cheshire Yrs
State of New-Hampshire
I Lemuel Dinsmore Clerk of the Court of Common Pleas for said County of Cheshire (it being a Court of Record) certify that Horace Chaplin is one of the Justices of the Court of Common Pleas for said County of Cheshire, duly commissioned and qualified according to law and that his signature as written is genuine.
In testimony whereof I have hereunto set my hand and seal of said Court of Common Pleas this twenty second day of September A D 1843 there being no particular inscription as a seal established by said Court.
Lemuel Dinsmore Clerk.

WE Henry Kingman and Marshall Kingman depose and say that we are acquainted with Phoebe Thayer of Winchester N.H. that she is the widow of Henry Thayer late of said Winchester, deceased, that she has been put on the Pension list as a revolutionary Pen- sioner and has received her five years pension, that she has not intermarried but still survives, and remains the widow of said Henry Thayer this 11 th day September 1843-
Henry Kingman Marshall Kingman
Sworn to before me
A. H. Bennett
Just. Peace
I certify that the above named deponents are credible witnesses.
A. H. Bennett
Just. Peace-

State of New Hampshire
Cheshire ss
I Lemuel Risco (Clerk of the Court of Common Pleas for said County of Cheshire (it being a court of record) certify that Asahel K. Bennett is an acting justice of the Peace within and for said county duly commissioned and qualified according to law, and that his signatures as within written are genuine.
In testimony whereof I have hereunto set my hand and seal of said Court of Common Pleas this twenty second day of September A.D. 1843, there being no particular inquisition as a Deed established by said Court.
Lemuel Risco. Clerk

Ken Sept. 22 1843
Sir I sent these papers on similar ones as I thought last spring, and at the same time called your attention to a real or supposed error in the sum allowed Susa Bryant, wid. of David C. Bryant, her husband as I understand recd. a pension of $120.00 per annum. Mrs Bryant recd. but $80.00 per an. for her five years pension & but 80 for her one year pension. If her husband recd. as above stated it seems she is entitled to more than she has been allowed. If such an error exists, I must ask to have it corrected.
Mrs Thayer, you will find has been paid her five years pension. The papers proving her marriage &c are with those in the Pension Office sent to obtain her pension for five years, to which I refer you Sir, for further proof if needed. —
Respectfully, Elijah Sawyer
P.S. Address E. Sawyer } Ken Sept. 22 }

BRIEF objections to the admission of Pension Claims , of which those answered in the negative, in red ink, will apply to the claim of Henry Thayer which require further proof or explanation.
I. Does the declaration show where the applicant resides? ny II. Did the declarant make the declaration in the county where he resides? ny III. If the applicant did not make the declaration in the county where he resides, is there any reason assigned for his not doing so? _____ IV. Has the declarant mentioned the period or periods of the war when he served? ny V. * Has he mentioned with precision the length of his service, and the different grades in which he served, in language so definite as to enable the department to determine to what amount of pension he is entitled? ny VI. Has he given the names of the officers under whom he served, in conformity with the regulations? ny VII. Has he made a relinquishment of every claim to any other pension than the one under the Act of June 7, 1832? ny VIII. Has the Court given their opinion? ny IX. Has the Clerk given his certificate? ny X. Is the Clerk's seal affixed? And if so, has it a device or inscription by which it can be distinguished from any other seal? ny

XI. Has the applicant obtained the evidence of a clergyman and another respectable citizen as to their belief respecting his age and the general belief in his neighborhood relative to his revolutionary service? no
XII. If the clergyman's affidavit has not been produced, is there any reason assigned for not obtaining it? no
XIII. If the applicant has no documentary evidence, and has not obtained the testimony of at least one living witness, has he stated in his declaration that such proof cannot be had? no
XIV. † If the applicant's name is not found on the rolls of military service, has he produced a witness or witnesses as to his service? no
If he has produced direct proof as to service, has the magistrate who administered the oath, certified to the credibility of the witness or witnesses? no
Has the proper officer certified to the official character and signature of the magistrate as the regulations direct? no
XV. Does it appear from any of the papers that the witness was in such a situation, or of such an age, as to have a personal knowledge of the applicant's service? no
XVI. ‡ Are the papers authenticated as the regulations direct? no
XVII. Are the seven interrogatories prescribed by the War Department answered satisfactorily? And, if not, which of them is not so answered? assumed 6
EXPLANATORY NOTES.
* QUERE V. In a case where the applicant cannot, by reason of the loss of memory, state precisely how long he served, he should amend his declaration by making an affidavit in the following words:
"Personally appeared before me, the undersigned, a Justice of the Peace, &c. A. B. who, being duly sworn, deposeth and saith, that, by reason of old age, and the consequent loss of memory, he cannot swear positively as to the precise length of his service, but according to the best of his recollection he served not less than the periods mentioned below, and in the following grades; For _____ year _____ months, and _____ days, I served as a _____ For _____ months and _____ days, I served as a _____; and for such service I claim a pension."

It is important in all cases to determine with precision the period for which each applicant served, and the particular rank he held, as the law directs the pension to be paid according to the grade of the pensioner and the length of his service. The use of the phrase about three or four months is too indefinite, and all such qualifying expressions are objectionable. Some persons who apply for pensions merely state they served two years in the militia, &c. without specifying the tours; the names of the officers, and other particulars respecting their service. This form of a declaration is highly objectionable. It must in every case be clearly shewn under what officers the applicant served; the duration of each term of engagement; the particular place or places where the service was performed; that the applicant served with an embodied corps called into service by competent authority; that he was either in the field or in garrison; and for the time during which the service was performed, he was not employed in any civil pursuit.
† QUERE XIV.  Proof of Service.
In a case 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 of the claimants entering the service, and the time and manner of his leaving the same, as well as the regiment, company, and line to which he belonged. The magistrate who may administer the oaths must certify to the credibility of the witnesses, and the official character and signature of the magistrate must be certified by the proper officer, under his seal of office.
‡ QUERE XVI.  Mode of authenticating papers.
In every instance where the certificate of the certifying officer who authenticates the papers is not written on the same sheet of paper which contains the affidavit, or other paper authenticated, the certificate must be attached thereto by a piece of tape or narrow ribbon, the ends of which must pass under the seal of office of the certifying officer, so as to prevent any paper from being improperly attached to the certificate.
¶ In every case where the clerk of the court, or other certifying officer, has no public seal of office, the certificate of a member of congress, proving the official character and signature of the certifying officer, should accompany the papers.

DECLARATION
In order to obtain the benefits of the Act of Congress of 2d February, 1848, entitled "An Act making further provision for surviving Widows and Soldiers of the Revolution."
STATE OF NEW-HAMPSHIRE. }
County of Grafton ss. }
ON THIS fourth day of July 1848 personally appeared before the subscriber, a Justice of the Peace in and for said County, Phila Thayer a resident of Winchester in the County of Grafton aged seventy two years, who, being first duly sworn according to law, doth on her oath make the following declaration, in order to obtain the benefits of the provision made by the Act of Congress, passed on the 2d February, 1848, granting pensions to Widows of persons who served during the Revolutionary War: That she is the Widow of Henry Thayer who was a
Private soldier in the army of the Revolution; what Regiment he served in she does not now recollect. She also declares that she has received under the Act of 17th June A.D. 1844 twenty six dollars & sixty six cents annually
She further declares that she is still a widow.
Attest Henry Kingman Almira Kingman
Phila Thayer mark
Sworn and subscribed on the day and year above written—Before
Henry Kingman Justice of the Peace.
I FURTHER CERTIFY, That the above Declarant is personally known to me.
Henry Kingman Justice of the Peace.
State of New Hampshire.
Grafton COUNTY, ss.
I, Leonard P. Dix Clerk of the Court of Common Pleas  for the  for the County and State aforesaid, do hereby certify that Henry Kingman is a Justice of the Peace in and for said County, duly commissioned and qualified that his commission was dated on the twenty third day of December A.D. 1844 and will expire on the twenty third day of December A.D. 1848 and that his signature above written are in my belief genuine.
Given under my hand, and the seal of said County  Court , this eighteenth day of October A.D. 1848.
Leonard P. Dix CLERK

Oct 23. 48.
Chas. Chapman, Oct 23. 48.
John N. 41137
L. Edwards, Esq. Pension Agent Washington City D. C.

Keene N.H. Oct. 18 1848
Dr Sir
Enclosed is the application of
Phila Thayer
From your Mt. Servant
E. Sanger.
Hon J. L. Edwards