Revolutionary War Pension and Bounty Land Warrant Application File S. 16,320, Dudley Bayley, N. H.

SERVICE
N.H.
or
Bayley, Dudley Bailey.
NUMBER
S. 16.320
CONTENTS
carded.

1686
New Hampshire
Dudley Bayley of Warner, in the State of N H who was a Private in the company commanded by Captain [blank] of the [blank] commanded by Col. Seame in the N H line for 13 Mos 19 Days
Inscribed on the Roll of N H at the rate of $5 Dollars 83 Cents per annum, to commence on the 4th day of March, 1831.
Certificate of Pension issued the 9th day of October 1832, and suit Joseph Chester Concord N H
  Arrears to 4th of Sept 1832  $ 68.14    Semi-ann. allowance ending Mar 30  22.71         $ 90.85  
{ Revolutionary Claim, Act June 7, 1832.
Recorded by J. H. [blank] Clerk Book D. Vol. 1 st Page 143.
W

Beila cap. Bayang
Warner
10.035

DECLARATION.
In order to obtain the benefit of the Act of Congress, passed June 7, 1832.
State of New-Hampshire, } ss. County of Merrimack
On this 28 th day of August 1832, personally appeared in open Court before the Judge of the Court of Probate for said County , now sitting, Dudley Bayley , a resident of Warner in the County of Merrimack and State of N. H. aged 78 years, who being first duly sworn according to law, doth on his oath make the following declaration, in order to obtain the benefit of the Act of Congress, passed June 7, 1832.
That he entered the service of the United States under the following named officers, and served as herein stated—
That he enlisted at Haverhill in the County of Merrimack Rockingham and State of New Hampshire about the month of May 1775 for eight months under Capt. Butcher . Lt. Emerson , in Col. Scamell's Regt of New Hampshire Militia marched directly to Stratford & Winter Hill near Batten and there served the full term of eight months & was honorably dismissed had no written discharge. That he enlisted in Sandown in the State & County aforesaid about the first of July 1777 for two months under Capt. Rummer . Lt. Taylor , in Col. Gregg's Regt New Hampshire Militia and marched directly to Bennington (Vermont) from thence to Bernon's Heights served the two months and honorably dismissed. had no written discharge. That he enlisted at Salem in the State & County aforesaid about the first of July 1780 for three months under Capt. Eastman . Lt. James Webster . Ens. Col. King . Col. Wattles's Regt in N. Hampshire Militia and marched directly to West Point & served there three months out - was there honorably dismissed had no written discharge. That he was born in Haverhill Mass. in the year 1753 & was moved by his father when very young to Atkinson New Hampshire from thence to Salem N.H. from thence to Hampstead in New Hampshire lived there until he entered the service of the U States and since lived in Salem until A.D. 1804. then moved to Warner in County & State aforesaid lived there twenty five years last past and now resides in same place.
He hereby relinquishes every claim whatever to a pension or annuity except the present, and declares that his name is not on the Pension Roll of the Agency of any State.
Dudley Bayley
Sworn to and subscribed, the
We, Alner B. Kelley  Deputy of the State of New Hampshire residing in Concord former of Warner and Daniel Wheeler residing in Sutton hereby certify, that we are well acquainted with Dudley Bayley — — , who has subscribed and sworn to the above declaration ; that we believe him to be — — 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.
Alner B. Kelley
Daniel Wheeler
Sworn and subscribed the day and year above mentioned.
And the said Court do hereby declare their opinion, after the investigation of the matter, and after putting the interrogatories prescribed by the War Department, that the above named applicant was a Revolutionary Soldier, and served as he states. And the Court certifies, that it appears to them that Alner B. Kelley who has signed the preceding certificate, is a resident in the County N.H. — and that Daniel Wheeler , who has also signed the same is a resident in the Fulton N.H. — and are credible persons, and that their statement is entitled to credit. Boswell Stevens Judge of Probate
I, H. B. Chase , Register of the Court of Probate for said County of Merrimack do hereby certify that the foregoing contains the original proceedings of the said Court, in the matter of the application of the said Dudley Bayley for a pension.
In testimony whereof, I have hereunto set my hand and affixed the seal of said Court, this 28 th day of August , A.D. 1832.
H. B. Chase , Register of Probate.

Dudley Bailey
no 10.055-
on Roll bed Brattle Rest kept 2 outmans Leo enlisted 6 July 1780 - served 3 Mo & 19 d
13 Mo & 19 d
6 months
$45.43
J. C. West Concord N. H.

BRIEF in the case of  Andr. Barclay  of Warner in the State of N. Hampshire  (Act 7th June, 1832.)
 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? 77 Years 
4. State his service, as directed in the form annexed.
   Period. Duration of Service. Rank. Names of General and Field Officers under whom he served.   Years, Months, Days.     May In 17 ys " 8 " Private Gen. Hutchinson (P. Scamnell) Col. Gray   July  77 " 2 " " Col. Runnels (Col. Gregg)   July  80 " 3 19 " Col. Hasbrouck (Col. Bartlett)  
 5. In what battles was he engaged? None State  6. Where did he reside when he entered the service? Wentworth N.H.  7. Is his statement supported by living witnesses, by documentary proof, by traditional evidence, by incidental evidence, or by the rolls? Strong witnesses  8. Are the papers defective as to form or authentication? and if so, in what respect? correct 
I Certify that the foregoing statement and the answers agree with the evidence in the case above mentioned.
x as per roll of service
D. H. Adams Examining Clerk

16320 INVALID. ————— ◆ ————— am
File No. 16320
Dudley Bayley Pri Rev War
————— ◆ ————— Act: June 7" 82
Index: — Vol. A , Page 433
[Arrangement of 1870.]

I Moses Emery of Bradford in the County of Merrimack and State of New- Hampshire of Lawfull age testify and say, that in the year 1780. at Nashua in County of Rockingham and State aforesaid I enlisted into the service of the United States for three Months under Capt. Eastman in Col. Bartlett's Regt, in New Hampshire line. Monmouth to West Point in State of New York was then at the time General Sullivant sold the Point to the British and served three Months, and testify and say that Dudley Bailey of Warner in the County and State aforesaid, was then with me as a Soldier and served full three Months, in the same Company and Regt. and under same officers. we were were dismissed together and returned home at same time.
Merrimack
August
1832 } Is }
Moses Emery
Personally appeared the above named Moses Emery the affiant, and made oath that the above affidavit by him subscribed is just and true, — Before me John Raymond Jus. Peace
I certify that the above named Moses Emery is a man of good Character whose statements are entitled to full credit. —
John Raymond Jus. Peace

State of New Hampshire. Secretary's Office August 1. 1832.
I hereby certify that the within named John Raymond is a Justice of the Peace for our County of Merrimack duly constituted and sworn.
In testimony whereof I have hereunto set the Seal of the State. Ralph Metcalf Secretary.

Dudley Bailey
Nov 10, 1855-
J. H. West Concord N.H.

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

 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?  XII. If the clergyman's affidavit has not been produced, is there any reason assigned for not obtaining it?  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?  XIV. †If the applicant has produced a witness or witnesses as to his service, has the magistrate who administered the oath certified that he, she, or they are persons of credibility? Yes  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? Yes  XVI. ‡Are the papers authenticated as the regulations direct? Yes  XVII. Are the seven interrogatories prescribed by the War Department answered satisfactorily? And, if not, which of them is not so answered? Yes 
EXPLANATORY NOTES.
† QUERE V. In a case where the applicant cannot, by reason of the loss of memory, state precisely how long he served, he should amend his declaration by making an affidavit in the following words: "Personally appeared before me, the undersigned, a Justice of the Peace, &c. A. B. who, being duly sworn, deposeth and saith, that, by reason of old age, and the consequent loss of memory, he cannot swear positively as to the precise length of his service, but according to the best of his recollection he served not less than the periods mentioned below, and in the following grades: For _____ year _____ months and _____ days, I served as a _____. For _____ months and _____ days, I served as a _____; and for such service I claim a pension."

It is important in all cases to determine with precision the period for which the 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.
†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 affidavits must be properly authenticated, as above directed.
†QUERE XVI. Mode of authenticating papers.
In every instance where the certificate of the certifying officer who authenticated 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 end 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.

Mr. Ira Putney's Affidavit
Notary Public Brainerd

I Asa Putney of Warner in the county of Merrimack and State of New Hampshire of lawfull age depose and say that there was a call for men to go to Medford in the State of Massachusetts near the birth of Boston - I enlisted into capt Baldwin's company in colonel John Stark's Regiment in the spring of the year A.D. 1775, and went to Medford and staid eight months in Medford and its vicinity, and Dudley Bailey who now lives in Warner was then a soldier there in capt Hutchinson's company in colonel Seammmons or Seammons Regiment and staid as long as I did and served on a private during said term in said company
Asa Putney
State of New Hampshire
Merrimack fr } July 11 th 1832
Personally appearing the above named Asa Putney and made solemn oath that the above affidavit by him subscribed is true -
Before me Benjamin Evans Justice Peace
I hereby certify that the above deposition is entitled to full credit for truth and veracity and sustains a good moral character
Benjamin Evans Justice Peace
State of New Hampshire, Secretary's office July 14. 1832.
I certify that the above named Benjamin Evans is a Justice of the Peace for our County of Merrimack duly constituted and sworn.
In testimony whereof I have hereunto set the seal of said State. Nathaniel Mearcy, Secretary.

I Nathaniel Cheney of Sutton in the county of Merrimack and State of New Hampshire of lawful age depose and say that in the spring of the year A D 17.77 while I was living at Hampstead in said State there was a call for men to go to Bennington in the State of Vermont and that I entered into Capt Runnels Company of Colonel Grays Regiment for two months and that I served the term of two months and more at said Bennington and its vicinity. I further depose and say that Dudley Bailey who now lives in Warner in said State of New Hampshire was there with me and that he belonged to the same Company and the same Regiment that I did and that he served the term of two months according or more according to the best of my recollection -
Nathaniel Cheney
State of New Hampshire
Merrimack ss 3
July 16 th 1832.
Personally appearing the above named Nathaniel Cheney was made solemn oath that the above deposition by him subscribed is true -
Before me Nathan S. Colby Justice of the Peace
This certifies that the above named Nathaniel Cheney is a person of a good moral character and is entitled to full credit
Nathan S Colby Justice of the Peace

State of New Hampshire, Secretary's Office July 16. 1832.
I hereby certify that the within named Nathan S. Colby is a Justice of the Peace for our County of Merrimack, duly con- stituted and sworn.
In testimony whereof I have hereunto the seal of the State. Ralph Metcalf Secretary.
Nathaniel Cheney Deposition for Bailey
Cheney for Bailey