Revolutionary War Pension and Bounty Land Warrant Application File S. 630, Josiah Dey, New Jersey

SERVICE
NUMBER
New Jersey
Deer, Josiah
S. 630.
CONTENTS
Carded.

1.110 4045 14942 New Jersey
Josiah Dey of Middletown in the State of N. Jersey who was a Private in the Company commanded by Captain _____ of the Regt. commanded by Col. Wood in the N. Jersey _____ time for 11 months _____
Inscribed on the Roll of New Jersey at the rate of 36 Dollars 66 Cents per annum, to commence on the 4th day of March, 1831.
Certificate of Pension issued the 8 th day of March 1833 and Supt. S. G. M c Chesney Hightstown, N.J.
Arrears to the 4th of Mar: '33 7 3"32 Semi-ann. allowance ending 4 th Sep '33 18 "33 $91"65
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded by Geo. Wales Clerk, Book E Vol. 3 Page 108

11.110
Josiah Dey -
to cash
Com d
11 mo pri
$36.66
pay

State of New Jersey } Declaration in order to obtain the benefit of the Middlesex County } Act of Congress passed the 7. June 1832.
On this Eleventh day of September Eighteen Hundred and Thirty Two personally appeared in open court held at the regular Term of the Court of Common Pleas in and for the County of Middlesex now sitting in the City of New Brunswick being a Court of Record Josiah Dey a resident of the Township of South Amboy in the said County of Middlesex aged Seventy five years on the 7. day of January last, 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 the 7. day of June 1832, That he entered the service of the United States as a private in the Militia of the State of Pennsylvania and served as herein stated viz. in the year 1778 in the Company commanded by Captain John Wood, under Colonel Joseph Halkbright, and was ordered to drive a team under Captain Daniel Stillwell to take provisions to the American army in the State of New York, and went with the same to Kings-ferry on the North River opposite Haverstraw mountain was engaged in this tour one month and a half, after this went to Monmouth County in the State of New Jersey, and was called into service there in the Company commanded by Captain John Covenhoven under Colonel Samuel Forman, and marched to Monmouth Court-house, and from thence marched to Shrewsbury, Black-point, and sundry other places along the shores of that County to protect the inhabitants from the plundering parties of the Tories and Refugees who had joined the British army, and was called out in the same service and principally for the same purposes one month out of every three for the space of two years, during which time was in the service sometimes at Shrewsbury, Eatontown, Poplar-Island, Black-point, Juniper-point, Coltsneck, Tenton falls and several other places, was a considerable time stationed at Monmouth Court-house to guard the prisoners confined in the Jail to prevent their being liberated by the enemy, and served as one of the guard to remove the prisoners therefrom to the Jail in Burlington County, during these tours was under the above said Captain, and Captains James Craig, John Walter, and some others whose names he has now forgotten, the officers under whom he served being frequently changed as parts of Companies only were called out at times, was out in the service in the County of Monmouth as much as eight months, in the spring of 1780 he moved into Middlesex County, and was called into service in the Company commanded by Capt. Peter Perine under Colonel Neilson he thinks and marched to New Brunswick and was engaged for one Month in guarding the shores from the excursions of the enemy, and after this at the time the Pennsylvania line revolted was called out to Spotwood to prevent the enemy from having intercourse with them this tour lasted two weeks, the foregoing are the most material facts that he now can remember

relating to his services during the Revolutionary War, and of the Officers under whom he served, his memory being very much now impaired owing to age, But he verily believes that he was engaged in the service from first to last in the whole as much as eleven months at least, if not twelve, and this applicant further declares that he has no documentary evidence relating to his services, and he also declares that he has spent considerable time to obtain a witness whereby to prove his actual services, and that he cannot find any now living either Officer or private in the State of New Jersey by whom he can make proof thereof, they being now all dead as he verily believes, and he hereby relinquishes every other claim whatsoever to a pension, or annuity except the present, and he also declares that his name is not on the Pension Roll of the agency of any State.
sworn to, and subscribed in open Court the day and year abovenamed.
Robert McHenry
Joseph Dyer

Interrogatories put by the Court to the foregoing named applicant
1. Where, and in what year were you Born
Answer I was Born in Bucks County in the State of Pennsylvania on the 7. day of January 1757
2. Have you any Record of your age and where is it
Answer my age is Recorded in my Bible, and it is now in my possession
3. Where were you living when called into service, where have you lived since the Revolutionary war, and where do you now live
Answer, in the State of Pennsylvania, I have lived since the Revolutionary war in the counties of Monmouth and Middlesex, and I now reside in the Township of South Amboy in the said County of Middlesex.
4. How were you called into service
Answer, I never was drafted, but went where I was ordered as a volunteer
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 service
Answer, I do not recollect the names of any other officers where I served, or under whom I served, excepting those I have above named, and as for the general circumstances of my services, they are before mentioned in my above declaration
6. did you ever receive a discharge from the service
Answer, no other than a verbal one, at the end of each tour of service
7. State the names of persons to whom you are known in your present neighbourhood, and who can certify as to your character for veracity and their belief of your services as a soldier of the Revolution
Answer I am known to Captain Peter Wilhoff, Captain John Baird, Major Richard Reid, Jacob Wilhoff, Peter Coovenhooven, Joseph Mount, David B. Applegate, William Longstreet, and Samuel Mount were sworn to, and subscribed in
open Court this 11. day of September 1832
Robert McHenry
Josiah Dey

We Symmes C. Henry Pastor of the first Presbyterian Church in the village of Cranbury in the County of Middlesex, and Joseph McChesney of the said County of Middlesex Do
hereby certify that we are well acquainted with Jonah Day who has subscribed, and sworn to the foregoing declaration and believe him to be seventy five years of age or thereabouts, and that he is reputed and believed in the neighbourhood where he resides to have been a soldier in the Revolution, and we concur in that opinion,
sworn to, and subscribed in open Court this 11. day of September 1832 Symmes C. Henry Joseph McChesney 1009
And the said Court do hereby declare their opinion after the investigation of the matter, and after putting the foregoing interrogatories prescribed by the war department that the abovenamed applicant was a soldier, and served as he states, and the Court further certifies that it appears to them that the said Symmes C. Henry who has signed the preceding certificate is a clergyman resident in the in the said County of Middlesex, and that he lives in the immediate vicinity of the said applicant, and that who has also signed his name to the same, is a resident in the said County and is a creditable person, and that their statement is entitled to credit
Robert McChesney
Thos Hance
N. Morrell H. Ford
I F. S. Vanarsdalen Clerk of the Court of Common Pleas in and for the County of Middlesex in the State of New Jersey, do hereby certify that the foregoing contains the original proceedings of the said Court in the matter of the application of
Jonah Day for a pension. In Testimony whereof I have hereunto set my hand and Seal of Office This 17 th day of September 1832. F. S. Vanarsdalen Clerk

11,110 Isiah Day N. J.
adm. S

WAR DEPARTMENT,
Pension Office,
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 shew 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 you return your papers to this Department, send this printed letter with them; and you will, by complying with this request, greatly facilitate the investigation of your claim.
A Statement, shewing the Service of Josiah Day N.J.
   Period when the service was rendered. Duration of the claimant's service. Rank of the claimant. Names and Rank of the Company officers under whom he served. Names and Rank of the General and Field officers. Battles in which the applicant was engaged. Country through which he marched. Place of abode when he entered the service, and age at the present period. Evidence by which the declaration is supported.   Years. Months. Days.     1778 Ent. 1 15 Private 6th or Pennsylvania Key Stone Battery Wood Hickbright Kings Bridge born and entered service about 60 D. a live now in South Amboy N.J.   "Called out every space of two was out was in service as much as a 11. or 12 months" 2 8 Three months for the 6th New Jersey Battery and other Monmouth County The Certificate of a Clergyman and Citizen  
I am, respectfully,
Your obedient servant,
J. L. EDWARDS,
Commissioner of Pensions.

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 of the law, as well as persons who turned out as patrols, or were engaged in guarding particular places at night, and were not recognized as being in actual military service.
Four general classes of cases are embraced in this law:
1. The Regular Troops. 2. The State Troops. Militia, and Volunteers. 3. Persons employed in the Naval service. 4. Indian Spies.
As rolls of the regular troops in the Revolutionary War exist in this Department, all persons, claiming the benefit of this law as officers, non-commissioned officers, musicians or privates, will in the first instance, 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 } ss. County of }
On this _____ day of _____ personally appeared (a) before A. B. a resident (b) of _____ in the county of _____ and State, Territory or District of _____ aged (c) _____ years, who being first duly sworn, according to law, doth on his oath make the following declaration, in order to obtain the benefit of the 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) _____, with _____ and served in the _____ (e) regiment of the _____ 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 _____
Sworn to and subscribed the day and year aforesaid.
A. B.
[And then will follow the certificate of the Court.]
And the said Court do hereby declare their opinion (g) that the above named applicant was a revolutionary soldier, and served as he states.
I do hereby certify (h) that the foregoing contains the original proceedings of the said Court in the matter of the application of _____ for a pension.
In testimony whereof I have hereunto set my hand and seal of office (i) this day of _____ &c.
If, on examination of the proper record the names of applicants, making such declaration, cannot be found, they will produce such proof as the rule given in note (j) points out.
Every applicant who claims a pension by virtue of service in the State Troops, Volunteers or Militia, except those who belonged to the New Hampshire Militia and State Troops of Virginia, will make and subscribe a declaration similar to the foregoing, with the following additions, viz:
(k) We, A. B., a Clergyman, residing in the _____ and C. D. residing in (the same) _____, 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.
Sworn and subscribed the day and year aforesaid.
[And then will follow the certificate of the Court.]
And the said Court do hereby declare their opinion, after the investigation of 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 further certifies, that it appears to them that A. B. who has signed the preceding certificate is a clergyman, resident in the
who has signed the preceding certificate is a clergyman, resident in the and that C. D., who has also signed the same is a resident in the and is a credible person, and that their statement is entitled to credit.
I, _____ Clerk of the Court of _____ do hereby certify that the foregoing contains the original proceedings of the said Court, in the matter of the application of _____ for a pension.
In testimony whereof, I have hereunto set my hand and seal of office, this _____ day of _____ &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

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 traditional 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 must 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 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 , 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 shown 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.
[f] The law makes the relinquishment indispensable.
[g] The opinion of the Court is always required.
[h] The Clerk must give his certificate in every case.
[i] The Clerk must affix his seal, and if it has no device or inscription by which it can be distinguished from any other seal, or if he 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.
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 must 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 of 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.
Note [j] applies to continental troops only. The notes from [a] to [e] are all equally applicable to the cases of Militia men, Volunteers and State Troops. The proof required by rule in
[k] This traditional 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.

New Clair
INVALID.
and
File No.
630
Josiah Dyer No. V. G. Lane
Act:
June 7, 1832.
Index:—Vol.
2
, Page
88
[Arrangement of 1870.]