Revolutionary War Pension and Bounty Land Warrant Application File W. 915, Philip Day, N.C.

SERVICE
N. 6.
Day Philip Mary
NUMBER
W. 915
CONTENTS

let 1 Feb 1849 A. Penguin. do to Hon W.B. Campbell Feb 24. 1840. (Dead) Lit to 3 rd Aud. Aug 10. 1843.
Dead Paid at the Treasury under the Act of the 6. April 1838, from 4 th March 1836 to 1 May 1839. Agt notification 30. Sep 1844
led led rk,

Tennessee 4235
Mary Day
widow of Philip Day, deceased,
who was a pensioner under the Act of 1832 — and who died on the 9 Sept 1834 — of Smith Co in the State of Tennessee who was a private in the com command by Captain White of the regt command by Col Saunders in the N.C. Milia- line for 8 months
Inscribed on the Roll of Nashville at the rate of 26 Dollars 66 Cents per annu- to commence on the 4th day of March, 1836.
Certificate of Pension issued the 20 day of Sept 1839 sent to Col William Martin Dixon's Spring, Tenn.
Arrears to the 4th of Sept 1839 $ 93.33 Semi-annual allowance ending 4 Mar 40 13.33
$106 66
{ Act July 7. 1838.
Recorded by D.M.C. Hardy, Clerk Book A. Vol. 2, Page 206.

Dec 1st to April 1839 to A. Ferguson
unded
unded
num,
ett
1 n, } 2. }
erk,

West Tennessee
Philip Day
of Smith Co. in the State of Tennessee who was a private in the Company comm. by Captain White of the Regt comm. by Col Saunders on the N. & W. mile line for 8 months in 1778.
Inscribed on the Roll of W. Tennessee at the rate of 26. Dollars 66 Cents per an to commence on the 4th day of March, 1831.
Certificate of Pension issued the 14 day of Oct 1833 and sent to J. Park Carthage Ten.
Arrears to the 4th of Sep 33 $ 66.66 Semi-ant. allowance ending March 34 13.33
$ 80.00
{ Revolutionary Claim Act June 7, 1832
Recorded by Wm Allison Clerk
Book 8 Vol. 7 Page 76

TREASURY DEPARTMENT, SECOND COMPTROLLER'S OFFICE,
August 12 th , 1843.
Sir:
Under the act of the 6th of April, 1838, entitled "An Act directing the transfer of money remaining unclaimed by certain Pensioners, and authorizing the payment of the same at the Treasury of the United States," and the 3d section of the Act of August 23, 1842, extending the time within which pensioners may receive their pensions from the pension agents, The adm. rs of Mary Bay, dec d , a Pensioner on the Roll of the Nashville, Ten. Agency, at the rate of Twenty Six Dollars and 66 Cents per annum, under the law of the 7 th July 1838, has been paid at this Department, from the 4 th of March 1836, to the 1 st May 1839.
Respectfully, yours,
J. Wilson B. Harris
Comptroller.
To the COMMISSIONER OF PENSIONS, Present.

State of Tennessee Smith County
On this day personally appeared Henry S Day before me Nelson Thornton one of the acting Justices of the peace in and for the county aforesaid and made oath in due form of law that the annexed record of the marriage of his father and mother Philip Day and Mary Day together with the ages of their children was cut out of the family bible in his presence That it was in his mother's possession when it was cut out That the annexed record is in the genuine handwriting of his father and was preserved by himself and his mother up to the time it was cut.
That his mother is now dead She died on the first day of May last 1889 and that up to her death she had not remar- ried but continued the widow of the said Philip Day his father. I am also acquainted with Mrs Janet McMurtry my mother's sister She is a woman of respectability and truth and full faith and credit are due and of right ought to be given to her statements
Sworn to and subscribed before me this 14th day of August 1889
N Thornton Seal Justice of Smith County
Henry S Day Mark
I Nelson Thornton one of the acting Justices of the Peace in and for said county hereby certify that I am well acquainted with John McMurtry who has made the foregoing affidavit that he is a man of truth and veracity and full faith and credit are due his statement this 14th August 1889
N Thornton & P

State of Tennessee Smith County I John I Burnett clerk of Smith County Court, hereby certify that a Plea Thornton before whom the foregoing affidavits of John McCreary and Henry L Day was made was at the time the same purports to bear date and now is one of the acting Justices of the Pleas in and for said Smith County duly Commissioned and qualified as the law directs, and that the foregoing Signatures purporting to be his are genuine.
3365
In Witness whereof I have hereunto set my hand and affixed the seal of said Court at office the 14 th August 1839 John I Burnett clerk of Smith County Court
State of Tennessee Smith County I John I Burnett clerk of Smith County Court hereby certify that Charles McCreary before whom the foregoing proceedings were had was at the time the same purports to bear date and now is one of the acting Justices of the Pleas in and for said Smith County duly Commissioned and qualified as the law directs, and that full faith and credit are due to his official acts, and that the foregoing Signatures purporting to be his are genuine.
In Witness whereof I have hereunto set my hand and affixed the seal of said Court at office the 15 th day of November 1838 John I Burnett clerk of Smith County Court

State of Tennessee
Smith County
I Charles McMurtry one of the acting Justices of the Peace in and for the county of said Smith hereby certify that I am well acquainted with Benjamin Douglass who has this day made the foregoing affidavit before me that he is a man of respectability and truth and that full faith and credit are due and of right ought to be given to his statements
Given under my hand and Seal this 17th day of October 1838
Charles McMurtry (Seal) Justice of the Peace
State of Tennessee
Smith County
on this day personally appeared John McMurtry before me Nelson Thornton one of the acting Justices of the Peace in and for said county and made oath in due form of law that he is well acquainted with Henry S Day who has made the affidavit hereto annexed that he is a man of truth and veracity and full faith and credit are due his statements
Sworn to and subscribed before me this 14th day of August 1839
N. Thornton Seal
Justice for Smith County

State of Tennessee
Smith County
On this day personally appeared Benjamin Douglass before me Charles M c Murry one of the acting Justices of the Peace in and for the County aforesaid and made oath in due form of law that he was an acting Justice of the Peace in Pickett County North Carolina and celebrated the rights of matrimony between Philip Day and his wife Mary. They were married on the 21 st day of March Seventeen hundred and ninety three. They were married legally by license from the clerk of the court as directed by law. This affiant recollects the particulars and knows that Mary Day is his lawful Widow.
Sworn to and subscribed before me this 17 th day of October 1888
Charles M c Murry (Seal) Justice of the Peace
B Douglass

Philip Day married Mary Douglass March the 21 st 1793 —
Sarah Day 1 Daughter born January 13 th 1794 —
Thomas B Day 1 son born April the 11 th 1795 —
Jenny Day 2 Daughter born December the 5 th 1796
Bethlehem Day 3 Daugh- ter born April the 26 th 1798
John D Day 2 son born February 3 rd 1800 —

Henry Day 3 Son born November the 1 st 1801 - William Day 4 Son born August the 27 th 1803 - Mary Day 4 Daughter born August 27 th 1805 Henry Day 5 Daughter born August the 1 st 1807 Franklin B Day 5 Son born July the 5 th 1809 Philip Day 6 Son born August the 18 th 1811 -

Phillip Day was born April the 16 th 1762 and married March the 21 st to Mary Douglass a daughter of John Douglass on hico in Person County State of North Carolina being both born and raised in the same County my wife was born May the 17 th 1792 an Sunday morning.

4. Siglith Wakus Day the 6 Dater thru our Long one 1 thoup Bar Wos learn Schlenker the ————— 10 D
Samuel Day

No 12399.
Phillip Ray Smith vs Sanders
from 1778 private 8 months 14 $ 26 \frac{66}{100}
J. Pickett Cartney Tennessee Tenn. 26. Feb. 1833.

BRIEF in the case of Phillip Day —  of Smith County in the State of Tennessee.  (Act 7th June, 1832.)
 1. Was the declaration made before a Court or a Judge? a Court.  2. If before a Judge, does it appear that the applicant is disabled by bodily infirmity?  3. How old is he? 70 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. As a Gen.     In 17 78. ~ 5. ~ private. Capt Wm White Col. Jas Saunders.   1780 — ~ 3 ~ do. Capt Spilman Coleman Col. Thos Farmer.  
 5. In what battles was he engaged? —  6. Where did he reside when he entered the service? Coastville County, North Carolina.  7. Is his statement supported by living witnesses, by documentary proof, by traditional evidence, by incidental evidence, or by the rolls? First tour proven by Wm Jones & John Knight — Traditional evidence for other tour —  8. Are the papers defective as to form or authentication? and if so, in what respect? No. 
X  Certify that the foregoing statement and the answers agree with the evidence in the case above mentioned.
R. H. Pleasants Examining Clerk.

State of Tennessee
Smith County Court, August Term A. D. 1832
On this 28 day of August 1832, personally appeared in open court, before John Chambers, William C. Garrison, Holman Justice of the county court of Smith, now sitting, Phillips Day, a resident of the county of Smith afore-mentioned, aged sixty years old last April, 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 th 1832.
That he entered the service of the United States when a citizen of Caswell County State of North Carolina in the year 1778 on a term of five months with the Militia from said County. That himself and one Richard Parker of Caswell County was drafted to take the place of two men who was taken sick about the first of the Regiment marching; that they marched from home to Hillsboro and from thence to Puryburg, or Smoky Camp (which place is not particularly recollects at this distance of time) where we joined the Regiment, then commanded by Col James Saunders of Caswell County, the other field officers was Major George Mason & Major Thomas Harrison; and was attached to Capt. Williams White's Company; the Regiment remained in South Carolina until the expiration of our term of five months. Was in no engagement. Was discharged in South Carolina, and the discharge was written & signed by Col. Spurlock; The discharge was taken possession of by Richard Parker and put by said Parker in his Pocket Book with his own and Francis Days, and has not been seen since by the applicant. He further states that William

Jones & John Knight both citizens of Smith County, was soldiers & served in the same tour of five months with the applicant, and can testify to the same.
He further states that in the year 1780, there was a call for men to serve a tour of three months in the state of North Carolina; The applicant was then a citizen of Caswell County North Carolina, and volunteered his services for said tour, and was attached to Captain Spelman Colemans Company and was commanded by Col Thomas Harmer, and Major Archibald Murfree, and was afterwards joined by Major Sharp of the continental line. The Regiment rendezvoused as well as recollected at Guilford Court House, and marched from thence to Batts ford on the Catawba River; Was at Batts ford at the time of the engagement at Cowans ford three miles below, where Gen. Davidson commanded, and was killed by the British in the engagement; Was in a skirmish the same day at the Widow Tarens, where the american forces had to give way being out numbered; Tarleton commanded the British forces on both occasions: Marched from there to Salisbury; was in no other engagements. Was discharged in Caswell County verbally, The Captain being sick no written discharge was given. Knows of no person in this part of the country by whom he can prove his services this tour.
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.
Sworn to, and subscribed, the day and year aforesaid.
J. Bickell att
Phillip Day
We Miles West a clergyman, residing in the county of Smith and John Knight residing in the same do hereby certify that we are well acquainted with Phillip Day, who has subscribed and sworn to the above declaration; that we believe him to be seventy years of age; that he is reputed and believed, in the neighbourhood where he resides, to have been a soldier of the revolution, and that we concur in that opinion.
Sworn to, and subscribed, the day and year aforesaid.
J. Bickell att
Miles West John Knight
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 stated.
And the court further certifies, that it appears to them that Miles West who has signed the preceding certificate, is a clergyman, resident in the county of Smith, and that John Knight who has also signed the same is a resident of the same county, and a credible person, and that their statements is entitled to credit.
John Chamley Chairman of Smith County Court

State of Tennessee, Smith County } This day being the 28 th day of August 1832 William Jones & John Knight citizens of the county of Smith personally appeared in open court, and being first duly sworn, according to law, States that they was in the service of the united during the revolutionary war in the town of five months with Philip Day as spoken of by him in the within declaration, and that from their acquaintance with him since have no hesitation in saying that they believe that he served the whole time, as specified, in the within declaration. Sworn to, and subscribed, in open court, the day and year aforesaid.
John Knight William Jones
Entered in open Court 28 August 1832 J. Pickett CLK
State of Tennessee } I Jonathan Pickett Clerk of the Smith County } Court of Pleas and Quarter Sessions for said County, do hereby certify that the foregoing contains the original proceedings of said Court in the matter of the application of Philip Day for a pension.
In Testimony Whereof I have hereunto set my hand and affixed the seal of said Court at office in Cordova this 14 th day of September 1832 and 57 th year of our Lordship. J. Pickett CLK

State of Tennessee Smith County
On this 10th day of September 1838 personally appeared before me Charles M c Murry one of the acting Justices of the Peace in and for the county aforesaid Mary Day a resident of Smith County and State of Tennessee aged sixty 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 the act of Congress passed July 17th 1838 entitled "an act granting half pay and Pensions to certain Widows" That she is the Widow of Philip Day who was a Pensioner of the United States and drew his Pension in Nashville State of Tennessee and was a resident of Smith County to the day of his death. She further declares that she was married to the said Philip Day — on the 21st March Day of March in the year Seventeen hundred and ninety three That her husband the aforesaid Philip Day ... died on the 9th day of September 1838 That she was not married to him prior to his leaving the Service but married to him previous to the first day of January Seventeen hundred and ninety four namely at the time above stated She further declares that she cannot through bodily infirmity attend at the court house to make this declaration in open court
Sworn to and subscribed before me this 10th day of September 1838
I further certify that the date "10th" above was altered in my presence before the same was sworn to or signed by the applicant
Charles M c Murry Justice of said County
Mary Day her mark

State of Tennessee
Smith County
On this Day personally appeared Janet Mc Murry aged 67 years before me Charles Mc Murry one of the acting Justices of the Peace in and for the county aforesaid and made oath in due form of law That she is Sister to Mrs Day the within named applicant for a Pension That she well recollects all about the marriage of Mary Douglas  the  now with Philip Day they were married at her father's by Benjamin Douglas a Justice of the Peace in Person  Graveside County North Carolina on the 21st Day of March 1793 Philip Day was a Pensioner of the United States at the time of his death and died in Smith County on the 9th Day of September 1834 his widow is a close neighbor to this applicant. She therefore feels great freedom in saying that the marriage was a legal one she saw them married at the above named Period and further this deponent is advised it is not material for her to say
Sworn to and Subscribed before me this 10th
Day of September 1838
The words Mary Douglas interlined
before the same was signed and in I certify her
my presence also the word "her" under
and I certify the same also the word
"Pension" interlined in stead of "Graveside"
Charles Mc Murry (Seal)
Justice of the Peace

State of Tennessee Smith County
On this thirtieth day of March, One thousand eight hundred and thirty nine, personally appeared before the undersigned, an acting Justice of the peace, in and for the County aforesaid, Mary Day, a resident of the said County of Smith, aged sixty 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 the act of Congress, passed July 7 th 1838, entitled "An act Granting half pay and Pensions to Certain widows": That she is the widow of Philip Day, who was a private Volunteer Soldier, in the army of the revolution; - he being the identical Philip Day, who was a Pensioner of the United States, and whose name was on the Pension Roll or Books, at Nashville, Tennessee, all of which will appear, by referring to the papers in the War Department.
She further declares that she was married to the said Philip Day, on the 21 st day of March 1793; and that her husband the aforesaid Philip Day, died on the 9 th day of September 1834; - that she was not married to him prior to his leaving the service, but the marriage took place, previous to the first of January Seventeen hundred and ninety four, to wit, at the time above stated, and, further, that she still remains the widow of the said Philip Day.
She further declares, that her husband, the said Philip Day, was a citizen of the County of Smith aforesaid, at the time he became a United States Pensioner as above, and that he continued to reside in said County, until he died: - That the amount of pension, to which the said Philip Day was entitled, she thinks, was twenty six dollars, or between twenty six and twenty seven dollars annually.
Sworn to and subscribed on the day and year above written, before me
Charles M c Murry (Seal) Justice of the peace
her Mary X Day mark.

State of Tennessee Smith County
On this the thirtieth day of March 1839 - before the subscriber an acting justice of the peace, in and for the county aforesaid personally appeared Jennett McMurry, a citizen of said county, who after being duly sworn according to law, deposes and says, that she is well acquainted with Mary Day, named in the foregoing declaration, having lived a near neighbor to her for about forty one years past: - That she was present at the marriage of the said Mary Day, with her late hus- -band Philip Day, (who is also named in the declaration aforesaid), and that they were married at the time therein set forth, to wit, on the 21 st day of March 1793: - That she was present at the time the said Philip Day died, and that it was on the 9 th day of September 1834: - And further, that the said Mary Day has not since married, but remains the widow of the said Philip Day, that she is now sixty eight years old, and is sister to said Mary Day. Jennett McMurry mark. Sworn to and subscribed before me, the day and year first above written
Charles M c . Murry Justice of the peace
State of Tennessee Smith County
Be it known, that I Charles M c Murry an acting justice of the peace in and for the county of Smith aforesaid, am well acquainted with Mrs Mary Day now applying for pension, and whose name appears in the foregoing declaration, and that she is a woman of respectability and credibility, and that I am also well acquainted with Mrs Jennett McMurry whose name appears to the above affidavit, and that she also, is a woman of respectability and credibility: And that they both, are entitled to the fullest confidence upon their oaths.
Given under my hand and seal the 30 th day of March 1839.
Charles M c . Murry

State of Tennessee Smith County.
Be it known, that I, Charles McMurtry an acting justice of the peace for said county, and whose name appears to the foregoing Certificate do do further certify, that the said Mary Day the applicant for a pension, is unable to attend court, being at this time confined to her bed by sickness, and has been so confined, for about four weeks last past. This I know of my own personal knowledge. I make this Certificate of her inability to attend court, having omitted to do so in the former Certificate.
Given under my hands and seal, the 30th of March 1839
Charles McMurtry (Seal)
Sir
Carthage April 1 st 1839-
I am well acquainted with the character of Mrs Mary Day the above applicant for a pension & also with that of Mrs. Ernest McMurtry who has signed the above affidavit, and can assure you that they are both very respectable persons and entitled to full credit. you will please enclose the certificate, to Col William Martin, at Dixons Springs, Tennessee, - He has superintended the drawing of this declaration, and will see that the Pensioner gets the benefit of the pension allowed, without imposition.
W T Blamfield
Col J. L. Edwards Commissioner of Pensions

Brigant Spring. Sta of Capt 1839
Commissioners of Pensions Sir
Some time ago, Adam Ferguson, contracted with Mrs. Day, the present applicant for pension, to procure it for half-pension widow etc.
When I heard of this, I advised her to discover
what he had done, & make out another set of papers.
Which she has done herewith.
Now perhaps Ferguson may send on the other set of papers, this may explain why two sets are sent on the same claim. Mrs. Day is of high respectability, is my neighbor & friend.
Ferguson has defrauded many pension widows in this way.
Respectfully
Wm Martin
Ms. A. 9. 2. 30. 51 Wm Martin
State of Tennessee Smith County.
I John S. Burnett clerk of the County Court of said Smith County, hereby certify that Charles W. Gray, before whom the foregoing declarations of Mary Day, and the affidavits of Jennett W. Gray were made, was at the time the same purported to bear date, now is one of the acting Justices of the year in and for said Smith County duly Commissioned and qualified as the law directs, and the foregoing signatures purporting to be his are genuine.
In Testimony whereof I have hereunto set my hand and affixed the seal of said Court, at office in Carthage the 9th Day of April 1839
John S. Burnett clerk of Smith County Court.

BRIEF objections to the admission of Pension Claims , of which those answered in the negative, in red ink, will apply to the claim of Phillip Day 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? Yes.
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? Living witness, important.
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? Yes important.
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? Shown in the Court No. not certified by the court.
Has the proper officer certified to the official character and signature of the magistrate as the regulations direct?
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 except No. 1. & 2.
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 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.
† 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.

No 399

Yorres to in Aprm Cant 28 August 1832
J. Bullough
[Faint, mostly illegible cursive text, likely bleed-through from the reverse side of the page]

I William Martin residing in Smith County Tennessee have been acquainted with Philip Day in the County and State aforesaid who is now making application for a Pension under the provisions of an act of Congress of 11 th June 1832 do certify that I have been acquainted with the s d Philip Day for more than thirty years during which we have lived near neighbors where the said acquaintance has been intimate and cordial of from the first of which until now I have frequently heard him speak of his having been a Soldier of the Revolution. it was a subject which he appeared to delight in, he has frequently spoke of having performed a tour of five months service, mostly in the State of South Carolina, and other services to the South, particularly in the retreating army under Genl. Greene Before Cornwallis in the year 1781. I have no hesitation to say that I believe the s d Philip Day is a man of as much creditability as any other. that he has always been reputed in the neighborhood, as a Soldier of the Revolution. I believe his declaration of his service accompanying this is true in all its parts Wm Martin

State of Tennessee Smith County
I Charles Mc Murry one of the acting Justices of the Peace in and for the county aforesaid hereby certify that I am well acquainted with Mary Day the applicant for a Pension who has this day appeared before me to make the foregoing Declaration That she is a woman of truth and veracity and that full faith and credit are due to her statements I further certify that she is unable to attend at the court house to make the Declaration in open court
In testimony whereof I have hereunto set my hand and affixed my seal this 10th day of September 1838 Charles Mc Murry Seal

Carthage Tennessee 10 th November 1838
Sir I herewith inclose to you the Declaration and proof in the case of Mary Day for a Pension under act of July 7 th 1838 The claim is a genuine one and upon reference to the papers I am of opinion you will find them correct and the proof sufficient for you to allow the claim. I therefore need not give you any further comment upon the merits of the claim; as the papers will speak for themselves. Should you find all things satisfactory you will please send on the certificate as soon as convenient Respectfully
A. Hargreaves
James L. Edwards Esq. Commissioner of Pensions

Many Days Pennepe
Suspended
let. 6 Augt 38 Ed. W. Martin
Act July 1838

Mary Day - wid Philip - Linn ad 7 Feb 38 No 4235 LSP June 4 th 55

Rev WIDOW, &c.
File No. 915
Mary Day
Widow
Philip Day
Prin. J. M. Cox. Jr.
Act: July 7 th 1838
Index: Vol. 14 , Page 166
[Arrangement of 1870.]

Philip Day W. Jew. Act of June 1832 to what time paid? Rev. Office. April 6. 1839
p to 4 Sep 1834 214

Carthago Tennessee 14 th August 1889
Sir
Inclosed you will find the papers in the case of Mary Day and the proof made out fully as was directed by your letter of the 8 th of April last. I am induced to believe that ample proof has now been furnished to establish this claim. I am by the heirs to instructed to ask your early attention to the allowance of this claim With all possible respect I am yours &c
James L. Edwards Esq.      A. H. G. Wilson Commissioner of Pensions

admitted
P. 8 m p 26. 66 100
died 9 th Sep 1839
At 7 July 1838
Col. William Martin Dixon's Springs Tex.

Feb. 1840
James L. Edwards Esq. Commissioner of Pensions Washington
James L. Edwards Esq. Commissioner of Pensions Washington

Y 25
From G. J.
James L. Edwards Esq. Commissioner of Pensions Washington

Carthage Tennessee 17 th January 1840
Dear Sir
It has been some months since the claim of Mrs Mary Day Widow of Philip Day was transmitted to you with the amendments required by you in your letter of the 18 th April 1839 last. The amendments were I have no doubt sufficient to establish the claim and as I have never received any report about it since and as the heirs make frequent enquiries about it I deem it my duty to call your attention to it and if it has been allowed to transmit the certificate as early a day as your convenience will admit
With great Respect I am yours truly A. Hergroson
James L Edwards Esq Commissioner of Pensions Washington

State of Tennessee } Court of Pleas & Quarter Smith County } Sessions for said County 1833 August term 1833
This day personally appeared in open court & by way of amendment to his declaration for a pension under the act of congress passed 7 day of June 1832 says that in answer to the "Brief objections to the admission of his Pension claim" accompanying his original declaration sent back from the war department showing that the 1 & 2 interrogatories prescribed by the war department had not in his said original declaration, been fully answered, he says in answer to said interrogatories - that he the said applicant has the the record of his age set down in his family Bible, & that the same is in his own possession at home
Sworn to & subscribed in open court this 26th day of August 1833
J. Pickett Clerk
Phil. D. [unintelligible]
And the said court do hereby declare their opinion after the investigation of the matter & after putting the interrogatories prescribed by the war department - that the above applicant was a revolutionary soldier & served as he states; & the court further certify that it appears to them whose names appear to one of the foregoing certificates that Miles West, is a clergyman, resident in said county & that John Knight, William Jones & William Martin whose names are also affixed to the preceding certificates are also resident citizens of said county & that their statements are entitled to full faith & credit
John Chambers Chairman of Smith County Court Solo, Abdo. Associate Crown Whitley Justices

State of Tennessee 3 S Jonathan Pickett Clerk of the Court of Pleas and Quarter Sessions Clerk of the Court of Pleas and Quarter Sessions for said County do hereby certify that the pursuant to the proceedings of said Court in the matter of the amended de claration of Phillip Day, an applicant for a pension.
In testimony whereof I have hereunto set my hand and affixed the seal of said Court at office in Wartrace this 16th day of September 1833 and 58th year of our Independence.
J. Pickett Clerk

Payments to be made at Nashville by the Pres ts N. & B. Bank Agent for paying Pension- ers, in the Agency of W. Tennessee
Recorded in the Pension Of- fice, in Book C. Vol. 7 Page 76 by Wm. Allison Clerk.

WAR DEPARTMENT.
REVOLUTIONARY CLAIM.
I certify that, in conformity with the law of the United States of the 7th June, 1832, Philip Day of the Agency of West Tennessee who was a private in the Army of the Revolution is entitled to receive Twenty six — dollars and Sixty six cents per annum, during his natural life, commencing on the 4th of March, 1831, and payable semi-annually on the 4th of March, and 4th of September, in every year.
Given at the War Office of the United States, this fourteenth day of October one thousand eight hundred and thirty-three
Secretary of War.
Examined and Countersigned. }
acting
Commissioner of Pensions.