Revolutionary War Pension and Bounty Land Warrant Application File W. 19153, Justin Day, Mass

SERVICE
NUMBER
Mass
Day, Justin Rhoda
W. 19153
CONTENTS

Date of death not on AB-

Albany 2774
Rhoda Day
widow of Justin Day
Mas
who was a pensioner under the Act of March 1828 and who died on the 6. March 1828 of Franklin Co. in the State of N. York who was a Corporal in the _____ commanded by Captain _____ of the Reg't commanded by Col. Greateon in the Mass. line for 15 months
Inscribed on the Roll of Albany at the rate of 55 Dollars _____ Cents per annum, to commence on the 4th day of March, 1836.
Certificate of Pension issued the 13 th day of May 1839 and sent to Asa Haskell Malone, N. Y.
Arrears to the 4th of March '39 165.00 Semi-annual allowance ending 4. Sps. 27.50
$192.50
{ Act July 7, } 1838.
Recorded by D. Brown Book A. Vol. 2. Page 74
Clerk

Notification sent Nov. 17 th 1820 to Mrs Wheeler, Malone N.Y.

13,671 New York
Justin Day
of Chautauqua in the state of New York who was a Corporal in the regiment commanded by Colonel Grooton of the Massachusetts line, for the term of 1 year & 3 months 1777-
Inscribed on the Roll of New York at the rate of 8 Dollars per month, to commence the 29 th of April 1818
Certificate of Pension issued the 24 th of June 1819 and sent to Asa Hascall Esqr. agent
Malone New York
Arrears to 4th of Mar: 1819. . . . $ 81. 56 semi-ann. all'ce ending 4 Sep 1819. 48.
10 mo 2/30 4/31 $139.56
{ Revolutionary claim, } { Act 18th March, 1818. }
Continue

State of New York Franklin County ss. William G. Roberts of the Town of Chateaugay in the County of Franklin being sworn saith that he is well acquainted with Justin Day the applicant for a pension in the annexed Declaration & Certificate named and also with his pecuniary circumstances and this Deponent further saith that the said Justin Day is poor and in reduced circumstances and as this Deponent very believes the said Justin Day stands in need of assistance from his country for support and that by reason of age & infirmity he is unable to labor.
Sworn the 26 th day of April 1819 Before me
William G. Roberts Conr Andrew Judge
And I the said Conr Andrew Esquire Judge of the Court of Common Pleas in and for the County of Franklin do hereby certify that on this twenty sixth day of April 1819 the above named William G. Roberts who is to me well known personally appeared before me and then there subscribed to the above Declaration & Certificate to the above Depo- -sition and I further certify that it appears to my satisfaction as well by the above affidavit as otherwise that the said Justin Day whose application is hereto annexed by reason of his reduced circumstances in life stands in need of assistance from his country for support.
Conr Andrew Judge

State of New York } ss I Asa Wheeler Clerk of Franklin County } the County of Franklin in the State of New York do certify that Leon Andrews Esquire before whom the within Deposition was taken and who subscribed the within Certificate was at the date thereof and still is one of the Judges of the Court of Common Pleas within and for the said County of Franklin duly commissioned & sworn and acting in that capacity and that the within signatures are of his own proper hand writing.
In testimony whereof I have hereunto attached my name & affixed the Seal of the said County this eighth Day of May A.D. 1814
Asa Wheeler Clerk By Thos. K. Tomlinson Dep.

Justin Day's, Corp. application & proof for a Pension!
Col. Greateon's Massach. Regt.
2 years service
1777  to  1778
29 April 1810 -
second quarter.
1777 - to 1778 1 yr 3 mo
Oliver Co
see Capt. Hovey's Co.
The certificate of the Judge who issued cert- Admitted. in presence of the Plaintiff
Asa Hascall, agent, Malone, N.Y.

State of New York Franklin county ss.
On this twenty ninth day of April in the year of our Lord one thousand eight hundred and Eighteen before me the subscriber, one of the judges of the court of Common Pleas for Franklin County in the State of New York, personally appeared Justin Day aged sixty two years, who being by me first duly sworn according to law, doth, on his oath, make the following declaration, in order to obtain the provision made by the late act of Congress, entitled "an act to provide for certain persons engaged in the land and naval service of the United States in the Revolutionary war": That he the said Justin Day is a native of the town of Springfield in the State of Massachusetts, and now a resident of the town of Chateaugay in the County of Franklin in the State of New York; that he the said Justin Day on or about the last of February one thousand seven hundred and seventy six at Sunderland in the State of Massachusetts enlisted into the service of the United States against the common enemy for the term of one year, as a private in the company commanded by Capt. Josiah Lyman in the Regiment commanded by Colonel Porter; that he soon after marched with his company & Regiment from said Sunderland to Siconaugo, from thence to Lumbere, from thence back to Mont Independence, and from thence to the State of New Jersey, and after serving out his said term of one year as a private soldier he was regularly discharged, but at what place he the said Justin Day does not now remember; that he received a written discharge, which is now lost or mislaid; that he the said Justin Day on or about the first of March one thousand seven hundred and seventy seven at Springfield in the State of Massachusetts enlisted into a company commanded by

Capt. Slemon in the Regiment commanded by Colonel Grayton in the Massa Chusetts line in the war of the Revolution as a Sargent for the term of three years that immediately after he the said Justin was taken sick, and continued at said Springfield sick for about three months, when he joined his company and Regiment near the place called Half Moon in the State of New York, and found his place as a Sargent filled, and was then by order of Colonel Grayton transferred to the band of Music belonging to the said Regiment where he the said Justin Day served as musi- cian for the residue of his said term of three years, and after the said term of three years had expired he the said Justin Day was regularly discharged near West Point and received a writ- ten discharge which is now lost or mislaid and not in the power of him the said Justin to produce and that he the said Justin Day is in reduced cir- cumstances and stands in need of the assistance of his country for support; and that he has now no other evidence in his power of his said services.
Sworn to and declared and subscribed this 29th day of April 1818 before me
Justin Day his X Mark
Leone Andrus Judge
I, Leone Andrus Judge as aforesaid do certify that it appears to my satisfaction that the said Justin Day did serve in the Revolutionary war, as stated in the preceding declaration, against the common enemy: and I now transmit the proceedings and testimony taken and had before me, to the Secretary for the department of war, pursuant to the directions of the aforesaid act.
Witness my hand this 29th day of April 1818 Leone Andrus Judge

State of New York Franklin County ss.
I Asa Wheeler Clerk of said County do hereby certify that Comr. Francis O'Squire before whom the Affe. deavit above, was made, & who made the foregoing certificate at the time the same were made, was one of the Judges of the Court of Common Pleas for said County, duly commissioned & sworn, and acts in that Capacity, and that his signature above are his proper handwriting.
In testimony whereof I have set my hand and the public seal of said County this 2 d day of May 1818 at Malone in said County.
Asa Wheeler Clerk

2774 2786 Rhoda Day
M d 16 Feb 1788 A d 6 March 1828

State of New York Franklin County } ss
On this fourth  tenth of the day of October eighteen hundred and thirty eight personally appeared before the court of common pleas of the said county  being a court of record - Rhoda Day a resident of Chateaugay in the County of Franklin aged seventy nine 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. 1838 entitled "An Act granting half pay and pensions to certain widows". That she is the widow of Justin Day who was a musician and served as such in the war of the Revolution in Captain Gloras Company of Infantry in Col. Grayson's Regiment in the Massachusetts line of Continental troops. That he resided at West Springfield in the State of Massachusetts when he enlisted which he did for the first time in the spring of the year seventeen hundred and seventy five served one year and enlisted again about the year seventeen hundred and seventy eight, or seventeen hundred and seventy nine or the year seventeen hundred and eighty and served about three years, and was a pensioner under the act of the 18 th March 1818 at the time of his death which happened at Chateaugay aforesaid. She further declares that she was married to the said Justin Day on the sixteenth day of February 1788 in the year seventeen hundred and eighty eight that her husband the aforesaid Justin Day died on the sixth  tenth day of March in the year one thousand eight hundred twenty eight that she was not married to him prior to his leaving the service, but the marriage took place prior to the first of January seventeen hundred and ninety four viz at the time above stated.
Sworn to and subscribed on this day and year above written before the Court Me. H. McCarty Clerk
Rhoda Day By her  her mark

State of New York Franklin County ss Be it known that on this thir- teenth day of October in the year one thousand eight hundred and thirty eight before the undersigned one of the Judges of the Court of Common Pleas in and for the County of Franklin aforesaid personally appeared Stephen Clarke  Lewis Graves of the Town of Chateaugay in the said County who being duly sworn deponeth and saith that he was well acquainted with Justin Day (now deceased) in his lifetime the person referred to in the foregoing declaration of Rhode Day as well as with the said Rhode Day that he resided near them at the time of the death of the said Justin Day and that the said Rhode Day has resided in the same Town and neighborhood with this deponent ever since the death of her said husband and that he is acquainted with her and knows that the said Rhode Day who is named in the foregoing declaration and who signed and made oath to the same is the identical person who was the wife of the said Justin Day a person of the United States in his lifetime and that she has not been married since the death of the said Justin Day but still remains his widow so far as he knows, has ever heard or has any reason to believe or suspect and that he is well acquainted with her subscribed and sworn to this day and year first above written Lewis Graves Before me Lewis Graves being introduced to Stephen Fellowes in said Horatio Powell

And I the undersigned do further certify that I am well acquainted with the within named Lewis Graves who has subscribed and made oath to the foregoing deposition and that he is a credible and reputable person Horatio Powell
State of New York - I Miriah L. Meeker Clerk of the Franklin County ss County of Franklin do hereby certify that Horatio Powell Esquire whose name is above written and before whom the within affidavit was made, was on the day of the date thereof a Judge of Franklin County courts. That I am well acquainted with the hand writing of said Judge and truly believe that his signature above and within written is genuine
Given under my hand and the seal of said court and county this 19th day of October 1838
Mr. L. Meeker Clerk
Rhoda Stuyvesant
176
Admitted Corporal 15 months
Ann Hascall Esq. Malone N.Y.

I Sam Lathrop of West Springfield in the County of Hampden & Commonwealth of Massachusetts of lawful age, testify & say, that my father, the late Rev. Joseph Lathrop was Pastor of the church in the First Parish in this town for more than sixty four years previous to the year 1821. - that during the whole period of his ministry he kept a regular record of the marriages performed by him - that that record is now in my possession - & that on it is the following entry in his hand writing, except that the date is written in figures. "Feb. sixteenth, one thousand seven hundred eighty eight Justin Day of Essex in Vermont & Rhode Day of West Springfield." - In the record it is expressed, "Feb. 16. 1788." -
Sam Lathrop
Hampden ss.
September 15 1832. Then the above named Sam Lathrop personally appeared & made oath to the truth of the foregoing affidavit by him subscribed, before me,
H. Chapman. Justice of the Peace
Commonwealth of Massachusetts
Hampden ss. I, John Ingersoll Clerk of the Judicial Courts of the Common- wealth for the County of Hampden do hereby certify that Reverend Chapman Esq. whose signature is subscribed to the above certificate was at the date thereof one of the Justices of the Peace within & for said County duly Commissioned & acting under the Authority of this Commonwealth that full faith & credit are & ought to be given to his acts & attestations done in that capacity and that I am acquainted with the hand writing of the said

Ruben Champion and believe his signature to said certificate is genuine.
In testimony whereof I have hereunto set my hand & affixed the seal of the Court of Common Pleas for said County of Hampden on this fifteenth day of September A.D. 1890
John Ingersoll Clerk.

Transcript of Schedule Health of Austin Day -
13671
Franklin Co.
con
June 19

At a Court of Common Pleas  Franklin holden at the Court-House in Plattsburgh  Franklin in and for the County of Clinton , and State of New-York, on the tenth day of October 182 0 Present: Hieronym Horton, Comr Andrew D
Gates Horton Esquire — Judges of the said Court.
COUNTY OF CLINTON ss: On this tenth day of October 182 0 personally appeared in open Court, it being a Court of Record proceeding according to the course of the common law, and having the power of fine and imprisonment, and keeping record of their proceedings in and for the County of Clinton , Franklin Justin Day aged Sixty four  Franklin years resident in the town of Chateaugay in the said County of Clinton , who being first duly sworn according to law; doth on his oath de- clare that he served in the revolutionary war as follows: That he served in the Company commanded by Captain Oliver & in the Regiment commanded by Colonel Grayton in the Massachusetts line of Continental Troops from the Spring of the year one thousand eight hundred and seventy seven till the year 1780 being the term of three years when he was honorably discharged
that his original declaration to obtain a pension under the Act of Congress of the 18th of March 1818, was made the twenty ninth day of April  1818 that he has received a pension certificate Numbered 13541 and dated the twenty fourth day of June  1819 And I do solemnly swear that I was a resident citizen of the United States on the 18th day of March, 1818 and that I have not since that time by gift sale or in any manner disposed of my property or any part thereof, with intent thereby so to diminish it as to bring myself within the provisions of an act of Congress, entitled "An act to provide for certain persons engaged in the land and naval service of the United States in the revolutionary war," passed on the 18th day of March 1818 and that I have not nor has any person in trust for me any property or securities, contracts or debts due to me, nor have I any income, other than what is contained in the schedule, hereto annexed, and by me subscribed.
Real Estate I have none
personal estate excepting necessary bedding & clothing } one Cow $11.00, 1 Calf $3.00, $14.00 one yearling bull — $7.00 — 7.00 one old mare 15 years old $25.00, 1 Colt $12.00 — 37.00 five Sheep 1. Swine — $11.50 — 11.50 five old chairs $1.25 — pot 1. Kettle 1. tea Kettle — 4.00 a few articles of crockery not worth more than — 1.00 1 old table $1.00. — 1.00  $80.50
Personal estate excepting necessary bedding and clothing.

my occupation is that of a farmer but that owing to lameness and infirmity I am unable to gain a support by labor my family consists of my wife Rhoda aged sixty two years who is infirm and unable to perform much labor one daughter Abigail aged twenty three years who is sickly and has been unable to support herself for three years past one other daughter Rhoda aged twenty years who enjoys a tolerable state of health some other daughters Sarah aged 18 years who is also healthy — Justin Day
Sworn to and declared on the tenth day of October 1820 before the Court
Asa Wheeler Clerk
Asa Wheeler
I Charles Platt , Clerk of the Court of Common Pleas held in and for the County of Clinton Franklin ; do certify that the foregoing oath and the schedule thereto annexed are truly copied from the record of the said Court, and I do further certify that it is the opinion of the said Court that the total amount in value of the property exhibited in the aforesaid schedule is eighty dollars and fifty cents
In testimony whereof I have hereunto set my hand & affixed the seal of the said Court this 20 th Day of October 1820 —
Asa Wheeler Clerk by Thos A Towninson Dep. Clk
In testimony whereof I have hereunto set my hand the seal of said Court, on this
1820
Clerk of the Court for the County of Clinton

September 24, 1934
XXXXXXXXXXXXXXXXXXXX
Justin Day-W.19153 BA-J/AWF AW
Miss Martha L. Channell 119 West Main Street Malone, New York
Dear Madam:
Reference is made to your letter in which you request information in regard to Justin Day, a Revolutionary War soldier, a pensioner from Franklin County, New York.
The data furnished herein were obtained from the papers on file in pension claim, W. 19153, based upon the Revolutionary War service of Justin Day.
Justin Day was a native of Springfield, Massachusetts, date of his birth not shown nor are the names of his parents given.
While residing in West Springfield, Massachusetts, he enlisted the latter part of February, 1776, served one year as private in Captain Josiah Lyman's company, Colonel Porter's Massachusetts regiment, and was in the expedition to Canada. He enlisted in March, 1777, served as sergeant and musician in Captains Oliver's and Flower's companies, Colonel Greaton's Massachusetts regiment, length of service three years.
He was allowed pension on his application executed April 29, 1818, at which time he was aged sixty-two years and living in Chateaugay, Franklin County, New York. He died there March 6, 1828.
Justin Day married February 16, 1788, Rhoda Day of West Springfield, Massachusetts; he was then of Essex, Vermont.
The widow, Rhoda Day, was allowed pension on her

application executed October 12, 1838, at which time she was aged seventy-nine years and living in Chateaugay, New York.
Reference was made in 1820 to the following children of the soldier, Justin Day, and his wife, Rhoda; Abigail, twenty-three years of age; Rhoda, twenty years of age; and Sarah, eighteen years of age.
There are no further data in this claim relative to the family of Justin Day.
Very truly yours
A. D. HILLER Assistant to Administrator

2786 Ny. Oct 27 July 1838.
Rhoda Day
free Hon. J. S. Co Catharine Commissioner of Pensions Washington City D.C.

2786 Oct 27 Ms. 7 July 1838
Rhoda Dyer
free
Hon. J. L. Edwards Commissioner of Pensions Washington City D.C.

Malone 19 th October 1838 J L Edwards Esq Sir
Indorsed is the Declaration of Rhoda Day of Chautauqua in this County widow of Justin Day who at the time of his death was a pensioner of the United States under the act of the 18 th March 1818
Should there be any defect in these papers will you please to advise me or if deemed sufficient to entitle her to a pension under the act of July 7. 1838 Please send me the certificate for her The old Lady is in feeble health and needs the relief provided by the act of Congress
Very Respectfully Your Ob t Servt Asa Hascall

Rev. and 1812 War Section.
awj
August 19, 1926
Mrs. J. Osborne Simpson 13 First St Malone, N. Y.
Madam:
I have to advise you from the papers in the Revolutionary War pension claim W. 19153, it appears that Justin Day was born in Springfield, Massachusetts, date not stated.
While residing at said Springfield, he enlisted in February 1876 and served one year as a private in Captain Josiah Lyman's Company, Colonel Porter's Massachusetts Regiment.
He enlisted in the spring of 1777 and served three years as sergeant and musician in Captains Oliver's and Flower's Companies, Colonel Greadon's Massachusetts Regiment.
He was allowed pension on his application executed April 29, 1818, while a resident of Chateaugay, Franklin County, New York, aged sixty-two years. He

died there March 6, 1838.
Soldier married February 16, 1788, Rhoda Day of West Springfield, Massachusetts, he was then of Essex, Vermont.
She was allowed pension on her application executed October 12, 1838, while a resident of Chateaugay, New York, aged seventy-nine years.
In 1830, soldier referred to the following daughters- Abigail, aged twenty-three years; Rhode, aged twenty years; and Sarah, aged eighteen years.
There are no further data on file as to family.
Respectfully,
E.W. MORGAN Acting Commissioner.

119 West Main Street Malone, New York August 22, 1934.
Veterans Administration. Washington, D.C. Gentlemen,
Will you kindly advise me regarding a Revolutionary soldier Justin Day whose name appears on a list of Franklin County Pensioners as to whether he or his widow drew pension in Rev. or 1812 Wars - with as much data as your records afford.
In answer to letter of Aug 22, 1934, please send a copy of all pension records
Sincerely yours, (Miss) Martha L. Channell Historian, Adirondack Chapter D.A.R.

13 First St Malone N.Y.
Commissioner of Pensions - Washington D.C.
Dear Sir:
Will you please send me a copy of the revolutionary war record of Justin Day - who died in Chateaugay N.Y. March - 9 - 1829. I am interested in

D. A. R. work and Justin Day is a descendent of mine.
Yours very truly - Mrs. J. Osborne Simpson

Rev
WIDOW, &c.
File No. 19153
Rhoda Day Wid of Justin Day Genl. Rev War.
Act: July 1 th /38
Index: Vol. OA , Page 171
[Arrangement of 1870.]

1926-Aug. 19-Hist to mrs. J. Osborne Simpson aunts. 1934-Sept. 23-Hist to Miss Martha T. Channell aunts.