Revolutionary War Pension and Bounty Land Warrant Application File R. 2,621, Nathan Daley, New York

SERVICE
New York.
Daley, Nathan
NUMBER
R. 2621
CONTENTS
Blank lined area for contents entry
Blank lined area for contents entry

No. 38-311 Dec. 20/51
Nathan Daley
Pension Claim. Revolutionary War Services rendered in 1780 for seven months.
Care of
S.W. Salisbury Canandaigua New York

State of New York } p: County of Ontario
On this thirteenth day of December A D eighteen hundred and fifty one personally appeared in open Court before the County Court of said County now sitting, Nathan Daley a resident of Manchester in said County and State, aged eighty six 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 th 1832.
That in the spring of the year 1780, (seventeen hundred and eighty) in the month of May, he went from the town of Egremont, in the state of Mass. where he resided up to Albany N.Y. with one Sergeant Swart, and served in the New York Militia under said sergeant, in Colonel Vroman's Regiment till winter - till in the month of December, same year, 1780. That he was in active service, under said officers, in said Militia, during said year, for the period of seven months. That he was employed along the frontier of the cultivated districts in defending the inhabitants from attacks and incursions of the Indians and Tories. That he was marched through Cherry Valley - to Fort Plain where Colonel Willis Commanded and about there - that he was acquainted with Colonel Willis - that most of the old soldiers & regulars, had gone from Albany to the aid of Genl Washington who was guarding the movements of Cornwallis near New York City, leaving for comrades of said Daley mostly boys like himself.
He further states that in the previous year 1779 he served several months about

your character for veracity and their belief of your services as a soldier of the Revolution?
Rev Nelson Scott
Mr Jacob Smith who has known me for 30 years.
Nathan his Daley mark
State of New York, Ontario County ss:-
We Nelson Scott, a Clergyman, residing in the town of Manchester, Ontario County, State of New York and Jacob Smith of the same place, do hereby certify, that we are well acquainted with Nathan Daley who has subscribed and sworn to the foregoing declaration; that we believe him to be eighty six 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.
Nelson Scott
Jacob Smith
Sworn to and subscribed on this 13 th day of December 1851
in open 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 Nelson Scott, who has signed the preceding certificate, is a clergyman resident in Manchester, Ontario County, N.Y., and that Jacob Smith is a credible person; and that their statement is entitled to credit.
N. H. Sibley Judge of Ontario

Interrogatories propounded by the court and answered by Nathan Daley who has subscribed and sworn to the above declaration.
1 st Where and in what year were you born?—
I was born in the town of Egremont, in the county of Berkshire and State of Massachusetts, in the year One thousand seven hundred and sixty five on the eighth day of January of that year, (Jan. 8 th 1765.)—
2 d Have you any record of your age? and, if so, where is it?
The original records of my age are all lost.
3 d When were you living when called into service; where have you lived since the Revolutionary war; and where do you now live?
I was living in Egremont, Berkshire County, Mass— I removed to Cayuga Co New York soon after the Rev. war, where I lived till 1834, when I removed to Manchester Ontario Co, where I now live.
4 th How were you called into service; were you drafted did you volunteer, or were you a substitute; and if a substitute for whom.
Sergeant Swart was going to Albany from Egremont and I accompanied him as a volunteer militiaman.
5 th 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?
Same as in declaration,
6 th Did you ever receive a discharge from the service, and if so, by whom was it given; and what has become of it.
Never received a written discharge, was mustered out of service without one.
7 th State the names of persons to whom you are known in your present neighborhood, and who can testify to

your character for veracity and their belief of your services as a soldier of the Revolution?
Rev Nelson Scott
Mr Jacob Smith who has known me for 30 years.
Nathan his Daley mark
State of New York, Ontario County ss:-
We Nelson Scott, a Clergyman, residing in the town of Manchester, Ontario County, State of New York and Jacob Smith of the same place, do hereby certify, that we are well acquainted with Nathan Daley who has subscribed and sworn to the foregoing declaration; that we believe him to be eighty six 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.
Nelson Scott
Jacob Smith
Sworn to and subscribed on this 13 th day of December 1851
in open 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 Nelson Scott, who has signed the preceding certificate, is a clergyman resident in Manchester, Ontario County, N.Y., and that Jacob Smith is a credible person; and that their statement is entitled to credit.
W. H. Sibley Judge of Ontario

Comptrollers Office Albany Sept 27 th 1851
I certify that the signature to the order for the pay, mentioned in the annexed printed Certificate, which now remains in this Office, is _____ Witnessed &c. "Nathan X Daley" and hearing date 1784. _____
R. C. Fallon Comptroller

[Persons making application at the Comptroller's or Secretary of State's Office, for searches, or certificates of service of any person, in the army of the U. S. during the revolutionary war, should give the name and ranks held by such person; the nature of the service; whether in the Infantry, Cavalry, or Artillery, &c.; in the regular army or militia; the names of the officers commanding the regiments and companies at the time of enlistment, service and discharge, as near as can be given. The names should be given with care, and in a legible hand.]
In pursuance of a law passed the 27th of April, 1784, entitled "An act for the settlement of the pay of the Levies and Militia, for their service in the late War, and for other purposes therein mentioned," the following certificates have been issued, bearing interest at five per cent per annum, viz :
State of New- York ,
COMPTROLLER'S OFFICE, Albany, Sept 26. 1851
I hereby certify the above to be true extracts from Books No. 3 & 4 now remaining in this office, and that the service for which the certificates above named were issued, were performed under the following officers, viz :
   1st under Capt. Jacob Hager & Ensign in Peter Swart Regiment.   2d " " & was for Provisions "   2d " " Lieut. Ephm. Vrooman & Ensign Peter Swart "   3d " " & was for Provisions. "   4th " " "   5th " " "   3th " " Lieut. Vrooman & Ensg. Swart Col. Peter Vroomans   4th " " Capt Jac. Hager & Ensg. Swart Do   8th " " "   9th " " "   10th " " "   11th " " "   12th " " "   13th " " "   14th " " "   15th " " "   16th " " "  
I have examined the records for the service of _____ and find _____ entries, as above, amount- ing to £ 35,12, 3/3
Awse Examining Clerk.
Ph. C. Fuller Comptroller.

State of New York } County of Ontario }
Samuel M. Salisbury of said County being duly sworn deposed and saith that he is well acquainted with Nathan Daley who has subscribed and sworn to the foregoing declaration for the purpose of obtaining a pension, that he believes him to be of the age of eighty six years and to have been a soldier in the revolutionary war and to have served as he states. That he believes him to be a man of integrity and veracity and that his statements are entitled to full confidence. And further that in the neighborhood where he resides he is universally reputed and believed to have been a revolutionary, soldier.
And further that sometime in the month of August last (1831) said Daley applied to this deponent for assistance in obtaining bounty land to which said Daley thought he might perhaps be entitled under Act of Sept. 1830, and at that time stated particularly to this deponent his said service in the Revolutionary war and stated that he had never applied for a pension because he had been informed that there was no record evidence of his said service in said war, his company being mostly composed of boys and belonging to a small regiment of New York Militia and also because he could obtain no living witness of his said service, he never having had a written discharge, but having been mustered out of the service - and also because his extreme poverty prevented him from incurring much expense in prosecuting his claim.
And this deponent further states that said Daley remembered distinctly his Ensign

Swarts name & the year and the length of time served, but could neither remember his captain's name: nor distinctly his Colonel's - his impression was that he belonged to Colonel Harris' Regt.
And further that on behalf of said Daley this deponent applied to the Comptroller of the said State of New York for the purpose of ascertaining whether or not some record evidence of said Daley's service could be found.
And further that on the 27 th of September 1857 said Comptroller forwarded to this deponent the accompanying certificate or evidence of service of said Daley which is respectfully submitted.
And further that said Daley on hearing the name of Colonel Grooman at once recognized the same as the name of his Colonel, and also that of Heager as his Captain.
Samuel W. Salisbury
Sworn to and subscribed in open Court this 15 th day of December, one thousand eight hundred and fifty one, and I hereby certify that the said Samuel W. Salisbury is a credible person and that his statements are entitled to credit.
Mark H. Sibley Judge of Ontario Co.
State of New York Ontario County, County Court, }
I Reuben Murray Jr Clerk of said County & said Court do hereby certify that the Hon Mark H. Sibley whose genuine signature appears above, was at the time of taking the foregoing affidavits of Scott, Smith, and Salisbury, and administering the oaths and propounding questions to Nathan Daley all which appears above, was Judge of the County

Court of Ontario County, New York, and that the foregoing contains the original proceedings of the said court in the matter of the application of Nathan Daley for a pension. Witness my hand and the seal of said court at Canandaigua this 15 th day of December 1851.
Reuben Murray Jr Clerk

REJECTED
2621
P. O. _____
Nathan Daley
Service: _____
Enlisted: _____, 18
Discharged: _____, 18
Application filed: _____, 18
Alleges: _____
Re-enlisted: _____
Attorney: _____
P. O. _____
_____ Recognized. _____ Contract.
_____ Cert. of Dis. Searched for _____, 18

No 35.311
Nathan Daley N.Y.
Act 7 th June 1832
S.W. Salisbury Apr 11 32 same Aug 3 1832 same May 1/53
3621

Nathan Daley
Act of June 7 th 1832. Pension Claim under.
Additional Evidence of identity Called for Aug. 3. 1852 herewith furnished.
Care of S. W. Salisbury Canandaigua New York

State of New York } p County of Ontario }
Samuel Meinders of Gorham said County being duly sworn says he is of the age of seventy two years, that he is well acquainted with Nathan Daley of Manchester said County and has known him well for the period of twenty four years last past. That said Daley is about ninety years of age and is reputed & believed to have been a soldier in the Revolutionary & indeed has been styled the "Old Revolutioner" for at least twenty years last past. That he has often heard him - said Daley - and others talk about serving in said Revolutionary War and that he, deponent has not the least doubt but that said Daley is the identical Nathan Daley who served under Sergeant Peter Swan in Leapt Hagar's Co, near Albany in Col. Peter Vroman's Regt - Rev. War - as heretofore established to the satisfaction of the Pension Department.
The reasons for his said certain belief can be given in a few words as follows 1st Said Daily (or Daley his name being spelled both ways) is a man of strict integrity, of acknowledged truth & veracity whenever known. Although extreme poverty & destitution have pressed heavily upon him for the last 30 years, he has never been known to swerve from the strictest integrity. And often very often have I heard said Daley relate the incidents of his service in said Rev. War as the pride of his life - and such incidents as none but a participant could relate.

That he has heard said Daley talk with other fellow soldiers or others who knew him personally to have been a soldier & a thousand times has seen and heard sufficient evidence as to said Daley's having been a soldier of Sergeant Swift as heretofore represented, that he, deponent has not the least shadow of a doubt of such being the case - of said Nathan Daley's being the identical man represented as to be.
Samuel Minders
Sworn and subscribed before me this 21 st day of November A.D. 1852 and I hereby certify that the said Samuel Minders is a credible witness.
Ulysses Warner
Justice of the Peace in & for Ontario Co. N.Y.
State of New-York, } ss. County of Ontario.
I, Reuben Murray Jr., Clerk of the County Court, in and for the County and State above mentioned, do hereby certify, that Ulysses Warner Esq. whose genuine signature appears above, is, and was at the time of signing the same a Justice of the Peace in and for the County and State aforesaid, duly commissioned and sworn; that all his official acts as such are entitled to full faith and credit; and that the aforesaid County Court is a Court of Record, having general jurisdiction.
Given under my Hand and Seal of Office, at Canandaigua this 29 th day of Novr 1852.
Reuben Murray Jr. Clerk

State of New York County of Albany } p.
Northrop J. Smith of Albany said County & State aged fifty five years being duly sworn, says that he is well acquainted with Nathan Daley of Manchester Ontario County New York and has been personally acquainted with him for the period of thirty years last past. That said Daley is about ninety years of age and is reputed and believed to have been a soldier in the Revolutionary war. That he has for a long time been styled "The old Revolutioner" and is undoubtedly the identical Daley who served near Albany under sergeant Peter Swart whom said Daley well remembers in capt Jacob Hagan's company Colonel Peter Vroomans Regiment as heretofore established to the satisfaction of the Pension Department.
As to the identity of said Daley this deponent further says that having for so many years been accustomed to hear said Daley and others talk about his said service in said Revolutionary War that he has not the least doubt of said Daley's being the identical man who performed said service.
N. J. Smith
Sworn to and Subscribed before me this first day of November  October A.D. 1852 & I hereby certify that the said Northrop J. Smith is a credible witness. Albert D. Robinson Albany County Judge

State of New-York, CITY AND COUNTY OF ALBANY, CLERK'S OFFICE,
} ss.
I, Robert S. Gay Clerk of the City and County, do hereby CERTIFY, that A. D. Robinson whose name is subscribed to the Certificate of Proof or Acknowledgment of the annexed instru- ment in writing and endorsed thereon, was, at the time of taking such proof or ac- knowledgment, Count. Rdg in and for the County aforesaid, dwelling in the said County, and duly authorized to take the same: And that I am well acquainted with the handwriting of the said Robinson and verily believe that the signature to the said Certificate of Proof or Acknowledg- ment is genuine, and that the said instrument is executed and acknowledged ac- cording to the laws of the State of New-York.
In Testimony Whereof, I have hereunto set my hand, and affixed my official Seal, this day of Novr 185 2
R. S. Gay
CLERK.

Pension Office August 3 d 1852
Sir,
The additional evidence in support of the claim of William Daley of N.Y. - for the benefit of the act of June 7. 1852, has been received and filed. It is not of such a character as the rules of the Office require. I observe that the Comptroller's certificate is dated in Sept. 1851, and the Claimants Declaration in Decr. of the same year. A declaration supported by a Comptroller's certificate is much more favorably regarded than one evidently founded upon such certificate. Under such circumstances the strongest proof of identity is necessary. He must furnish the testimony of Comrades connecting him with the service admitted to have been performed by a man of his name, or, at least, must show by those who have known him long and intimately, that he had

always connected himself with this identical service. The testimony of men who have known him only a few years, and who, from anything that appears on the face of the papers, are themselves Youngmen, is not sufficient.
I am respectfully Your obedient
J. J. B. Triplett City Commr.
S. W. Salisbury Esq. Canandaigua New York

Kathan Daley Ev of identity not yet sufficient Sus. Aug. 3 d 1852

Canandaigua, New York November 29 th 1832
Honorable J. E. H. Rath Comm ee of Pensions:
Sir; Enclosed please find additional proof of identity of Nathan Daley also connecting him with the service of the Revolutionary War for which he claims a Pension thus long withheld.
I desire to refer you to the affidavit of myself forwarded with the original declaration of said Daley in answer to that part of the following decision about the Comptroller's Certificate being dated prior to the Claim.
As said Daley was very poor and just tottering on the verge of the grave and felt disposed to complain of the ingratitude of his countrymen for neglecting his Rev. service I was unwilling to commence the preparation of his papers till I obtained what information I could from the Comptroller. Hence the fact within adverted to. I trust the enclosed, which is the best evidence we can possibly produce, will secure an early & favorable decision, Yours & C. S. H. Ashley,

Nathan Daley
Revolutionary soldiers Evidence of identity Claim under act 7 June 1832.
Care of S. W. Salisbury Canandaigua New York

(Copy)
Pension Office
April 1 st 1852.
Sir,
The declaration of Nathan Daley of N.Y. under the Act of 7 June 1832, has been examined and filed. The evidence is not sufficient to identify him with the soldier referred to in the Comptrollers Certificate.
The first payments appear to have been provisions. The other payments altogether would cover a period of service of about 9 months, & performed in 1780.
* * *
Without the best evidence of identity no allowance can be made.
I am very Respectfully Your Obedt Servt G. F. C. Dighton for Com r of Pensions
S. W. Salisbury Canandaigua New York
Please find additional evidence of identity within. Yours Sinc ely S. W. Salisbury Hon. J. E. Heath

State of New York Ontario County
Amasa Tillinghast of Phelps in said County but late of Manchester said County being duly sworn says That he is well acquainted with Nathan Daley of Manchester said County knows him to be reputed a Revolutionary soldier, and verily believes him to have been in the Revolutionary service as stated in his declaration for a Pension made some time last autumn as deponent is informed and believes; and that said Daley is nearly ninety years of age and that this deponent has been acquainted with him some thirteen or fourteen years, that he has often heard said Daley talk of his service in the Revolutionary War, when he, said Daley, was a mere boy, how that he served under the immediate command of Sergeant Peter Swart an old neighbor of his fathers in Egremont, Massachusetts; That he deponent has heretofore during the period of several years last past heard said Daley often regret his hard lot, his poverty, & his being unable to hunt up sufficient evidence to obtain a pension to which he felt justly entitled; that he deponent knew of said Daleys trying to induce one S. W. Salisbury of Canandaigua N.Y. to try and do something for him, that on said Salisburys being furnished with a Certificate from the Comptroller of N.Y. stating the name of his Captain being Jacob Hager, said Daley recognized the name of Capt Hager as his old Captain, also he recognized the name of Col. Vroman

3 as being Colonel Vroman Commandant, instead of Col. Willis as was his first impression. said Daley having forgotten the name of his captain and also mistaken the name of his colonel, by reason of old age and infirmity.
And deponent further states that he has not the shadow of a doubt about Nathan Daley the applicant aforesaid, being the identical soldier referred to in the said Certificate of the Comptroller of N.Y.
And further that as regards the discrepancy between the claim of said Daley for only seven months service in the year 1780, whereas the Certificate gives him credit for about nine months, this deponent says that he has heard said Daley often say that he went to Albany in the year 1780 in the month of March and remained there with Sergeant Swart till the next winter, whereat on reflection, he Daley thought, at the time of making his said declaration, that the month must have been May and service 7 months instead of 9 months as at first he believed - a mistake natural enough for a person of his age & infirmity, especially as regards service more than seventy years ago, and further this deponent saith not.
Amasa Tillinghurst
Sworn before me this 4 th day of May A.D. 1852, and I hereby certify that said Amasa Tillinghurst is a credible witness.
Ulysses Warner
Justice of the Peace in & for said County of Ontario.

State of New York } County of Ontario } ss:
John Stroman of Manchester in said County, being duly sworn according to law says that he has been acquainted with Nathan Daley of Manchester said County for fifteen years and knows him well, and verily believes him to have been a Revolutionary Soldier under command of one Peter Swart, Sergeant, and that he is the identical Nathan Daley referred to in the Certificate of the Comptroller of State of New York now on file in Washington as per letter from Com d Pensions of April 1 st 1852.
And further That he has often heard said Nathan Daley mention his said service in said Revolutionary War during the year 1780, which service he said Daley remembers most distinctly, and also during the year previous and the year following said 1780, That he has often heard said Daley speak of his said Sergeant Swart with whom he went in the spring of said year (1780) from the town of Espermont, Meap, to Albany N.Y. and there served till the following winter defending the inhabitants from attacks of the Indians,
That he well remembers said Nathan Daley's frequent regrets of his poverty and disability to obtain a pension to which he felt justly entitled, and that he knows of said Daley's applying to Mr Salisbury of Cananda- gua for assistance in the matter, some time last autumn, and remembers the exultation of said Daley on having his name found as he had repeatedly stated, under command of said Sergeant Peter Swart, - and also on being reminded of the same said Daley remembered the name of his captain being (Jacob) Hager, and also Colonel (Peter) Vroman, which names he had forgotten.

And that from his knowledge of the proceedings in this case and acquaintance with said Daley he verily believes that said Nathan Daley is the identical man - the identical Revolutionary soldier - referred to in the Comptroller's certificate of said - indeed of said Daley's being the said identical soldier he has not the least doubt.
John Stroman
Sworn before me this 27 th day of April A.D. 1852, and I hereby certify that said John Stroman is a credible witness & that his statements are entitled to full faith & confidence.
Orson Benjamin
Justice of the Peace in & for said Ontario County
State of New York } County of Ontario } Clerk's Office }
I hereby certify that the within named Mysses Warner whose name is attached to the affidavit of Amasa Tillinghurst, and also that the above named Orson Benjamin are both Justices of the Peace in and for said County and authorized to administer oaths, and that I am well acquainted with the hand writing of said Justices and verily believe the said signatures to be genuine.
Witness my hand and the seal of said County at Canandaigua this 7 th day of May 1852.
Reuben Murray Jr Clerk of Ontario Co

Nathan Daly of N.Y. act June 7, 1832
Dec 23 1851
86 yrs of age - born 8 Jany 1765
In spring of 1780. in May entered service near Albany in Vroomans Regt & served until in Decr same year Also served some months in 1779 under the same Sergeant Soons in Col Harpers Regt - Fonda Major.
Defending frontiers of cultivated districts - Went to Cherry Valley and Fort Plain.
These levies were mostly boys - the old soldiers being detached to the aid of Washington near N.Y. who was guarding the movements of Cornwallis.
He had before lived at Egremont in Mass & now lives in Ontario Co. N.Y. - Very poor - had often tried ineffectually to procure evidence of his services. Applied to Hon Salisbury This is his acct of delay.
Certif e from Comptrollers Office in Albany of pay up 3 days of £23. 15. 5- representing 9 mos service. Payts made in Nov & Dec '80. The names of officers agree with his statement of service in '80. but not in '79.
Several witnesses swear to tradition and affts & the usual certificates to same fact, also attest his veracity and

general good character.
One witness states that claimant had stated that he had entered service in March 1780 but afterwards concluded it was May.
Identity is shown by witnesses who state that his accounts of the service abounded in particulars and incidents which none but an eye-witness could so narrate, - and that he always went by the name of the 'Old Revolutioner'.
I think the discrepancy in statement of length of service should not be fatal to claimant, considering the great lapse of time and great age of the claimant.
William Daly Brier