Revolutionary War Pension and Bounty Land Warrant Application File S. 30980, Bennett Daly, Penn.

SERVICE
NUMBER
Penn
Daly Bennett Dailey or
S. 30980
CONTENTS

25,300 Kentucky
Bennett Dailey
of Washington Co in the State of Kentucky who was a private artillery in the Company commanded by Captain Craig of the Regt commanded by Col Proctor in the Pennsylv line for 2 yrs fr 1777
Inscribed on the Roll of Kentucky at the rate of 10 00 Dollars — Cents per annum to commence on the 4th day of March, 1831.
Certificate of Pension issued the 21 day of Dec 1833 and sent to John Hughes, Springfield, Ken.
Arrears to the 4th of Sept 1833 $250 — Semi-ant. allowance ending 10 Mch 1834 50
$ 300. —
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded by J. M. Allison Clerk, Book C. Vol. 7 Page 30

State of Kentucky Washington County ss, on this the 27 day of August 1832 personally appeared in open court before the Worshipful Justice of the present court of Washing- ton County now sitting Bennett Daly a resident of the County Washington and State of Kentucky of age twenty five 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 the 7 day of June 1832 That he enlisted in the service of the United States, under the following named officer and served as here in stated That he enlisted in the year 1777 in first Col. Procter's regiment of Artillery in the Pennsylvania line in Capt. Bryant's company John Stith his Subaltern The regiment was commanded by Col. Procter and served two years & was discharged at East Town in Jersey. & has since his discharge - he was in and active with the British & Indian on the waters of the Tiger River between Middle Town & New Town in the State of New York. he was

in the state of Maryland & county of Saint Marys: at the time of his enlistment - after his discharge he returned to the state afd & resided there in for ten or twelve years & removed to the state of Kentucky where he has resided for forty five years in the county of Warfield & still resides in said county. he is acquainted with Joseph R. Thomas & James Molyneux of this county & no one else by whom he can prove any part of his service. He hereby relinquishes every claim what- ever to a pension or annuity except the present & declares that his name is not on the pension roll of the agency of any state.
his Bennett & Daly mark
Commonwealth of Kentucky Washington County Set
At a County Court began and held for Wash- ington County at the Courthouse in Springfield on Monday the 27 th day of August 1872 Bennett Dailey an applicant for a pension as a Revolutionary soldier this day came into Court and made oath to the truth of the statement by him subscribed and the Court calls their opinion after investigation of the matter and pronouncing the question presented by the Dear Department that the said Bennett Dailey was a

Revolutionary Soldier and served as he has stated
Kind John Hughes Clerk of said Court do hereby That the foregoing contains the original proceedings of said Court in the matter of the application of Bennett Daly for a pension. In testimony whereof I have hereunto set my hand and affixed the seal of said Court this 27 th day of August 1832 in the 17 th Year of the Commonwealth
John Hughes Clerk
Washington County State of Kentucky, ss,
Bennett Daly amicus, His application made the 27 th of August 1832 for the purpose of obtaining a pension under the act of Congress passed the 7 th of June 1832 and states that he served as a private for two years in the manner & regiment stated in his first and foregoing application he entered the service of the United States on the day of April 1777 and served until May or June 1779 making the full term of two years.
Bennett Daly
State of Kentucky Washington county ss,
Mr. G. A. Depareq.
clergyman residing in
The County of Washington State of Kentucky and Randal Hobson residing in said County here by certify that we are well acquainted with Bennett Daly who has subscribed and sworn to the above declaration that we believe him to be seventy five years old that he is reputed & believed in the neighborhood where he resides to have been a soldier of the Revolution and that we concur in that opinion
Sworn to and subscribed this the
day of 28 th Oct 1833.
G. A. Depareq.
Randal Hobson
State of Kentucky Washington County Set At a County Court began and held for the County of Washington at the court house in the town of

Spencerfield on Monday the 28 day of October 1833 Bennett Daly an applicant for a pension as a Revolutionary soldier This day came into court and made oath to the truth of the statements by him subscribed as well as his amending statement and the 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 Revolu- tionary soldier and served as he has stated and the court further certifies that it appears to them that D. A. Despain who has signed the proceeding certificate is a clergyman resi- dent in the County of Washington and that Ranaval Swankins who has also signed the same is a resident in the county of Washington and is a creditable person and that their statements are entitled to credit
13.458
General Land Office
I William B Booker Clerk of the County Court of Washington County do here certify that the foregoing contains the original proceedings of the said Court in the matter of the application of Bennett Daly for a pension
In testimony whereof I have hereunto set my hand and the seal of office this the first day of November 1833
William B Booker clerk.

1845-8 Bennett Harley
from 1777 private Artillery 2 nd Reg $100.
John Mayhew Jr Springfield Kentucky

13458
BRIEF in the case of  Bennett Daily County of Washington  in the state of  Kentucky (Act 7th June, 1832.)
 1. Was the declaration made before a Court or a Judge? Court  2. If before a Judge, does it appear that the applicant is disabled by bodily infirmity?  3. How old is he? 75  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.     In 1777 enlisted 2 — — As a private Gen. Capt Brig (1 st Reg t Artillery Penn line), Col Procter  
 5. In what battles was he engaged? none  6. Where did he reside when he entered the service? St. Mary's Co. Md.  7. Is his statement supported by living witnesses, by documentary proof, by traditionary evidence, by incidental evidence, or by the rolls? Neither, if not on the rolls.  8. Are the papers defective as to form or authentication? and if so, in what respect? Correct 
X  Certify that the foregoing statement and the answers agree with the evidence in the case above mentioned.
W. W. Waugh Examining Clerk Feb 18 th 1833

30 980 INVALID.
File No. 30 980
Bennett Dailey Rev Rev War
Act June 7 th 82 nd
Index:—Vol. 2 , Page 102
[Arrangement of 1870.]

Bonnett Daley

BRIEF objections to the admission of Pension Claims , of which those answered in the negative, in red ink, will apply to the claim of Bennett Dailey 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? No XII. If the clergyman's affidavit has not been produced, is there any reason assigned for not obtaining it? No 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? No 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? No 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? — 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? 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? 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 shewn 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 13.458.
Bennet & Riley
Pete for Reason
13.458.

State of Kentucky Washington County, ss.
Be it Remembered that on this 13 th day of November 1833 Mary Alvey of said County aged about 70 years, personally appeared before me Burdett Vanclief Justice of the Peace in and for said County and made Oath in due form of law: That in the years 1776 & 1777, she was well acquainted with Bennett Bailey who was raised within about a mile of where she was, in Charles County Maryland. That she has a perfect recollection of P t Bailey starting in company with a man by the name of John Smith, in going to join the army of the Revolution. That said Bailey was absent upwards of two years in the army. When he returned, she recollects of his having on a horse Newport or Dupon. He left home as she believes in the Spring 1777. She frequently heard him talk of his battles in the war of the Revolution - after his return. That some years afterwards P t Bailey removed to Kentucky Washington and County about two years afterwards, she P t Mary Alvey removed settle in the same county and neighborhood, and has known him here upwards of 30 years. That he was in Maryland and in Kentucky, reputed and believed by her & others who were intimately acquainted with him to have been a soldier in the Revolutionary war. That P t Bailey is now between 76 & 80 years of age, and has been blind for 8 or 10 years past.
Subscribed & sworn to before me this 13 th day of November 1833.
her Alvey Mary
Burdett Vanclief J.P.W.C
I Burdett Vanclief a Justice of the Peace in in Wash- ington County State of Kentucky, do certify that Mary Alvey who subscribed & swore to the above affidavit is a person creditable person and that her statement is truth to the best of her knowledge given under my hand this 13 th day of November 1833.
Burdett Vanclief J.P.W.C

State of Kentucky
Washington County, Nov 18, 1863.
Be it Remembered that on this 14 th day of Novem- ber 1863. Randall Hoskins of said County personally appeared before me John Boam Beauchamp a Justice of the Peace in said County and being sworn in due form of Law, States, that he was well acquainted with Bennett Bailey in the years 1776, 1777 1778 has known him ever since that period. He has lived in the same County within 5 or 6 miles from him - That said Bailey was raised in Har- fords County in Maryland, and him said Hos- kins was raised in Charles County in same State said Hoskins states, that in the year 1778 - He said Hoskins enlisted at the Head of Elk in the State of Maryland and He there fell in company with said Bailey, who was then in the service in the Regular Army and had been there some time - The Troops was then commanded by General Pulaski - That s r Hoskins enlisted in the same Company in which s r Bailey then belonged to. He cannot state the precise time of his (Hoskins) enlisting but is inclined to believe it was in the month of August 1778 The Troops after this time remained at the Head of Elk about 2 weeks and were marched to Baltimore - where we remained three or four weeks; when the Regiment was attached to another Regiment to wit the 1 st Maryland Regiment - He then left Bailey in the Army and saw him no more until He went with Great Britain - He s r Hoskins states that He cannot state the length of time said Bailey did serve as a soldier in the Army, but when He returned

Home. He understood not only from Mr. Bailey but from others, in the neighborhood, that he had continued in the Army upwards of two years. That said Bailey was there, and has been since his removal to Kentucky always considering and believed to have been a soldier of the Revolution. Said Bailey is now he supposes between 75 & 80 years of age, and is blind. Has been so for 8 or 10 days - and in other respects very infirm and helpless.
Subscribed and sworn to before me this date first written
His Randall X Hoskins mark
Jeroboam Beauchamp J.P.W.C.
I Jeroboam Beauchamp a Justice of the Peace in and for said County of Washington State of Kentucky, do certify that Randall Hoskins is a creditable person and that his statement above subscribed is sworn to before me is entitled to credit. Given under my hand this 14 th day of November 1833 Jeroboam Beauchamp J.P.W.C.
State of Kentucky Washington County to wit,
I W B Booker Clerk of the County Court for said County in the state aforesaid do certify that Randall Hoskins and Jeroboam Beauchamp, whose names are subscribed to the foregoing affidavits, are Justices of the Peace in said County, and that their signatures are genuine. In testimony whereof I have subscribed my name and affixed my seal of office this 14 th day of November 1833.
W B Booker Clk