Revolutionary War Pension and Bounty Land Warrant Application File S. 865, John Dailey, New Jersey

SERVICE
NUMBER
New Jersey
Dailey, John
S. 865
Carded
CONTENTS
Twelve horizontal dotted lines for writing.
Twelve horizontal dotted lines for writing.

17.187 New Jersey
John Dailey
Warren Co in the State of N. Jersey who was a private in the Company commanded by Captain Little of the Regt. commanded by Col. Braine in the N.J. Ar. due for Pensions for 7 1/2 yrs
Enscribed on the Roll of New Jersey at the rate of 25 Dollars 00 Cents per annum, to commence on the 4th day of March, 1831.
Certificate of Pension issued the 8 day of August 1833 and sent to Hon. L. Condity Penns.
Arrears to the 4th of March 1833 $110.00 Pension allowance ending Sept. 27. 50 $137.50
{ Revolutionary Claim, Act June 7, 1832. }
Recorded by E.D. Bullough Clerk, Book C Vol. 3 Page 108

11294 Application of John Dailey of Warren Co New Jersey for a Pension
1. John Dailey 2. of Warren Co New Jersey 3. do hereby certify that 4. he is the person described in 5. the annexed application 6. and is entitled to a pension 7. under the provisions of the act 8. "to increase the pension of 9. certain persons who have been 10. previously pensioned" passed 11. March 3rd 1831
If Pension allowed Please direct this Certificate to J. M. Sherrard Belvidere Warren Co New Jersey
John Dailey of Warren Co New Jersey do hereby certify that the above is a true and correct copy of the original application on file in the Department of War

State of New Jersey
Warren County ss. On this fourth day of September in the year of our Lord one thousand eight hundred and thirty two, personally appeared in open court, before the Judges of the Inferior Court of Common Pleas of the said county of Warren now sitting John Dailey a resident of the township of Oxford, County of Warren and state aforesaid, aged Seventy two 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, 1832 -
That he entered the service of the United States, under the following named officers, and served as herein stated.
I was born in the township of Walpack, county of Sussex, state of New Jersey, on the 26 th December, 1760. I have no record of my age and this I recollect from my father's letter to me. When I was called into the service I lived in the township of Lower Mount Bethel in the County of Northampton and state of Pennsylvania, since that time I removed into the said county of Warren, where I have lived ever since.
I volunteered as a private in 1777, on 22 nd September, under Captain Alexander Forgeran, Lieutenant Benjamin Kittle (who got killed next year with the Indians) Ensign John McTear. We marched from Shippensburg to White Marsh hills and stayed there and in that neighborhood two full months. General Erwin commanded us. also Colonel Bonyne who lived at Craig's settlement during the same time General Erwin was wounded on Chestnut hill in a skirmish. Had his horse shot under him.

In 1778 I again volunteered for two months under Captain John Nelson & Lieutenant John Connelly - in the Pennsylvania Militia. We marched from Stroudsburg into the Wilderness up the Pokano creek and back forwards after the Indians, scouting about the whole of our tour. Nothing particular occurred during this term, except that we were chased one day by a larger number of Indians & Tories.
In same year I volunteered again under Captain Hugh Gaslin, Lieutenant Ephraim Simington & Lieutenant Colonel John Nelson, for two months, in the same service, and we scouted about up the Delaware, over the broad mountain & so back forwards, after the Indians.
Again in 1779, I volunteered in the seven months service as an orderly Sergeant, under Captain John Vanatta & Lieutenant John Fish, served the whole of the seven months. James Scolay was our Ensign & got took prisoner, near the Susquehanna by the Indians. We started from head of Delaware & went towards the Susquehanna, and scouted about, but did not get into the engagement our company having divided. Our troops were called the Volunteer Rangers after the Indians. This service was all performed in the years 1779 & 1780. We got our discharge on the 17 th January 1780, at Stroudsburg called Fort Penn in those days. We received no written discharge but were dismissed by word of mouth. I was also engaged about five months in moving the French army from Williamsburg in Virginia to Boston in Massachusetts as an artillery driver. We were under the command of General Wardsworth and Colonel Carter in this service. Colonel Alcott also had the command there in Hartford Connecticut.

I hereby relinquish every claim whatever to a pension or annuity except the present, and declare that my name is not on the pension roll of the agency of any State of the United States. There is no clergyman residing in my neighborhood, but Thomas Barton and James Davison can testify to the reputation in the neighborhood of my revolutionary services. I have no discharge nor any documentary evidence of my services except the affidavits accompanying this application of Adam Seel, Thomas Sillyman and Thomas Barton nor do I know of any other persons living by whom I can prove my services.
Sworn to and Subscribed the date above } John Dailey in open court. } W m H. Kennedy
We Thomas Barton and James Davison Jr Esq residing in the township of Oxford in said county, certify that we are well acquainted with John Dailey who has subscribed and sworn to the above declaration; that we believe him to be seventy two years of age, 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 & Subscribed, the day & year aforesaid } J. Davison Jr. in open court. } Thomas Barton W m H. Kennedy

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 there is no Clergyman residing in the neighborhood of said applicant; and that Thomas Barton and James Davison Junr Esquire are resident in the said township of Oxford, who have signed the preceding certificate that they are credible persons, and that their statements are entitled to full credit -
Wm Kennedy Wm McCallagh J. M. Blair P. D. Robertson
State of New Jersey
Warren County
I, James B Kennedy, Clerk of the Inferior court of Common Pleas in and for said County do hereby certify the foregoing to be the original proceedings of said court on the application of John Bailey for a pension, and further do certify that Wm Kennedy before whom the annexed affidavit of Thomas Barton was taken was and still is a Judge of the Inferior court of Common Pleas of said County duly commissioned and sworn as such and to whom official acts full faith and credit is due and further do certify that I am well acquainted with the hand writing of the said Judge and am satisfied that his signature to said affidavit is genuine - In testimony whereof I have hereunto set my hand and affixed my seal of office this seventh day of September A.D. 1832
J. B. Kennedy Clerk

State of New Jersey
Warren County ss: Before me one of the judges of the Court of Common Pleas of the County of Warren personally appeared Thomas Barton aged Sixty four years and upwards, who being duly sworn according to law saith that he was well acquainted in time of Revolutionary war with John Daily, then of Lower Mount Bethel in Northampton County Pennsylvania, now of Oxford in this county, who is applying for a pension under the act of Congress of June 7 th 1832. I know he went out in the Militia as a private, upon an alarm of the Indians killing a man by the name of Sarners, over the Blue mountain about beginning of harvest, & staid out till the fall, thinks John Nelson was Captain. don't know what year it was, but thinks it was the year before Sullivan attacked the Indians.
I recollect his going again in the actual service, & coming home from Virginia after Cornwallis had surrendered. must have been several months but can't say how long.
Thos. Barton
Sworn & subscribed the date above before me.
Wm. H. Haines

State of New Jersey
Warren County ss. I, William Kennedy before whom the within affidavit of Thomas Barton was taken certify that I am well acquainted with the said Thomas Barton; that he is a credible person; and that his statement is entitled to full faith and credit.
Witness my hand & seal the 26 th June 1833.
William Kennedy

Commonwealth of Pennsylvania.
Northampton County ss.
I, Anthony McCoy, a Justice of the Peace in and for said County, before whom the affidavits of Adam Seel and Thomas Sillyman were made, on the 27 th day of August A D 1832. on the application of John Dailey of Oxford township in the County of Warren and State of New Jersey for a pension under the act of Congress passed June 7. 1832. Certify, that I am well acquainted with the said Adam Seel and Thomas Sillyman; that they are credible persons, and that their statements, are entitled to full faith and credit;
Witness my hand, and seal the 30 th June 1833.
Anthony McCoy
Commonwealth of Pennsylvania Northampton County ss.
I William S Sebring Prothonotary of the Court of Common Pleas of the County aforesaid, do certify that the above acknowledged was made and taken was at the time then and there of and yet is an acting Justice of the peace in and for said County duly commissioned & qualified to act as such. That full faith & credit are due to all his official acts and the signature thereto is genuine. Witness my hand and the seal of said Court at Easton the twenty fourth day of June A D 1833.
Wm Sebring Protho.

State of Pennsylvania.
Northampton County ss. Before me Anthony McCoy Esquire, one of the Justices of the Peace in and for said county, on the twenty seventh day of August, in the year of our Lord, one thousand eight hundred and thirty two, personally appeared Adam Teel of said county who being duly sworn according to law, on his oath saith, that he is personally acquainted with John Daily of the township of Oxford, County of Warren and State of New Jersey; that in the Revolutionary War, the said John Daily served as orderly Sergeant for seven months , in the years 1779 & 1780. in the Company of Volunteer Rangers against the Indians, in the State of Pennsylvania commanded by Captain John Tannatta and Lieutenant John Fish. that this deponent served the same length of time as a private in said company. and further saith that that the said John Daily served six months in moving the French Army from Williamsburg in Virginia to Boston in the capacity of artillery driver. Hereby the said Sworn and Subscribed the date above before me Anthony McCoy not — Adam Teel
State of Pennsylvania.
Northampton County ss. Before me, Anthony McCoy Esquire, one of the Justices of the Peace in and for said county, on the twenty seventh day of August, in the year of our Lord one thousand eight hundred and thirty two, personally appeared Thomas Sellyman of said county, who being duly sworn according to law on his oath

saieth that he is personally acquainted with John Daily of the township of Oxford County of Warren and state of New Jersey that in the Revolutionary War the said John Daily served for seven months in the years 1779 & 1780 in the Company of Volunteer Rangers against the Indians in the state of Pennsylvania commanded by Captain John Panetta that this deponent was with the said John Daily in said service and saw him regularly discharged at the expiration of his term of service - and further saith not.
Thos Sellyman
Sworn and Subscribed the date above
before me Anthony M c Coy
Commonwealth of Pennsylvania Northampton County ss.
I William S Sebring Prothonotary of the Court of Common Pleas of the County of said Certify that Anthony M c Coy Esquire before whom the above Acknowledgement was made & taken was at this time there of and yet is an acting Judge of the Peace in and for the said County duly commissioned & qualified, and that the signature thereto subscribed is of the own proper hands writing of the said Anthony M c Coy. Witness my hands & seal of the said Court at Easton this twenty ninth Day of August in the year of our Lord one thousand eight hundred & thirty two. Wm Sebring Prothon.

State of New Jersey, Warren County ss. I, Phineas B Kennedy, Clerk of the Court of Common Pleas, in and for said County certify that the signature of William Kennedy, Esquire attached to the additional certificate of the
credibility of Thomas Barton, is genuine - and that the papers hereto attached (except the said additional certificate, and the addi- tional certificate of Anthony Mc Coy to the credibility of Adam Teel & Thos. Silliman, with the Prothonotars certificate attached to said Mc Coy being a justice) are the original
papers that were before said court, and their proceedings thereon on the application of John Bailey, for a pension. And that the said William Kennedy at the time of signing said certificate was a Judge of said court.
Witness my hand, & seal of office the 27 th day of June A.D. 1833.
P. Kennedy J.P.

11291
Gen. Darley N.D.
Return if
6 in private
7 in sep
$55-
Hand Conduct
Present
J. M. Sherard agt
Belvidere Warren co New Jersey

WAR DEPARTMENT,
Pension Office,
3 d June — 1836
Sir:
The evidence in support of your claim, under the act of June 7, 1832, has been examined, and the papers are herewith returned. generally The following is a statement of your case in a tabular form. On comparing these papers with the following rules, and the subjjoined notes, you will readily perceive that objections exist, which must be removed, before a pension can be allowed. The notes and the regulations will shew what is necessary to be done. Those points to which your attention is more particularly directed, you will find marked in the margin with a brace, (thus: { ). You will, when you return your papers to this Department, send this printed letter with them; and you will, by complying with this request, greatly facilitate the investigation of your claim.
A Statement, shewing the Service of John Bailey of Warren Co. New Jersey
   Period when the service was rendered. Duration of the claimant's service. Rank of the claimant. Names and Rank of the Company officers under whom he served. Names and Rank of the General and Field officers. Battles in which the applicant was engaged. Country through which he marched. Place of abode when he entered the service, and age at the present period. Evidence by which the declaration is supported.   Years. Months. Days.     Vol 1777 2 Private Capt. Alexander Sergeant Lieut. Benjamin Kirtland Ensign John McTear Genl. Greene Colo. Dryme From Shrewsbury - to White Marsh Hills - from Brandywine - to the Paokano Creek Northampton Co. Penna - aged 72 Judiciary & Living witness   Vol 1778 2 Sout Capt. Brock Lieut. Conelly About the Delaware and the road from Brandywine - back to Philadelphia   Vol. 1778 2 " Capt. Knapp Lieut. Huston Lieut. Col. Ophram Jr. Lieut. Col. Nelson   Vol. 1779 7 Ord. Serj. Capt. Van Lieut. Fish Ensign Sumner Scholys Flanked from the Delaware and went towards the Susquehanna   Abt 42 Artillery Genl. Mads North - Colo. Cartley Lieut. Alcott  
I am, respectfully,
Your obedient servant,
J. L. EDWARDS,
Commissioner of Pensions.

REGULATIONS UNDER THE ACT OF JUNE 7, 1832.
The following regulations have been adopted:
This law has been construed to extend, as well to the line, as to every branch of the Staff of the Army, and to include under the terms "Continental Line," "State troops," "militia," and "volunteers," all persons enlisted, drafted, or who volunteered and who were bound to military service, but not those who were occasionally employed with the army upon civil contracts, such as Clerks to Commissaries and to Store Keepers, &c. Teamsters, Boatmen, &c. Persons who served on board of Private Armed Vessels are also excluded from the benefits of the law, as well as persons who turned out as patrols, or were engaged in guarding particular places at night, and were not recognized as being in actual military service.
Four general classes of cases are embraced in this law:
 1. The Regular Troops.  2. The State Troops, Militia, and Volunteers.  3. Persons employed in the Naval service.  4. Indian Spies. 
As rolls of the regular troops of the Revolutionary War exist in this Department, all persons, claiming the benefit of this law as officers, non-commissioned officers, musicians or privates, will in the first instance, make application by transmitting the following declaration, which will be made before a Court of Record of the County where such applicant resides. And every Court having by law a seal and Clerk is considered a Court of Record.
DECLARATION,
In order to obtain the benefit of the Act of Congress of the 7th of June, 1832.
State, Territory, or District of } ss. County of }
On this _____ day of _____ personally appeared (a) before A. B. a resident (b) of _____ in the county of _____ and State, Territory or District of _____ aged (c) _____ years, who being first duly sworn, according to law, doth on his oath make the following declaration, in order to obtain the benefit of the provision made by the act of Congress, passed June 7th, 1832. That he enlisted in the Army of the United States in the year (d) _____, with _____ and served in the _____ (e) regiment of the _____ line, under the following named officers:
[Here set forth the names and rank of the Field and Company Officers; the time he left the service; (and if he served under more than one term of enlistment, he must specify the particular period, and rank and names of his officers;) the town or county and State in which he resided when he entered the service; the battles, if any, in which he was engaged, and the country through which he marched. [This form is to be varied so as to apply to the cases of officers and persons who belonged to the militia, volunteers, navy, &c.]
He hereby relinquishes every claim (f) whatever to a pension or an annuity, except the present, and he declares that his name is not on the Pension Roll of any Agency in any State, or (if any) only on that of the Agency in the State of _____
Sworn to and subscribed the day and year aforesaid.
A. B.
[And then will follow the certificate of the Court.]
And the said Court do hereby declare their opinion (g) that the above named applicant was a revolutionary soldier, and served as he states.
I _____ of the Court of _____ do hereby certify (h) that the foregoing contains the original proceedings of the said Court in the matter of the application of _____ for a pension.
In testimony whereof I have hereunto set my hand and seal of office (i) this _____ day of _____ &c.
If, on examination of the proper record the names of applicants, making such declaration, cannot be found, they will produce such proof as the rule given in note (j) points out.
Every applicant who claims a pension by virtue of service in the State Troops, Volunteers, or Militia, except those who belonged to the New Hampshire Militia and State Troops of Virginia, will make and subscribe a declaration similar to the foregoing, with the following additions, viz:
(k) We, A. B., a Clergyman, residing in the _____ and C. D. residing in (the same) _____ hereby certify, that we are well acquainted with _____, who has subscribed and sworn to the above declaration; that we believe him to be _____ years of age; that he is reputed and believed, in the neighborhood where he resides, to have been a soldier of the Revolution, and that we concur in that opinion.
Sworn and subscribed the day and year aforesaid.
[And then will follow the certificate of the Court.]
And the said Court do hereby declare their opinion, after the investigation of the matter, and after putting the interrogatories prescribed by the War Department, that the above named applicant was a Revolutionary Soldier, and served as he states. And the Court further certifies, that it appears to them that A. B. _____ who has signed the preceding certificate, is a clergyman, resident in the _____
and that C. D., who has also signed the same is a resident in the _____ and is a credible person, and that their statement is entitled to credit.
I, _____ Clerk of the Court of _____ do hereby certify that the foregoing contains the original proceedings of the said Court, in the matter of the application of _____ for a pension.
In testimony whereof, I have hereunto set my hand and seal of office, this _____ day of _____ &c.
Every applicant will produce the best proof in his power. This is the original discharge or commission; but if neither of these can be obtained, the party will so state under oath, and will then procure, if possible, the testimony of at least one credible witness, stating in detail his personal knowledge of the services of the applicant, and such circumstances connected therewith, as may have a tendency to throw light upon the transaction.
If such surviving witness cannot be found, the applicant will so state in his declaration (l) and he will also, whether he produce such evidence or not, proceed to relate all the material facts, which can be useful in the investigation of his claim, and in the comparison of his narrative with the events of the period of his alleged service, as they are known at the Department. A very full account of the services of each person

will be indispensable to a favorable action upon his case. The facts stated will afford one of the principal means of corroborating the declaration of the applicant, if true, or of detecting the imposition, if one be attempted; and unless, therefore, these are amply and clearly set forth, no favorable decision can be expected. All applicants will appear before some Court of Record in the County, in which they reside, and there subscribe and be sworn to, one of the declarations above provided, according to the nature of his case.
The Court will propound the following ( m ) interrogatories to all applicants for a pension, on account of service in the Militia, State troops, or Volunteers, except the Militia of New Hampshire and the State troops of Virginia.
 1. Where and in what year were you born?  2. Have you any record of your age, and if so, where is it?  3. Where were you living when called into service; where have you lived since the Revolutionary war, and where do you now live?  4. How were you called into service; were you drafted, did you volunteer, or were you a substitute? And if a substitute, for whom?  5. State the names of some of the Regular Officers, who were with the troops, where you served; such Continental and Militia Regiments as you can recollect, and the general circumstances of your services.  6. { To a Soldier. } Did you ever receive a discharge from the service, and if so, by whom was it given and what has become of it? { To an Officer. } Did you ever receive a commission, and if so, by whom was it signed, and what has become of it? 
7. State the names of persons to whom you are known in your present neighborhood, and who can testify as to your character for veracity, and their belief of your services as a soldier of the Revolution.
The Court will see that he answers to these questions are embodied in the declaration, and they are requested to annex their opinions of the truth of the statement of the applicant.
The applicant will further produce in Court, if the same can be done, in the opinion of the Court, without too much expense and inconvenience to him, two respectable persons -one of whom should be the nearest clergyman, if one lives in the immediate vicinity of such applicant, who can testify, from their acquaintance with him, that they believe he is of the age he represents, and that he is reputed and believed in the neighborhood to have been a Revolutionary soldier, and that they concur in that opinion. If one of these persons is a Clergyman, the Court will so certify, and they will also certify, to the character and standing of other persons, giving such certificates.
The traditional evidence of service is deemed very important, in the absence of any direct proof, except the declaration of the party. And the Courts are requested to be very particular in the enquiry whether the belief is general, and whether any doubts have ever existed upon the subject.
Applicants unable to appear in Court by reason of bodily infirmity, may make the declaration before required, and submit to the examination, before a Judge or Justice of a Court of Record of the proper county, and the Judge or Justice will execute the duties, which the Court is herein requested to perform, and will also certify that the applicant cannot, from bodily infirmity, attend the Court.
Whenever any official act is required to be done by a Judge or Justice of a Court of Record, or by a Justice of the peace, the certificate of the Secretary of State or Territory, or of the proper Clerk of the Court or County, under his seal of office, will be annexed, stating that such person is a Judge or Justice of a Court of Record, or a Justice of the Peace, and that the signature annexed is his genuine signature.
No payments can be made on account of the services of any person, who may have died before the taking effect of the act of June 7, 1832; and in case of death subsequent thereto, and before the declaration herein required is made, the parties interested will transmit such evidence as they can procure, taken and authenticated before a Court of Record, showing the services of the deceased, the period of his death, the opinion of the neighborhood respecting such services, the title of the claimant, and the opinion of the Court upon the whole matter.
[a] The declarant must appear in open Court, unless prevented from doing so by reason of bodily infirmity; in which case the declarant will follow the rule laid down for his guidance.
[b] The declarant must make his declaration in the county where he resides. If he should fail to do so, he must assign a sufficient reason for not conforming to the rule.
[c] The age of the claimant must invariably be mentioned.
[d] The declarant must mention the period or periods of the war when he served.
[e] Every continental officer or soldier must give the name of the Colonel under whom he served; otherwise a satisfactory examination of the claim cannot be had. Every claimant must state, with precision, the length of his service, and the different grades in which he served, in language so definite as to enable the Department to determine to what amount of pension he is entitled. In a case where the applicant cannot, by reason of 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 _____; 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 that 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.
[f] The law makes the relinquishment indispensable.
[g] The opinion of the Court is always required.
[h] The Clerk must give his certificate in every case.
[i] The Clerk must affix his seal, and if it has no device or inscription by which it can be distinguished from any other seal, or if he has no public seal of office, the certificate of a Member of Congress, proving the official character and signature of the certifying officer, should accompany the papers.
Mode of authenticating papers.
In every instance where the certificate of the certifying officer who authenticates the papers is not written on the same sheet of paper which contains the affidavit, or other papers authenticated, the certificate must be attached thereto by a piece of tape or narrow ribbon, the ends of which must pass under the seal of office of the certifying officer, so as to prevent any paper from being improperly attached to the certificate.
Proof of Service.
[j] In a case where the name of the applicant is not found on the records of the Department, he must prove his service by two credible witnesses who are required to set forth in their affidavits the time of the claimant's entering the service, and the time and manner of his leaving the same, as well as the regiment, company, and line to which he belonged. The magistrate who may administer the oaths must certify to the credibility of the witnesses, and the official character and signature of the magistrate must be certified by the proper officer, under his seal of office.
[k] The notes from [a] to [i] are all equally applicable to the cases of Militia men, Volunteers and State Troops. The proof required by rule in note [j] applies to continental troops only.
[l] This traditional evidence is indispensable in militia cases.
[m] If a witness cannot be found, the declarant must state the fact.
[n] The answers to the interrogatories must all be written, and sent to the War Department, with the declaration.

New York
INVALID.
File No. 865
John Dailey. Bus. N.Y. Univ.
Act: June 7, 1892.
Index:—Vol. 2 , Page 88
[Arrangement of 1870.]
Pa-