Revolutionary War Pension and Bounty Land Warrant Application File R. 2,784, James Day, Va.

SERVICE
U u.
Day, James
NUMBER _____
R. 2784
CONTENTS

1866.
Disbanded
See list Sept 5 - 1883 to.
L. Bacon
Steam Mill Grove
pa

James  BRIEF in the case of Samuel Day  County of Wachapreague in the State of Va (Act 7th June, 1832.)
 1. Was the declaration made before a Court or a Judge? Open Court a Judge  2. If before a Judge, does it appear that the applicant is disabled by bodily infirmity? yes  3. How old is he? 80 years  4. State his service, as directed in the form annexed. 
   Period. Duration of Service. Rank. Names of General and Field Officers under whom he served.   Years, Months, Days.     a dependent States that he entered at the commencement of the revolutionary war & served about nine yrs As a Gen. Capt Daniel Genl Gates Col Paulsen   9 —   Since dead  
 5. In what battles was he engaged? none  6. Where did he reside when he entered the service? Richmond Va  7. Is his statement supported by living witnesses, by documentary proof, by traditional evidence, by incidental evidence, or by the rolls? Traditionary evidence  8. Are the papers defective as to form or authentication? and if so, in what respect? Correct 
I Certify that the foregoing statement and the answers agree with the evidence in the case above mentioned.
Richard Elliott Examining Clerk.

21.801

State of Virginia Mecklenburg County to wit:
On this first day of March 1831. personally appeared before me John F. Finch a justice for this County Court it being a court of Record, James Day a resident in said County aged 80 years who being first duly sworn according to law, doth on his oath make the following declaration in order to obtain the provisions made by the Acts of Congress of the 18 th of March 1818, and the first of May 1820. That he the said James Day was enlisted into the Continental service of the State of Virginia into the Company Commanded by Capt. Daniel at Richmond about the Commencement of the Revolutionary War: (that he does not remember the day of the month nor year) and was marched by the said Capt. Daniel to Hillsborough in the State of North Carolina where the said Company joined the Southern Army Commanded by Major General Gates when the said Company was attached to the 2 nd Reg t Commanded by Col. Falkner, that he was enlisted for three months but he continued to serve until the Army was defeated by the British Troops under the Command of Lord Cornwallis and after the defeat he was marched to many other places for some considerable time & was finally discharged by Col. Falkner at Guilford Court House in consequence of a wound received in his left leg occasioned by a fall from a waggon horse he being detailed to the service of waggoner to the Army that the wound thus received was attended with a very bad fracture in the principal bone of his leg inasmuch that the Doct r (Lancelot Johnson) was compelled to take out a part of the bone about two or three inches long in order to prevent Amputation, that from first to last he served about nine months or upwards against the common enemy before he reached his home in Henrico County in the State of Virginia, he desired Col. Falkner to give him a regular written discharge but he did not

and said to him you are discharged get home if you can & after a length of time his leg so much mended that the Doct r was of opinion that he might venture to try to get home which he did after a considerable space of time through the Charity of the good citizens on the way, that it was with much pain & difficulty that he finally reached home, the fracture has been the occasion  on the occasion of an Ulcer ever since: That he is in indigent circum- stances inasmuch that he is unable to support himself & wife occasioned by age & infirmity that he has no other person in his family than himself & wife whose name is Mary aged Eighty six years that has been blind about sixteen years & she is now on the poor list of this County But for the help afforded his wife by the County him- self & wife must suffer for the necessaries of subsistence That he has no other property than a horse, & cow & calf, that he has no land But for the Charity of one of his sons should be without a home his son having given him the use of a small piece of land during life which is poor & he not able to cultivate it, he has been afflicted with a rupture between his stomach & Bowels for two years - That he hereby relinquishes every claim to a pension whatever except the present; That his name is not on the pension Roll of any State & the follow- ing are the reasons for his not making earlier application for a pension to wit: That he is an illiterate man & never knew until lately that Government had made such provisions for her soldiers that served in the Revolution- ary War: The declarant further states that previous to the foregoing services, that he had served as a minuteman to against the enemy who was attempting to get to Williamsburg, but was then discharged in about a month owing to the disappearance of the enemy & that he never has received a cent from government for any of his services - And in pursuance of the Act of Congress of the first of May 1820. I do solemnly swear that I was a resident citizen of the United States on the 18 th of March 1818. and that I have not since that time by gift, sale or in any manner disposed of my property or any

any part thereof with intent thereby so to diminish it as to bring myself within the provisions of the Acts of Congress entitled an act to provide for certain persons engaged in the land & naval service of the United States in the Revolutionary War: passed on the 18 th 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 foregoing statement - as well as he now remembers the property he had on the 18 th March 1818, was one horse, five head of cattle, & about fifteen hogs and the change that has been in his property since is that it has been reduced to what I have before stated by his necessities to make out a support for himself & wife (his not being able to work) that he is in such indigent circumstances as to be unable to support himself without the assistance of his country - his occupation is farming) He is not able to pursue it - his
James Day mark
Sworn to before me the date above -
J. H. W. C. H. J. P.
I John F. Finch one of the Justices of the Court in and for the County of Mecklenburg in the Commonwealth of Virginia do hereby certify that it appears to my satisfaction that the said James Day did serve in the Revolutionary War as stated in the preceding declaration against the common enemy for the term of nine months under one engagement on the Continental establishment, I also certify that I have retained a copy of the foregoing oath & the schedule of property therein & that I will return the same to the Clerk's Office of this County there to be recorded and that the said property it is my opinion the property therein mentioned is not of value more than forty dollars - and it is further my opinion

that the declarant is not well able to attend the Court of this County for the next Session from the appearance of his bodily disease & infirmity, that from what I am informed & verily believe that he has been afflicted for the space of two years with a disease called a rupture between the Stomach & Bowels; I have therefore advised the foregoing Oath. Given under my hand and seal the day & year first before mentioned.
J. H. West Jp Seal
+

State of Virginia Mecklenburg County (to wit:)
On this 7 th day of August 1832. personally appeared before me a Justice of the peace for this County Court it being a court of Record James Day resident in said County Aged about Eighty one 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. He states that his declaration of the first of March 1831. hereto attached contains all the accounts of the manner in which he entered the service of the Continental line of Virginia in the Revolutionary War & of his quitting the same He herein begs leave respectfully to refer the Hon ble Secretary of War to the same as also to the evidence thereto subjoined & that he has no other evidence at this time to offer; He however states as in his former declaration that he was drafted into the Militia service previous to his enlistment into the Virginia Continental service & was detained in service as a Minute Man for about a month, that from first to last he served between ten & eleven months in the Revolutionary War? He deems it unnecessary to herein again repeat what is contained in that declaration & hopes the Hon ble Secretary of War will be satisfied with the contents of the said declaration so as to grant unto him all the benefits of the above recited Act. -
He hereby relinquishes every claim to a pension or annuity whatever except the present and declares that his name is not on the pension Roll of the agency of any State whatever - James his Day
Sworn to & subscribed the day & year aforesaid
James Lee mark

Know all men by these presents that I James Day of Mecklenburg county, State of Virginia do make ordain constitute & appoint Langston Bacon Jr to be my true lawful attorney for me in my name to receive from the Honb d Secretary of War Secretary of the Navy of the United States my certificate of pension when granted also all monies that may be granted unto me under the provisions of the Act of Congress of the United States passed June the 7 th 1832. and my said Attorney is hereby fully authorized & empowered to constitute and appoint one or more deputies or attorneys under him for the special purposes above expressed as Witness my hand & Seal the 7 th day of August 1832. —
Virginia
Mecklenburg county to wit:
James his Day mark 
Be it known that on this 7 th day of Aug t 1832 personally appeared James Day in the county aforesaid acknowledged in the above power of Attorney acknowledged the same to be his act & deed. In testimony whereof I have hereunto set my hand & Seal the day & year last above mentioned —
Virginia Mecklenburg county to wit:
James Greffo.
Be it known that on this 7 th day of Aug t 1832. before me in the county aforesaid personally appeared Langston Bacon Jr the Attorney named in the above mentioned power of Attorney and made oath that the same was not given to him by reason of sale , transfer, or mortgage of the pension or arrears of pension therein authorized to be received by him.
James Greffo.

10620 And I the said Jones Gee Justice as aforesaid further certify that the said James Day has been a professor of Religion for a number of years of the Baptist denomination and I further certify that it is not convenient at this time to obtain the certificate of a Minister of the Gospel. Given under my hand in the said County of Mecklenburg this 7 th day of August 1832
Jones Gee
I Jones Gee a magistrate for the County of Mecklenburg in the Commonwealth of Virginia do hereby certify that the declarant James Day in the within declaration was at the time he made oath before me (on the 7 th August last) entirely unable to attend at our Court at its then next Session had been unable to attend for some considerable length of time previous to that day, & particularly upon that day for it was with much difficulty that he could set up long enough to go through the necessary interrogatories for I then believed that he was upon his death bed I thought it would have been improper & unsafe to have even removed the Old man out of his house least he would have expired & as a proof of my belief he died the next day within a day or two afterwards; I also certify that I did not discover in his agent in this matter any disposition (Langston Bacon Jr) any inclination to dispense with or evade the regulations of the War Department or in manner whatsoever to practise any kind of deception or do I believe from what I know of his standing or that of his family would be guilty of any improper conduct in the management of this or any business committed to his care - Given under my hand in the County aforesaid this 11 th day of Sept. 1832
Jones Gee

I John Byng certify that I was present at the house of James Day on the 7 th day of August last when he qualified to the foregoing declaration & that I have lived near neighbour to him for forty odd years & that the said Day has been labouring under a disease of the a rupture of the Stomach & Bowels for a good many years, that for a considerable length of time previous to his being qualified to the said declaration I did not think him able to have attended at Mecklenburg Court house upon any occasion & more particularly about that time and furthermore I am of opinion that he died of the disease aforesaid I also further state that I have heard him very many times speak of his being in the War of the Revolution & of his sufferings in many ways & more particularly as regards the fracture in the principal bone of his leg which he said was occasioned by a fall from a waggon horse in retreating from the enemy at Gates's Defeat, he being waggoner to the Continental Army & I also further state the said James Day has had an ulcer upon his leg ever since I have known him. Given under my hand the 11 th day of Sept. 1832
his John X Byng mark
Virginia Mecklenburg County to wit:
This day John Byng personally appeared before me a justice for this County & made oath to the foregoing certificate in due form of law - Given is a credible witness under my hand. Seal the 11 th day of Sept. 1832
Jones Qu Jp.

And I Jones Gee ..... said Justice do hereby declare that I have attended at the house of the said James Day and that it is my opinion upon examining him from his ap- pearance of his age, infirmity & disease as set forth in his de- claration referred to that he is not well able to attend our Court at its next Session and that he was a revolutionary soldier as he has stated. Given under my hand Seal the 7 th day of Aug t 1832. Virginia Jones Gee
I John G. Baptist Clerk of Mecklenburg County Court do hereby certify that Jones Gee whose name is signed to the fore- going is now acting justice of the peace in the County afore- said duly qualified according to law & that his signature appears to be his usual signature. In testimony whereof I have hereunto set my hand Seal of Office this 8 th day of August 1832. -
John G. Baptist C.C.

James Wm Day
GENERAL FIELD MARSHAL
certifying officer should authenticate the signature of the officer the certificate of a member of the court or other certifying officer has no legal seal or stamp attached to the certificate. Under the seal of office of the certifying officer, as is present and paper from which imprints of seals must be attached thereto in a piece of paper or ribbon, the seal of which must also be affixed on the same sheet of paper which contains the signature or other paper authentication. The seal is in every instance, where the certificate of the certifying officer is not authenticated by the officer in the presence of the court or other officer. The seal of the officer should be affixed to the certificate and the officer should not authenticate the signature of the officer without the seal of office.

BRIEF objections to the admission of Pension Claims , of which those answered in the negative, in red ink, will apply to the claim of Samuel Day  Moore  len  bury  b c  V c 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? no
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? no
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?
XII. If the clergyman's affidavit has not been produced, is there any reason assigned for not obtaining it? yes
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?
XIV. †If the applicant's name is not found on the rolls of military service, has he produced a witness or witnesses as to his service? yes
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? yes
Has the proper officer certified to the official character and signature of the magistrate as the regulations direct? yes
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?
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.

9784
James Day
Service: _____
Test: _____, 18 .
Charged: _____, 18 .
REJECTED
Application filed: _____, 18 .
Pages: _____
Enlisted: _____
Money: _____
_____ Recognized. _____ Contract.
_____ Cert. of Dis. Searched for _____, 18 .

I Gustavus Smith Certify that James Day was in the Army of the Revolution, that I did not see him March but understood that he marched from Richmond in the time of the Revolutionary War, & that I resided in the County of Henrico where he resided & that he was absent from the County as I understood in the service about six months, that I saw him after his return & that his left leg was then sore & that it has been a running sore ever since occa- sioned as I am informed by a wound received from the fall from a horse whilst driving the commissary Waggon, I further Certify that he has been labour- ing under the disease of a rupture for upwards of two years, that he is in very indigent circumstances & not able from his age & affliction to support himself & wife & that his wife has been blind for many years, that I live near him & have lived near him in this County for many years & think him an object of pure Charity of his Country, that so long as he was able he supported himself & family in a respectable & as honest a manner as any poor man in his County. Given under my hand this 7 th day of March 1831. — Augustus Smith
his Mark
Mecklenburg County to wit
I do hereby Certify that Gustavus Smith appeared before me & made oath to the foregoing certificate in due form of law, & I also certify that I consider him a credible Witness Given under my hand this 7 th day of March 1831 — J. P. Hutcheson

Mecklenburg County to wit:
The within persons whose names are thereto subscribed personally made oath to the same before me a Magistrate for this County - that they are credible Witnesses, Given under my hand this day of March 1831 -
J.P.
I hereby certify that I was raised in the neighborhood of James Day & when I lived in his neighborhood I knew him the s d Day to be in very indigent circumstances only holding a small parcel of poor land & some stock - & I have no question but his circumstances have reduced from that time till now - his wife to my own knowledge is blind, & from his age & affliction he is not able at at this term of life support himself by his work. Thos. Reekes. Given under my hand this 7 th Mar. 1831.
Mecklenburg County (to wit)
The within above named Thos. Reekes whose name is thereto subscribed personally appeared before me J. P. Finch a justice of the peace for the County aforesaid & made oath to the foregoing certificate - & that he is a credible witness - Given under my hand this 7 th Mar. 1831.
J. P. Finch J.P.

We the undersigned neighbours & acquaintances of James Day certify that he is in very indigent circumstances from his affliction & age he cannot support himself & wife, that his wife has been blind for many years - Given under our hands this March 1831 - & we fur- ther certify that we think him an object of Charity to his country & requiring the help from his country -
Wiley Tucker
Joseph Lett
Binyon Peake
Hardway Lott
Dunwyl Lott