Revolutionary War Pension and Bounty Land Warrant Application File W. 10308, Daniel Day, Mass.

SERVICE
NUMBER
Mass.
Day, Daniel Ambrey
W 10308
CONTENTS

10.812 Worcester
10.812 Massachusetts
Daniel Day of Worcester in the State of Mass who was a Pirate in the company commanded by Captain _____ of the _____ commanded by Col Putnam in the _____ line for 8 Moys.
Mich & Cull
Inscribed on the Roll of Mass at the rate of 26 Dollars 66 Cents per annum, to commence on the 4th day of March, 1831.
Certificate of Pension issued the 26 th day of Ap r 1833 and sent Joseph G. Kendall Westminster Mass.
Arrears to the 4th of Ap r 1833 $53.32 Semi-ant. allowance ending 21 Ap r 1833 $66.65
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded by J H Sp o Blair Clerk, Book 8. Vol. 2, Page 16,

805 Massachusetts Aubrey Day widow of Daniel Day who served in the Revolutionary
war, as a Private
Mass Inscribed on the Roll at the rate of 26 Dollars 66
Cents per annum, to commence on the 4th day of March, 1848. September 1850
Certificate of Pension issued the 22 day of June 1851 and sent to
Samuel Lee Franklin Mass.
Recorded on Roll of Pensioners under act July 29, 1848, Page 38 - Vol. 4.

No 934 .
Aubrey Day, widow of Daniel, Mass.
Act 29 July 1848,
Married 1799
Hus d died 4 Sept 1850
Adm 8 mos 9 d s p 26:166. per ann Comg 4 Sept 1850
Samuel Lee, Templeton, Mass.

Commonwealth of Massachusetts Worcester ss.
I, Charles G. Prentiss, Register of the Court of Probate for the County of Worcester do certify, that Thomas Brinscatt is the Judge of said Court, duly commissioned and qualified - and that his signature to the Certificate hereto annexed, is genuine.
In testimony whereof I do hereunto set my hand and affix the seal of said Court this twenty fourth day of May, in the year of our Lord, one thousand eight hundred and fifty- one.
Chas. G. Prentiss, Register

Transcript from the Records of the Town of Winchendon "I hereby certify that on the twenty ninth day of September A D One Thousand seven hundred and ninety nine Daniel Day and Ambrey Bornee both of Winchendon were joined together in marriage by me Saml. Coos by Justice of the Peace,"
I certify that the above is a true copy of the Record with the exception of the date which is expressed on the record in fair legible figures as follows "Twenty ninth day of September A D 1799 Webster Whitney Town Clerk"
I Webster Whitney above named depose and say that I hold
Commonwealth of Massachusetts.
WORCESTER COUNTY, ss.
I, CHARLES W. HARTSHORN, Clerk of the
Judicial Courts
for the County and Commonwealth aforesaid, do hereby certify, that B. O. Tyler on the Twenty First day of May A.D. 1857 was and still is
a Justice of the Peace, in and for said County, duly commissioned and qualified, and authorized by the laws of this Commonwealth, to take the acknowledgement of deeds, and administer oaths, and that his signature to the Certificate of Oath upon the deposition of Webster Whitney hereunto annexed is genuine.
Given under my hand, and the seal of said County , this Twenty Fourth day of May , in the year of our Lord one thousand eight hundred and fifty one.
Chas. W. Hartshorn
Clerk.

Transcript from the Records of the town of Winchendon "I hereby certify that on the twenty ninth day of September A D One Thousand seven hundred and ninety nine Daniel Day and Ambrey Bornee both of Winchendon were joined together in marriage by me Saml. Coos by Justice of the Peace,"
I certify that the above is a true copy of the Record with the exception of the date which is expressed on the record in fair legible figures as follows "twenty ninth day of September A D 1799 Webster Whitney Town Clerk
I Webster Whitney above named depose and say that I hold the office of Town Clerk, in the town of Winchendon, County of Worcester and State of Massachusetts and that the above is a true extract from the records of said town of Winchendon with the exception above named as certified by me Webster Whitney Town Clerk of Winchendon
Winchendon May 21 1851
Sworn before me
B. O. Tyler
Justice of the Peace

State of Massachusetts
Worcester County ss. On this twenty second day of May 1851. Personally appeared before the Probate Court of the County aforesaid Ambrey Day a resident of Winchendon in the County of Worcester aged sixty nine years, who being duly sworn according to law doth on her oath make the following declaration in order to obtain the benefits of the provisions made by act of Congress passed July 29. 1840. That she is the widow of Daniel Day of the State of Massachusetts, who was a private in the Army of the Revolution. That the evidence of his services in the Army are among archives of the War department. That he was a pensioner under the law of the United States of the 7 th June 1832. That he was entitled to receive Twenty six dollars sixty six cents per annum. That his pension Certificate bears date the twenty sixth day of April One Thousand eight hundred and thirty three, and numbered 10.812
She further declares that she was married to the said Daniel Day on the twenty ninth day of September in the year seventeen hundred and ninety nine. That her said husband the aforesaid Daniel Day died on the Third day of October 1850. That she was not married to him prior to his leaving the service, but the marriage took place previous to the second of January Eighteen hundred and fifty one at the time above stated. She further declares that she is now a widow, and that she has never before made any application for a pension
Ambrey Day
Sworn to & subscribed on the day and year above written before me
Thos Winchendon. Judge of P. Court

Danai Day
Hendall
HR Jan. 17. 1833

DECLARATION, in order to secure the benefit of the Act of Congress, passed June 7, 1832.
COMMONWEALTH OF MASSACHUSETTS.
COUNTY OF WORCESTER, ss.
ON this Seventeenth day of October in the year of our Lord, eighteen hundred and thirty two personally appeared in open Court, before Nathl. Daine Judge of Probate for the County of Worcester now sitting - Daniel Day a resident of Winchendon in the County of Worcester and Commonwealth of Massachusetts, aged Seventy 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 7th 1832.
THAT he entered the service of the United States under the following named officers and served as herein stated.
He states that he was born in the Town of Winchendon July 1782 - has lived and resided there ever since - expects there is a Record of his age at Winchendon - lived at Winchendon when called into service - entered the service by voluntary enlistment - That in the month of Sept. 1779. he enlisted into a Company of militia commanded by a Capt. Henry for the term of Two months - That he went from Winchendon directly to Boston and from there on to Castle William where he joined his Company - That he with the rest of the Company were employed during the whole term in repairing the Forts on the Castle and Governor Island - does not remember the name of any other Officers - has no documentary evidence of his service - and knows of but one man who can testify for him, and that is Abel Brown now residing at a place called Parishville, near Potoski in the State of New York at the distance of nearly four hundred miles - He served the whole term of two months when he was dismissed and returned directly home to Winchendon
2 months
That having again enlisted into the service of the United States in the Continental Army for the term of two Six months, he on the 9 th day of July 1780 with several others belonging to Winchendon, started and proceeded by the way of Leicester to Springfield, Massachusetts, where Capt. Daniel Shays, took command of them and conducted them to Westpoint. That he was there attached to a Company commanded by a Capt. Soule. He believes the Lieutenants & Ensigns, names were Holand, being Brothers - his orderly Sargeants name was Pake - The Company was attached to Col. Putnam's Regiment, General Nixon's Brigade - after tarrying sometime at Westpoint - the Brigade and he thinks two or three others crossed the River at Westpoint and proceeded down the Hudson River to Kings Ferry where they again crossed the River and marched into New Jersey, and encamped so near New York that they could hear the morning guns from that City then in possession of the British - That they remained in the Jerseys during the Summer & fall and returned to Westpoint he believes in December - That while he was at Westpoint the Soldiers were frequently ordered out into the Country to do the work of threshing for the Inhabitants in order to procure Bread for the Army - That he continued in the service until the full term of Six months had expired when he was dismissed, and he returned home in the month of January 1781 - has documentary evidence of his service but produces the Deposition of George Coffin in proof -
6 months
He hereby relinquishes every claim whatever to a pension or annuity except the present, and declares that his name is not on the pension roll of the agency of any state.
Sworn to and subscribed the day and year aforesaid.
Before Nathl. Daine Judge of Probate for the County of Worcester
Daniel Day

We Samuel Simonds a Clergyman residing in the Winchendon and  Benjamin Rice residing in the same Town hereby certify that we are well acquainted with Daniel Day who has subscribed and sworn to the above declaration, that we believe him to be Seventy years of age, that he is reputed and believed in the neighborhood where he resides, to have been a soldier of the revolution, and we concur in that opinion. Sworn and subscribed the day and year aforesaid.
Nathl. Paine Judge of Probate for the County of Worcester
Samuel Simonds  Benjamin Rice
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 mentioned applicant was a revolutionary soldier, and served as he states. And the court further certifies, that it appears to them that Samuel Simonds who signed the preceding certificate, is a clergyman, resident in the Town of Winchendon and that Benjamin Rice who has also signed the same is a resident in the Town of Winchendon and is a credible person, and that their statement is entitled to credit.
Nathl. Paine Judge of Probate for the County of Worcester
I Heaphy Wheeler Register, Clerk of the Court of Probate do hereby certify that the foregoing contains the original proceedings of the said Court in the matter of the application of Daniel made, is a copy of the Day for a pension. I that Samuel Simonds before whom the annexed affidavit was IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal of said Court this eighteenth day of October in the year of our Lord eighteen hundred and thirty two
Heaphy Wheeler Register of the Court of Probate for the County of Worcester in Massachusetts

I George Coffin of Winchendon in the County of Worcester and Commonwealth of Massachusetts do testify and declare. That I have personal knowledge of Daniel Days being in the service of the United States during the Revolutionary War in the year 1780. That he was attached to and belonged to Col. Putnam's Regiment, and Gen. Nixon's Brigade. That I frequently saw him while he was out. That we were at Stationed a part of the time at Westpoint & a part of the time in the Jerseys. That the length of time for which he was engaged I believe to be Six months. That I was myself a soldier of the Revolution at the same time.
George Coffin
Commonwealth of Massachusetts
Worcester County ss. Oct. 17 th 1892. Then Personally appeared George Coffin and made solemn oath that the above Declaration by him submitted is just & true - and I do hereby certify that full faith and credit ought to be given to his testimony, being considered a man of truth and veracity.
Samuel Lee. Jur. P. 1892

Cambridge Mass
in Roll 600 Putnam's Rest 6 Months
Prob 8 Mos
$26.66.
Joseph G. Kendall Leicester Mass

WAR DEPARTMENT,
Pension Office,
Sir:
The evidence in support of your claim, under the act of June 7, 1832, has been examined, and the papers are herewith returned. 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 Daniel Day Worcester County Mass
   Period when the service was rendered. Duration of the claimant's service. Rank of the claimant. Names and rank of the Field officers under whom he served. Age at present, and place of abode when he entered the service. Proof by which the declaration is supported.   Years. Months. Days.     enlisted 1779 2 Capt Henry M c Donell 71 years Worcester Sworn before me for War service No record given in the first hour   1780 6 Capt Has Col Putnam County Mass  
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 in 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) _____, who has 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 days 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 the 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 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 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 [j] 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.

Rev WIDOW, &c.
File No. 10308
Ambrey Day Wid. of Daniel Day Pvt Rev. War
Act: July 29 th 48
Index:—Vol. A , Page 168
[Arrangement of 1870.]

Payments to be made at Boston Mass by the Re. & F. B. Bank Agent for paying Pension- ers, in the Agency of Mass.
Always resided in Winchendon
Recorded in the Pension Of- fice, in Book 4. Vol. 2.
Page 16 by
J. H. ... Clerk.

WAR DEPARTMENT.
Revolutionary Claim.
I certify that, in conformity with the law of the United States of the 7th June, 1832, Daniel Day of the State of Massachusetts who was a Private in the Army of the Revolution.
is entitled to receive Twenty Six — dollars and Sixty Six cents per annum, during his natural life, commencing on the 4th of March, 1831, and payable semi-annually on the 4th of March, and 4th of September, in every year.
Given at the War Office of the United States, this Twenty Sixth day of April one thousand eight hundred and thirty-three
Lewis Cass
Secretary of War.
Examined and Countersigned. }
J. L. Edwards
Commissioner of Pensions.

James E Heath Esquire
Commissioner of Pensions

Ferrystleton (Mass s ) May 27. 1850.
James E Heath Esq s Commissioner of Pensions
Enclosed is the declaration of Ambrey Day for a pension - also her husbands pension certificate - Mrs Day not having received or made application for the amount due her husband from the 4 th of Sept r to the time of his death - it is supposed that she would be entitled to pension from and after the 4 th Sep r 1850 -
If a certificate is granted. Please forward it to me at Ferrystleton Massachusetts.
With respect, your obed t . Servant Samuel Lee.