Revolutionary War Pension and Bounty Land Warrant Application File S. 29,106, Jediah Day, Mass.

SERVICE
NUMBER
Mass.
Day, Jediah or Jedediah
S. 29,106
CONTENTS

10824 Massachusetts
Gedediah Day
of Ht. Springfield in the State of Mass who was a Private in the Company commanded by Captain Heat of the Regt commanded by Col. Shepard in the Mass line for 2 years
Bill
Inscribed on the Roll of Massachusetts at the rate of 80 Dollars — Cents per annum, to commence on the 4th day of March, 1831.
Certificate of Pension issued the 27th day of April 1833, and Lieut. Genl. Salmon W. Spring Mass
Arrears to the 4th of March 1833 $160.00 Sem-ant. allowance ending Sept 11, 40.00 $200.00
{ Revolutionary Claim, Act June 7, 1832. }
Recorded by W. Addison Clerk Book 6 Vol. 2d Page 16
79 Hampden

8463
Jedediah Day
Private 2 years
on Roll on list 10 Apr 1777 - discharged 10 May 1780
Saw Lathrop West Springfield Mass.

BRIEF in the case of  Jedidiah Day.  of  Westspringfield  in the State of  Mass!  (Act 7th June, 1832.)
 1. Was the declaration made before a Court or a Judge? Open Court  2. If before a Judge, does it appear that the applicant is disabled by bodily infirmity?  3. How old is he? Seventy seven 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. As a     enlisted In 1777. June 3 Gen. Schuyler. Gates, Washington Capt. Keat. Col. Shepard.  
 5. In what battles was he engaged? Bemisheighths, Monmouth,  6. Where did he reside when he entered the service? Westspringfield  7. Is his statement supported by living witnesses, by documentary proof, by traditional evidence, by incidental evidence, or by the rolls? two persons certify to traditional evidence Enoch Bly proves enlistment for 3 years & some served. Luke Bly. proves the same  8. Are the papers defective as to form or authentication? and if so, in what respect? 
I Certify that the foregoing statement and the answers agree with the evidence in the case above mentioned.
J. H. Hark Examining Clerk.

Jedidiah Day
8465
1777-9-3 years-
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Commonwealth of Massachusetts } P.P. County of Hampden
On this tenth  twenty seventh day of August 1832 personally appeared in open Court before the Judge of the Court of Probate for this county now sitting Seddiah Day a resident of North Springfield in the county of Hampden aforesaid a state of Massachusetts aged seventy seven 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, & served as hereinafter stated - That in the month of May or June 1777, he enlisted into the service of the United States for the term of three years under Lieut. Abiel Booley of this town, & marched under him to the North river, where he was attached to the company under the command of Captain Keap, & Ensign Jackson. Booley continued in the same company as Lieutenant William Shepard was Colonel of the Regiment, which belonged to Glover's Brigade - that soon after having joined the army, the troops were sent up the river, by water to Albany, & then were marched to Saratoga - The command of the troops here at that time devolved upon Genl. Schuyler - & he continued in command till the main army arrived, when Genl. Gates assumed the command - That he continued in the service, & was in the battle at Bemis' Heights, which preceded the surrender of Burgoyne - that he was in the pursuit of Burgoyne's army when they retreated & was present at their surrender - That soon after the surrender, Shepard's Regiment went down the river to Albany, & there took some vessels & went down the river some 40 or 50 miles, when they landed & marched to join the army under Genl. Washington in Pennsylvania - The name of the place where the Regiment joined the army of Washington, is not within my recollection - Washington there reviewed the Regiment, & that was the first he ever saw him - Soon after this, the army went into winter quarters at Valley Forge - The British army had their winter quarters in Philadelphia - As soon as the army moved out of Philadelphia, the American army followed them, and at Monmouth in New Jersey, a severe action took place, in which he was present - Soon after this battle the Shepard's Regiment was marched to Rhode Island - They lay on the island a few days when they were attacked by the British & had a very sharp contest with them. In the time of the action, the greater part of Shepard's Regiment was sheltered by a stone wall - That they retreated about half a mile after the action & on the

following night moved off the island & marched to Providence, where they went into winter quarters - That previous to leaving Valley Forge, he was appointed waiter to William Vanhorne who was Chaplain of Sheppard's Regiment - After the Regiment went into winter quarters at Providence he went, with the Chaplain on furlough to the place of his residence near Philadelphia - That he remained with his chaplain during the winter & returned with him to Providence the next spring - That on his return he visited West Springfield on a furlough for a very few days & then joined the army at Providence. That he does not recollect precisely the time when they left Providence nor the course of their first movement - But that immediately after the news of the burning of Fairfield & Norwalk they marched with all speed to these places & arrived there just in time to behold the smoking ruins - That he cannot now, recollect, the movements of that branch of the army to which he belonged during the summer & fall of 1779 - That he was engaged in no battle & does not remember any fighting - That the regiment went into winter quarters, if he recollects right, at White Plains - That the Chaplain again returned to Pennsylvania, & that he the said Day accompanied him as his waiter & remained with him during the winter, & rejoined the army in the spring of 1780 - That after the expiration of the three years, he was discharged - That he had a regular discharge in writing, but he considered it of no use after the termination of the war, & took no pains to preserve it, & knows not what became of it - The said Day says that when his Chaplain left Providence in the fall of 1778, he had a furlough to visit his friends a very short time in West Springfield, & that he overtook Mr. Vanhorne at New Haven & accompanied him from that place - That on this journey he rode a gray horse which belonged to the public, under an order from the Captain of his company.
That there was no person from this town living with him at this time, except Edean Jones who is dead - and he knows of no person living who was with him in this service -
That he was born in the town of West Springfield on the 18 th day of March 1755, & has ever lived in this town - That he knows of no record of his birth - That he entered into the service by voluntary enlistment -
He further states that he is well known to Charles Mott Esq. Herman Day Esq. Saml Lathrop Esq. Justin Fly Esq. who can testify to his character for veracity & to their belief of his services as a soldier of the Revolution -

We hereby relinquish all claim whatever to a pension or annuity, except the present, & declare that his name is not on the pension roll of the Army of any State.
Sworn to & subscribed the day & year aforesaid.
Jedediah Day
We Samuel Lathrop & Heman Day residing in West Springfield aforesaid, hereby certify, that we are well acquainted with Jedediah Day who has subscribed & sworn to the above declaration. That we believe him to be seventy seven years of age - that he is respected & believed, in the neighborhood where he resides to have been a soldier of the revolution & that we concur in that opinion. Sworn to & subscribed the day & year aforesaid.
Samuel Lathrop
Heman Day
Sworn to & subscribed the day & year aforesaid
And the said court, Presided the Hon. Samuel Oliver B. Morris Judge - after the investigation of the matter and after putting the interrogations prescribed by the War Department, do hereby declare their opinion that the above named Applicant was a Revolutionary soldier and served as he states.
And the said court further certifies that it appears to them that Samuel Lathrop and Heman Day who have subscribed the proceeding certificate are residents in said West Springfield and are both credible persons & that their statement is entitled to credit.
I Justice William Register of said Court of Probate do hereby certify that the foregoing contains the original proceedings of said court in the matter of the application of Jedediah Day for a Pension.
In testimony whereof I have hereunto set my hand & the seal of said court this twenty seventh day of August in the year of our Lord one thousand eight hundred and thirty two.
Justice William Register

Jedidiah Day
8465
1777-9-3 years-
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29106 INVALID. Ray
File No. 92106
Jedediah Day P Rev. Me
Act June 1 st 82 nd
Index: Vol. 2 Page 102
[Arrangement of 1870.]

I Enoch Ely of North Springfield in the county of Hampden & commonwealth of Massachusetts of lawful age depose & say that Pedediah Day of this town enlisted into the United States service in the continental army in the spring of 1777 for the term of three years. That he soon after marched from this town under the command of Lieut. Cooley - that in the fall of 1778 & again in the spring of 1779 he came home on a furlough of one or two weeks, & then returned. I recollect that when he came home on the furlough, he came on a gray horse. He did not return home again after this time until his three years service had expired. I live in the immediate neighborhood of the said Day -
Enoch Ely
Commonwealth of Massachusetts
Hampden ss. On the seventh day of August 1832, the above named Enoch Ely, repeated to be a man of truth & veracity, personally appeared & made oath to the truth of the foregoing affidavit by him subscribed.
Before me Sam Lathrop Justice of the Peace

I Jule Ely of West Springfield in the county of Hampden & Commonwealth of Massachusetts of lawful age depose & say that Sedediah Day of this town enlisted into the continental service of the United States in the spring of the year 1777 - That he left this town under the command of Lieutenant Cooley of this town soon after his enlistment - That he enlisted for the term of three years - He came home twice I think during the three years on a furlough & remained at home a few days each time - once I think in the fall of 1778 & the next time in the spring 1779 - He was absent at this time for the whole three years except the two furloughs above mentioned - I live in the immediate neighborhood of the said Day
Jule Ely
Commonwealth of Massachusetts
Hampden ss On the seventh day of August 1832, The above named Jule Ely, with whom I am well acquainted, & who maintains a good reputation for truth & veracity, personally appeared & made oath to the truth of the foregoing affidavit by him subscribed
Before me Sam Lathrop Justice of the Peace

BRIEF objections to the admission of Pension Claims, of which those answered in the negative, in red ink, will apply to the claim of Jedediah Day  which require further proof or explanation.
I. Does the declaration show where the applicant resides? ng II. Did the declarant make the declaration in the county where he resides? ng 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? ng IV. Has the declarant mentioned the period or periods of the war when he served? ng 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? ng VI. Has he given the names of the officers under whom he served, in conformity with the regulations? ng VII. Has he made a relinquishment of every claim to any other pension than the one under the Act of June 7, 1832? ng VIII. Has the Court given their opinion? ng IX. Has the Clerk given his certificate? ng 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? ng

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 has produced a witness or witnesses as to his service, has the magistrate who administered the oath certified that he, she, or they are persons of credibility? yes Has the official character and signature of the magistrate been certified by the proper officer under his seal of office? no 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? yes XVI. ‡ Are the papers authenticated as the regulations direct? no XVII. Are the seven interrogatories prescribed by the War Department answered satisfactorily? And, if not, which of them is not so answered? unanswered
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 the 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.
† 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 authenticated 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 end 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.