Revolutionary War Pension and Bounty Land Warrant Application File S. 5326, Heman Day, Mass.

SERVICE
NUMBER
Mass.
Day, Beman
S. 5326
carded
CONTENTS

79
Hampden
15.807 Wapachunette Woman  Day
West Springfield in the State of Massachusetts who was a Private in the Company commanded by Captain Stebbins of the Regt. commanded by Colonel Davidson in the Mass. — one year for 8 mos.
W.L.
Enrolled on the Roll of Wapachunette the rate of 26 Dollars 66 Cents per annum, to commence on the 4th day of March, 1834.
Certificate of Pension issued the 29 day of July 1833 and sent to Jaw. Lathrop W. Springfield
arrears to the 4th of March 1833 $ 53.33 Semiannual allowance ending Sept. — 13.33
$ 66.66
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded by W. L. Williams Clerk, Book C Vol. 2 Page 17

Mr. Lacy's recollections of early scenes of his life - the present, & elsewhere that his name is not on the list - of the property of any of the -
Yours & a friend the only place of refuge
Woman's Day
84.66
[Faint, mirrored bleed-through text from the reverse side of the page]
[Faint, mirrored bleed-through text from the reverse side of the page, mostly illegible.]
of James Wilson, Esq. of the Inner Temple, Esquire, late of the County of Middlesex, deceased, who at the time of his death was the owner of all that certain piece or parcel of land situated in the County of Middlesex, described as follows: (faded handwritten text describing land)

I John Porter of West Springfield in the county of Hampden & commonwealth of Massachusetts of lawful age depose & say that I enlisted into the United States service in the latter part of November or first of December 1775 as a minute man & marched immediately to Roxbury in this state. & that I remained there until about the first of March 1776 we had no engagement with the enemy but were employed principally in camp duty - Herman Day of this town was in the service in the same company with myself, enlisted at the same time & discharged at the same time. Thomas Stebbins of Springfield was Captain, myself & Cadwell of Wilbraham in this county Lieutenants.
John Porter
Commonwealth of Massachusetts
Hampden ss. On the fourth day of August 1832 the above named John Porter with whom I am well acquainted & who is a gentleman of truth & veracity personally appeared & made oath to the truth of the foregoing affidavit by him subscribed.
Before me Saml Lathrop Justice of the Peace
Commonwealth of Massachusetts
Hampden ss. I John Ingersoll a Clerk of the Common Pleas Court being a Court of Record in the County of Hampden do hereby certify that Samuel Lathrop Esq. before whom the annexed papers were verified is a Justice of the Peace for the County of Hampden and that his name therein subscribed is his true & genuine signature.
In testimony whereof I have hereunto set my hand & affixed the seal of the said Common Pleas Court at Springfield on this seventh day of May in the year of our Lord one thousand eight hundred thirty three John Ingersoll Clerk

I Simon Smith of West Springfield in the county of Hampden & Commonwealth of Massachusetts of lawful age depose & say that I enlisted into the United States service about the first of September 1776 - for the term of three months & that Heman Day of this town enlisted with me in the same company - That from this town we proceeded as far as Middletown in the state of Connecticut by water & then marched to near Kingsbridge in the state of New York - We then marched to Frogg neck where we remained two or three days when we again returned to near Kingsbridge where we pitched our tents but immediately took them up & marched to Valentines hill on that night - We remained at this place a few days & then proceeded to White Plains where we remained until our time had expired & we were discharged - John Morely of Westfield was Colonel - Wallis Lieut Colonel & - May Major of the regiment - Nathan Rowley of this town was captain of the company - Roger Cooley & Joseph Lerrick Lieutenants - The aforesaid Heman Day enlisted at the same time with me into the same company & was on duty all the while with me on this expedition & was discharged at the same time -
I further depose & say that I enlisted into the United States service in December 1776 & went to Scouderoga in the state of New York for the term of three months - That before my time had expired I should say about three or four weeks Heman Day of this town abovementioned arrived there in the company commanded by Capt John Morgan - & was stationed near us & remained there until after I was discharged. & further as to the service of the said Heman Day I cannot say.
Commonwealth of Massachusetts
Simon Smith
Hampden S.S. on this sixth day of August 1832 personally appeared the above named Simon Smith with whom I am well acquainted & who is a gentleman of truth & veracity & made oath to the truth of the foregoing affidavit by him subscribed -
Before me David Lathrop Justice of the Peace

I Medes Champion of West Springfield in the County of Hampden & Commonwealth of Massachusetts of lawful age depose & say that I enlisted  entered into the United States service in the month of February 1777, for three months as a waiter to my Father Reuben Champion to go to Ticonderoga in the state of New York - Herman Leay of this town enlisted with me at the same time  the same time - The company marched from this place through Bennington Hubbardston & Castleton, all in the state of Vermont without making any delay directly to Ticonderoga in the state of New York - & were immediately stationed on Mount Hope one or two miles from Ticonderoga where we remained until sometime in April when we before our time had expired were discharged - I think we were absent on this expedition two months or more. We had no duty but camp duty to perform while on Mount Hope - John Morgan was the Captain of the company & I do not now recollect that there were any other officers to the company David Leonard of this town I think was Colonel of the regiment - May Lieutenant Colonel, & Hale I think Major - Gen Lbayne was in command at that time - Herman Leay enlisted with me, was with me all the while on duty & was discharged & returned at the same time -
Medes Champion
Commonwealth of Massachusetts Hampden S.S. On this sixth day of August 1832 personally appeared the abovenamed Medes Champion with whom I am well acquainted & who is a gentleman of truth & veracity & made oath to the truth of the foregoing affidavit by him subscribed -
Before me Saml Lathrop Justice of the Peace

Commonwealth of Massachusetts 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 said county now sitting, Merian Day a resident of West Springfield in the County of Hampden aforesaid a coadjutor of Massachusetts aged seventy seven years who first being 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 into the service of the United States under the following named officers & served as hereon after stated.
about eight years ago, he thinks the latter part of Menominee or first of De Pere, under a requisition for a certain portion of the militia of the state of Wisconsin he turned over to go to the city in this state on a day of duty, for the term of about twenty, or he believes not less than that. That Thomas Stoddard during said war Captain of the battery, "Stoddard's Battery" of this state also participated. - That Captain Stoddard was Ensign or 2 d Lieutenant. That Col. Timothy Headlee was Colonel of the Regiment of the state which had enlisted in the regular service before this time, & he thinks that Stoddard was attached to this Regiment. - That he was major - that he accepted the service for which he was paid by the state government as a private until he was discharged, according to the best of his recollection about the first of Illerston. Francis Stoddard, Eliza Stoddard, Dan Stoddard, and all their children were with him in the service of the state at the time of the battle of Bad Axe.
The said Abner Day further declares, that, about the first of September 1776, he again entered the service for a term of three months under Nathan Rawley, Captain, Joseph Markick & Asaph Cady Lieutenants. with Simeon Smith, Walter Coffey, Dan Taylor & others from this town - that they went aboard a boat at Springfield, & proceeded by water as far as Middletown in Connecticut - from there they marched through New Haven, Stratford & Fairfield to Kings Bridge where they joined the American army, under the command of Genl. Washington - The Regiment to which he belonged was under the command of Col. John Nightingale, Col. William Webb & Col. John C. Hovey. That soon after their having joined the army, the Regiment to which he belonged and he thinks a considerable portion of the army, were marched down to Frog's Point or Frog's neck. That they were there stationed in sight of a portion of the British army, a wide marsh lying between them, & there was occasional firing across the marsh by the troops of both armies - that soon after

being ordered from Frog's point, They were marched back in the country to Valentine's hill, where They remained some days, & began to build a fort. That from thence, They retreated to the white plains & behind the white plains the British army encamped near us & remained there for some days & then retreated back to New York - Genl. Howe was was said to be in the command of the British troops - that he the said Day continued there in the army until after the period of his enlistment was out - That he is confident he saw Genl. Washington & Genl. Lee while on this service.
The said Norman Day further declares that in February 1777 he again entered the service, & under John Morgan of this town, Captain - That he marched to Ticonderoga, through Bennington, Hubbardston, and were stationed at Mount Hope one or two miles from the fort at Ticonderoga - That after his arrival there, he was appointed a 1st Lieut. in the 1st Regiment, under Colonel Stark of the town of Stark, New Hampshire - That the only duty they had to perform was that of keeping garrison & that he was discharged some time in the month of April & returned home - Genl. Wayne was the officer in chief command - David Leonard of this town, Major of Gookin's Williamsburg V. State of Connecticut was the Field officer of the regiment to which he belonged - The said Norman Day cannot say whether on this occasion he enlisted for a certain period, & if so, how long that time was. He is sure that he did not leave the service until the, & the others who went with him, both officers & men, were regularly discharged - That he has and had the impression on his mind, that the town of Dorris was a little distance too weak to be a Station. Champion of this town was captain of the Regiment to which he belonged & was at present there while he was there - Major Champion went out with the said Day as master to his father the Major of the Regiment - John Miller or Ladd from this town was with him in this service, but the company was small, & he did not recollect that it had any other officers besides the Captain.
That he was born in the town of March 1755. He has always lived in said town - That he thinks he has the the record of it in the records of the town of Springfield - that he knows of no other record, except the one made by himself - That in every instance of service during the war, he entered voluntarily.
That he is well known to all the old inhabitants of West Springfield and that Charles Ball Esq. Saml. Ladd Esq. Major Genl. Warren, Col Roger Gookin & Capt. Ely Esq. can testify to his character for unswerving & their belief of his services as a soldier of the revolution.

He hereby relinquishes every claim whatever to a pension or annuity as at the present, & declares that his name is not on the pension roll of the Agency of any State -
Sworn to & subscribed the day & year aforesaid
Heman Day
We Samuel Lathrop & Enoch Ely both residing in the town of West Springfield aforesaid, hereby certify, that we are well acquainted with Heman Day Esq. who has subscribed & sworn to the foregoing declaration - that we believe him to be seventy seven years of age - that it is generally reported & believed in the neighborhood where he resides that he was a soldier of the Revolution - & that we concur in that opinion.
Subscribed & sworn to the day & year aforesaid. Enoch Ely Sam Lathrop
And the said Court, Present the Hon. Oliver B. Morris Judge - after investigating the matter and after putting the interrogatories prescribed by the War Department, do hereby declare their opinion that the abovenamed Applicant was a Revolutionary soldier and served as he states - And the said Court do further certify that it appears to them that Enoch Ely & Samuel Lathrop who have signed the preceding certificate are residents in said West Springfield and are credible persons and that their statement is entitled to credit.
I Justin Willard 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 Heman 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
J Willard Register

8466
Heman Day
March 8 1835
14. 416 06
Apr. 26 1835
P 357.
Saml Lathrop
West Springfield
Mass:
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BRIEF in the case of Heinard Day of West Springfield 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. As a Names of General and Field Officers under whom he served.   Years, Months, Days. Gen.     Volunteer. In 1775 Dec 1. 3 Capt H. Stebbins. Col J. Davidson Major Sproat   1776 Sept 1 3 Capt Rosley. Col. Moseley. Lt Col Wessy   1777 Feb over 2 Capt Morgan Major May.  
5. In what battles was he engaged? none stated 6. Where did he reside when he entered the service? West Springfield 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 John Pater proves 3 mo's service in 1775. Simon Smith proves 3 mo's service in 1776. Mady Champion proves the service in 1777 with Capt Morgan. 8. Are the papers defective as to form or authentication? and if so, in what respect?
X  Certify that the foregoing statement and the answers agree with the evidence in the case above mentioned.
DA Kimb Examining Clerk.

DEPARTMENT OF THE INTERIOR,
BUREAU OF PENSIONS.
Washington, D. C., _____, 19____
In reply to your request of _____, received _____ for a statement of the military history of Heuman Day a soldier of the REVOLUTIONARY WAR, you will find below the desired information as contained in his (or his widow's) application for pension on file in this Bureau.
   DATES OF ENLISTMENT OR APPOINTMENT. LENGTH OF SERVICE. RANK. OFFICERS UNDER WHOM SERVICE WAS RENDERED. STATE.   CAPTAIN. COLONEL.     Nov. 2 nd Dec. 1775 March 1, 1776 Pvt. Thomas Stephens Timothy Davidson Mass.   Sept. 1, 1776 3 mos. Nathan Rowley John Moseley   July 1777 2 mos. Pvt. John Morgan David Leonard   Q.M. Sgt. under Pelatiah Bliss Quartermaster  
Battles engaged in, none stated
Residence of soldier at enlistment, West Springfield, Mass.
Date of application for pension, Aug. 27, 1832. His el. al.
Residence at date of application, West Springfield, Hampden Co. Mass.
Age at date of application, born Jan'y 17, 1755, at West Springfield, Mass.
Remarks: There is no data on file as to his family.
Respectfully,
Commissioner.

8466
Herman Lloyd
Samuel Lathrop West Springfield Mass.

BRIEF objections to the admission of Pension Claims, of which those answered in the negative, in red ink, will apply to the claim of Heenan Gray 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? Yes
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?
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? 6
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.

Rev see 171
409 Stuart Ave Kalamazoo, Mich
Commissioner of Pensions - Wash. D. C.
Please furnish pension record of Herman Day of Hampden Co. Mass a prisoner of the Revolution -
Rept
Mrs H. P. Strong
Feb 10, 1918.

1918 Feb 19. Hist. to Mrs. H. P. Sheng
Readway
5326
INVALID.
File No. 5326
Heeman Day
Pier Kaps Nöls
Act: June 1 st 1882
Index:—Vol. M , Page 89
[Arrangement of 1870.]