Revolutionary War Pension and Bounty Land Warrant Application File S. 17,917, Levi Day, Mass.

SERVICE
NUMBER
Mass.
Day, Levi
S. 17.917
carded
CONTENTS

840 B. 840 B.  New Hampshire to Concord N.H. Levi Day
of Grafton in the State of N.H. who was a Private in the Company commanded by Captain  of the Regt commanded by Col. Smith in the Mass line for 1 Year from Dec 1 st 1831
Inscribed on the Roll of N.H. at the rate of 10 Dollars 00 Cents per annum to commence on the 4th day of March, 1831.
Certificate of Pension issued the 20 th day of October 1832 and sent to Rev. Burns Heber Grafton N.H.
  Arrears to 4th of Sept 1832  5 60    Semi-ann. allowance ending Dec 33.  20     8 80  
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded by J. H.  Clerk Book  Vol.  Page 150
See Cir. Tra. Sept 1 st 35 To Belmont, from H. March 1835 - Sept 9 th 1835
Cir. Tra - Jan 20 th 35 Transf d to Concord N.H. - fr. Burlington for 4 th Dist 36 - Feb 7 th 37 -

Lower Days - 3756
• Dulation
Ex 2 W. B. E

I Siloam Short of Killingly in the county of Windham and State of Connecticut of lawful age and engaged according to law testify and say that I was acquainted with Levi Day who now resides in Hebron in the county of Grafton & State of New Hampshire in the year of our Lord one thousand eight hundred and seventy six that I was at the White Plains in the continental service in the revolutionary war and saw said Day there, and know that he was in the revolutionary service but cannot recollect the company or regiment that he belonged to, or the time that he served in said war - further the deponent saith Not Siloam Short
State of Connecticut } ss Killingly September 26 th 1831 Windham County } Be it remembered that on the day aforesaid Siloam Short who hath subscribed the foregoing deposition appeared before me and after being examined & cautioned to speak the whole truth made solemn oath to the same deposition, which was drawn up by me & subscribed by him in my presence - John Dixon Justice of the peace
I Thomas Burrows of Killingly in the county of Windham and State of Connecticut of lawful age and engaged according to law testify and say that in the year of our Lord one thousand eight hundred and seventy six I was acquainted with Levi Day who now resides in Hebron in the county of Grafton & State of New Hampshire that while the continental troops in the revolutionary war were at the White Plains I saw said Day in the revolutionary service and do know that he was in the revolutionary war for twelve months or more but do not recollect at this time the company or regiment, but well recollect that said Day was on guard with me several times, and further the deponent saith not his Thomas Burrows mark
State of Connecticut } ss Killingly Sept. 26 th 1831 Windham County } Be it remembered that on the day aforesaid Thomas Burrows who hath subscribed the foregoing deposition appeared before me and after being examined & cautioned to speak the whole truth made solemn oath to the same deposition, which was drawn up by me & subscribed by him in my presence John Dixon Justice of the peace

I Armin Bolles Clerk of the County Court within & for the County of Windham in the State of Connecticut do certify that John Dixon Esquire before whom the within affidavits were made is duly enrolled as a Justice of the Peace in & for said Windham County that the within signature of his name is in his hand writing & that full faith & credit ought to be given to his acts as such -
In testimony whereof I have hereunto set my hand & affixed the Public seal of said Court at Brooklyn in said County this 28 th day of September A.D. 1831
Armin Bolles Clerk
I Matthew Moffett of Plainfield in the County of Windham and State of Connecticut of lawful age & engaged according to law testify and say that in the year A.D. 1776 I was in the Continental service in the revolutionary war stationed at the White Plains at that time, while there I know that Levi Day was in the revolutionary service, and was at several times on guard with him & from my recollection he was in the service one year or more, and so far as I was acquainted with him I knew him to be a good & faithful soldier - What Company or Reg t he belonged at the time I do not recollect but know that he was in the service as above stated; and further the deponent saith Not
his Matthew Moffett
Mark State of Connecticut } to Killingly Sept. 26 th A.D. 1831 Windham County }
Be it remembered that on the day aforesaid Matthew Moffett who has here subscribed the foregoing deposition appeared before me and made solemn oath to the same deposition and was examined & cautioned to speak the whole truth - Which deposition was drawn up by me & subscribed by him in my presence
John Dixon Justice of the Peace

DECLARATION.
In order to obtain the benefit of the Act of Congress, passed June 7, 1832.
State of New-Hampshire, } ss. County of Grafton
On this twenty first day of August A.D. 1832, personally appeared in open Court, before the Judges of the Court of Probate , now sitting, Levi Day a resident of Grafton in the County of Grafton and State of N. H. aged 77 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
That he enlisted for the term of one year into the Co Commanded by Capt. — Root, Col. Jonathan Smith in the month of May A.D. 1776 at Painsborough in the of Massachusetts, and served one full year, for the part of the time as waiter to said Col. Smith. That entered the service by voluntary enlistment — was in the battle White Plains — Soon after enlisting went with Col. Smith to New York, from there went up North re three or four miles with the army, soon after Col. Smith was taken sick and went to Harsimus for the recovery of his health, went as waiter to take care of him, afterwards joined the army. was at the battle at the White Plains, Col. for the most part of the time afterwards at White Plains till discharged same time.

for the most part of the time afterwards at which Plains till discharged same time in May A.D. 1777 Does not recollect the names of any of the general officers - Never received any written discharge from an officer when he left the service He was born Feb. 17 th in Attleborough Ms - He has a record of his age in his Bible He has lived two or three years after the Revolutionary War in Leicesterborough afterwards - moved to Dedham Ms where he lived four or five years - moved to New London N.H. where he lived years - then moved to Hibernia N.H. where he lived till last year when he moved to Groton afterwards where he now lives - does not recollect the names of other officers except above named - never received a written discharge - He has no documentary evidence & that he knows of no person whose testimony he can procure who can testify to his service except Silvanus Short, Thomas Burrows & Nathan Moffett whose Dep- ositions are annexed to this declaration - He refers to Evan Bartlett and Jonathan George who can testify as to his character for veracity and their belief of his services as a soldier of the Revolution
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 8 year & day aforesaid Levi Day
We, Evan Bartlett residing in Hibernia N.H. and Jonathan George residing in Hibernia N.H., hereby certify, that we are well acquainted with Levi Day , who has subscribed and sworn to the above declaration; that we believe him to be 77 years of age; that he is reputed and believed, in the neighborhood where he resides, to have been a sol- dier of the Revolution, and that we concur in that opinion.
Sworn and subscribed the day & year aforesaid
Evan Bartlett Jonathan George
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 certifies, that it appears to them that Evan Bartlett who has signed the preceding certificate, is a resident in the town of Hibernia and that Jonathan George , who has also signed the same is a resident in the town of Groton and are credible persons, and that their statement is entitled to credit.
Edwener W. Allen Judge of Probate
I, Moses Dow 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 Levi
Day for a pension.
In testimony whereof, I have hereunto set my hand and seal of office, this twenty first day of August A.D. 1832 -
Moses Dow
(* Groton)
* Groton

[Signature] Selectmen of the town of Webron in the county of Grafton State of New Hampshire to be left at Plymouth Post Office

State of New Hampshire
Grafton ss - Court of Probate at Bristol August 21 st 1832 -
Ordered by the Court that the affidavits of Silvanus Root Thomas Burrows Matthew Moffett, be attached to the declaration of Lewis Day for an inquisition as evidence in the cause - Attest MOSES DOW Reg d
A word to my Brother my trembling hand forbids writing I am comfortable as to bodily health our family is in more health I learn you are supported with your daughter I trust God for what you have in his & trust him for what you want.
When in affliction remember the promises of God & meditate on them. See Romans 8 28 & on
The letter to me did not arrive for about 2 months after date I immediately attended to it Israel Day as your loving date,

W. Days
Paris
Am R. Burns YAR

APPLICATION FOR A TRANSFER.
County of Grafton
ss.
On this ninth day of January 1837, before me, the subscriber, a Justice of the Peace for the said County of Grafton personally appeared Levi Dey who, on his oath, declares that he is the same person who formerly belonged to the Company commanded by Captain Root in the Regiment commanded by Colonel Smith in the service of the United States; that his name was placed on the pension roll of the State of Vermont from whence he has lately removed; that he now resides in the State (District, or Territory,) of New Hampshire where he intends to remain, and wishes his pension to be there payable, in future. The follow- are his reasons for removing from Vermont to New Hampshire  at His Residence or Settlement is in the State of New Hampshire and being unable to support himself has returned to the town of Hebron in said State
Levi Dey
Sworn and subscribed to before me, } the day and year aforesaid. }
George W Lang Justice Peace
☞ The oath to be taken before a duly qualified Magistrate, whose official character and signature must be certified by the proper officer, under his seal of office. The County Clerk, Secretary of State, or some other officer, must certify, under his seal of office, that the officer who administered the oath is a Justice of the Peace, Judge, Mayor, Alderman, or Notary Public, as the case may be, and that the signature purporting to be his is genuine.
☞ The oath must be supported by the testimony of some respectable person, as to the pensioner's identity. He must swear that the person who has taken the above oath, is the person described in the affidavit. The Magistrate must certify that the witness is a person of veracity; and the affidavit must also be authenticated in the manner above directed.
☞ 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 be sent with the papers.
☞ Mode of authenticating papers. —In every instance where the certificate of the certifying officers who authenticates the papers is not written on the same sheet which contains the affidavit, or other paper authenticated, the certificate must be attached thereto by a piece of tape or small 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.

I David Hazelton of lawful age depose and say that Levi Day who subscribed the within affidavit and made oath thereto is the identical person described in said affidavit
David Hazelton 11/8/41
State of New Hampshire Grafton ss January 9 th 1837
Personally appeared David Hazelton who is known to me as a person of un doubted truth and veracity and made oath that the above affidavit by him subscribed is true before me
George W Lang Jus Peace
Washington City Jan y . 10 th . 1837
I hereby certify that George W. Lang who administered the oath to the within named Levi Day & David Hazelton is a justice of the Peace and that the signature purporting to be his is genuine
Robert Burns, Member of Congress

76. J. H.
Aug 19
A.
Derby T. C. 13. Aug.
Revolutionary Concern.
FREE
Hon ble Lewis C. C. Secretary of War City of Washington — District of Columbia.
Vermont
to
Mr. H.
Dear Sir

Levi Day
N. H.
to
Vermont
Honble Lewis P. Dinsmore City of Washington — District of Columbia
Deliver to 13. Aug.
Revolutionary War Pension
at
Aug 19
H. H. Jr.

State of Vermont } Derby July 31 st 1835 Orleans County ss } Be It Known that on this 31 st day of July 1835. Before me the subscriber, a Justice of the Peace for the said County of Orleans Personally appeared Levi Day, who on his oath, declares that he is the same person who formerly belonged to the company commanded by Capt. Root. in the Regiment commanded by Col. Jonathan Smith. in the service of the United States. That his name was placed on the Pension Roll of the State of New Hampshire from whence he has lately removed, that he now resides in Compton, in the Province of Lower Canada where he intends to remain, and wishes his pension to be in future payable by the Vermont Agency, and that his reasons for removing to Compton is that he has a child there living, and wishes to spend the remainder of his day there being Eighty two years old
Sworn and Subscribed to before me } Levi Day the day and year aforesaid — Fins d Wimmer Justice of Peace
State of Vermont } Be It known that before me Timothy Orleans County ss } Wimmer a Justice of Peace in said Orleans County. Personally appeared Jacob Bates and after being duly sworn according to law states that he well knows Levi Day, who subscribed the above affidavit, is the same person he represents himself to be, in said affidavit.
Sworn and Subscribed this 31 st day } Jacob Bates of July 1835 before me — Fins d Wimmer Justice of Peace
I hereby certify that Jacob Bates the deponent is a person of veracity, — Attest Fins d Wimmer Justice of Peace.

State of Vermont } Orleans County } ss
I Ira H. Allen Clerk of Orleans County Court do hereby certify that Simo. Hinman before whom the within affidavits of Levi Day and Jacob Bates were sworn to is a magistrate duly qualified and that the within signatures purporting to be his I believe to be gen- uine. In testimony whereof I hereunto subscribe my name and affix the seal of said Court at Stasburgh this 6. day of August 1835.
Ira H. Allen Clerk

Derby August 11 th 1835 Honb. d Lewis Culp -
Sir I here forward the Application of Levi Day, who was formerly placed on the New Hampshire Pension List Roll, and now wishes to have his name transferred to the Vermont Pension List Roll, this petitioner has a child that he lives with in Compton, and it is much more convenient for him to receive his pension from the Vermont Agency, as he is aged, therefore you are requested to consider his case and if consistent with the regulations of the War Department, transfer said Levi Day, from the New- Hampshire Pension List Roll to that of Vermont, and make report and oblige - Your Obedient
Sir
Sim d . Himmars
Mr Allen will please to make his catalogue sufficiently descriptive and put it on the back of the letter and enclosures

Gen. Dwy. Pine N. Hamp.
N. G. E.
Col. Smith's Regt Mass Militia 1 Year
Adm J. L. E.
Recd 7 Sep 1892
address Robt Barry - Hebron, Grafton Co Dist N. Hampshire

2756
Groton  BRIEF in the case of  Levi Day  Grafton by  in the State of  New Hampshire  (Act 7 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? 77  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.     In 1776 May to May 177 1 — — private Gen. Col. Jonathan Br.  
 5. In what battles was he engaged? White Plains  6. Where did he reside when he entered the service? Lainsborough Mass.  7. Is his statement supported by living witnesses, by documentary proof, by traditionary evidence, by incidental evidence, or by the rolls? Traditionary evidence & the testimony of living witnesses  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.
A. C. Easton Examining Clerk.

FREE
J. L. Edwards Esq. 60 Home of Henry Washington D.C.

Bank of Burlington Feb. 11. 1837
To Edward Egan Comr of Pension Sir
Levi Day, Jr.
inscribed on the Roll of this Agency, under the act of 7 th June 1832 at the rate of forty dollars per annum was last paid to me 4 th Sep r 1836. on the 15 th of said month as appears by our Books
Very Respectfully Your obedt Serv t
R. Root for E. T. English Pension Agent

P 17917 INVALID.  con
File No. 17917
Levi Day
Dis Rev War
Act: June 7 th 39
Index:—Vol. 1 , Page 429
[Arrangement of 1870.]

Isaac Waldrun
Sept 5 '35-
Samuel Kendrick
Levi Day
Washington
Tenness
Cumberland
L. Edwards Esq.
Mrs. D. D. Dine Sept 9 HUNTSVILLE

Sept 9
Mrs. D. L. Edwards
Jamie L. Edwards Esq Commissioner of Pensions
Washington
Nov 1884
Samuel H. Hensel
Apr 2-35-
Dear General

Portland Sep 5 1835
Sir Your letter of the 10 th inst is received relating to Samuel Hendrick & Levi Day - both of whom were last paid at this agency up to March 4 th 1835 - Yours respectfully Isaac Waldron Pen Agent
James L Edwards Esq Commissioner of Pensions. Washington

Levi Dayer
Burlington Apts
to
Can can 2 N.H.

Washington Jan. 18th. 1837
Sir,
I enclose to you the application of Levi Day, for a transfer - will you have the goodness to examine the paper and make the transfer as soon as convenient - The said Levi Day I am well acquainted with and know him to be a Pensioner -
Very respectfully your humble Servant
Robert Burns
J. L. Edwards Esq.

Jan 19 Mr. Prudome
J. L. Edwards, Com. r of Pensions Washington
H. H. Dunn H. H. R. D. C.

John G. Mr. Brumme
J. L. Edwards, Com. d of Pensions Washington
Dwight H. R.
D. C.

3756
L. D. Office
Sept 7- 1832
M H
Secretary of War Washington
Pension papers

Hebron Aug t 23 rd 1832
To the Secretary of War, Sir,
Inclosed is the declaration of Levi Day, together with the evidence he has been able to procure - It will be seen the depositions were taken some time before the passage of the late pension act, the reason is this - sometime last year an effort was made (through the agency of Mr. Hubbard of this State) to obtain a pension for him believing he belonged to the Continental Troops, finding he did not the papers were not believed laid before the War department - The depositions were taken at considerable expense, the witnesses living in the State of Conn. something like ten hundred or distance as I believe from this place -
If they had lived in this vicinity we should have retaken the depositions - It is hoped they will be satisfactory as Mr. Day is extremely poor and is now wholly maintained by Charity -
Any communication on the subject may be addressed to the subscriber in Hebron County of Grafton State of New Hampshire
Very respectfully your obedient Servant
Robert Burns
Hon. Lewis Cass Secretary of War