Revolutionary War Pension and Bounty Land Warrant Application File W. 4177, John Day, Va.

SERVICE
Va.
NUMBER
W 4177
Day, John Joanna
B.L.W. 56990-160-55-
CONTENTS

Virginia widow of John Day who served in the Revolutionary war as a Private
Inscribed on the Roll at the rate of 37 Dollars 50 Cents per annum to commence on the 4th day of March, 1848.
Certificate of Pension issued the 3rd day of March 1848 and sent to J. S. G. [unclear] Present
Recorded on Roll of Pensioners under act J 29, 1848, Page 144 Vol. 16
1891 March 7 V. M. Johnson history Prior
259282

259. 282
Act Mar. 3. '16 Oct. 11. '16
Ex Bupt Lt. J. S. Gallagher Jan'y 9/57
56.990
March 30 th
Joanna Day. wid. John Day. (vi. of Artillery)
Va Line.
ad:160 as Mch: 28/57 Reviv. War. After
Da Ad Ruly 88-1233
Special
John S. Gallagher Present.
Vol D. page 25.

Emma Day Widow John Day decd.
Marriage Bond J C

We know all men by these presents that we John Day and John Humphries are held and firmly bound unto James Wood Esq. Governor or chief magistrate of this Commonwealth for the time being & to his successors in the penal sum of One hundred and fifty dollars, to which payment well and truly to be made to the said Wood and his successors we bind ourselves our heirs & firmly by these presents, sealed with our seals dated this 25 th of January 1799.
The condition of the above obligation is such that whereas John Chey clerk of Spottsylvania County hath this day issued a license for the marriage of the above bound John Day into Francis Taylor of said County Now if there be no lawful cause to obstruct the said marriage and there doth no damage accrue by reason of the license being issued as aforesaid, then this above obligation to be void, else to remain in full force and virtue
John Day (seal) John Humphries (seal)
Sealed & delivered in presence of R. B. Chey State of Virginia } County of Spottsylvania } S.S.
I Robert C. Dabney clerk of Spottsylvania County do hereby certify that the foregoing writing is a true copy of the marriage Bond of John Day and Francis Taylor (upon which a marriage license was issued) from the records of my office.
Given under my hand and the seal of the said County Court this 31 st day of January A.D. 1837.
Robt. Dabney clerk.

These are to certify that the bearer hereof John Day a private in the The United States first Artillery Regiment having faithfully served from the first of Feb y 1783 to this date and being enlisted for the war , is hereby discharged from the American Army.
Given at the war office the 6 th July 1783.
B. Lincoln.
By order of the Secretary at War
For: Carleton Sec y
Registered in the books of the Regiment
Wm Eskridge Lt: & Adjutant.
The said Day has Rec d one month's pay.
Nov. 3 d 1783.
War Office 1783
The within certificate shall not avail the bearer as a discharge until the ratification of the definitive treaty of peace: previous to which time, and until proclamation thereof shall be made, he is to be considered to be as being on furlough.
B. Lincoln.
The Auditors of Public Accts will please settle this acct with Mr. Henry Banks. John Day.
Witness John Minor.
Col d Menville will please deliver Mr. Henry Banks a land warrant due me for my services in the 1 st Artillery Reg t .
Value rec d
John Day
Test John Minor
Nov. 29 th 1783
over

Revolutionary War Case Joanna Day - widow of John
Certified Copy from War Office

Executive Department Richmond Jan. 4 15 th 1857
I hereby certify that the foregoing is a true copy of paper on file in this Department.
George W. Munford Sec y of the Com tee
Council Chamber, 6 th Feby 17 84.
No 2458. I do Certify that Henry Banks assign of John Day is entitled to the proportion of Land allowed a private of the Continental Line who has served to the end of the war.
Benjamin Harrison Thomas Meriwether
A Warrant for 200 acres issued to Henry Banks Assign of John Day. 11 th Feby 17 84.
Val. Office, Richmond, Jany 15 th 1857
I Certify that the foregoing is a copy from the Records of the Virginia Land Office. Teste
S. H. Parker, Reg d L. Office.

CLAIM OF
Malachi Day of John Day
FOR
BOUNTY LAND.
ACT OF MARCH 3, 1855.
Senia Va Line
Revolutionary War
289. 282
Filed October 9 th 1856
BY
JOHN S. DALE GALLAHER, James Present.

WIDOW'S CLAIM FOR BOUNTY LAND.
To be made by the Widow who has never had a Land Warrant.
STATE OF Virginia COUNTY OF Spotsylvania
On this 1 st day of September A. D., 1856, personally appeared before me, a Justice of the peace, within and for the County and State, aforesaid Mrs Joanna Day  Day aged 86 years, a resident of the County of Spotsylvania in the State of Virginia who being duly sworn according to law, declares that she is the widow of John Day deceased, who was a private in the Company commanded by Captain _____ in the Regiment of _____ commanded by Col. _____ in the War with  of the Revolution that she was married to the said John Day in Spotsylvania on the _____ day of February in the year 1799 , that her maiden name was Joanna Taylor that her said husband died in the year 1826 and that she is now a widow. That she believes her husband was in service during the War & went from the County of Hanover Co Va in 1778 or 1776. That her maiden name was Joanna Taylor She makes this declaration for the purpose of obtaining the bounty land to which she may be entitled under Act of March 3d, 1855, never having received nor applied for bounty land under this or any other Act of Congress
She hereby appoints JOHN S. & RO. H. GALLAHER, her attorneys to prosecute and receive her warrant.
[Sign your name.]
Joanna Day
We, Bernhard Kuke and William Martin residents of Spotsylvania in the State of Virginia upon our oaths, declare that the foregoing declaration was signed and acknowledged by Mrs Joanna Day in our presence, and that we know she is now a widow, and we believe from the appearance and statements of the applicant, together with our acquaintance with her, that she is the identical person she represents herself to be.
Bernhard Kuke
William Martin
[Witnesses must sign their names.]
The foregoing declaration and affidavit were sworn to and subscribed before me, on the day of and year above written; and I certify that I know the affiants to be credible persons; that the claimant is the person she represents herself to be, and that I have no interest in this claim.
E. G. L'Ecuyer J. P.
STATE OF Virginia COUNTY OF Spotsylvania } set.
I hereby certify that E. G. L'Ecuyer Esq., before whom the foregoing declaration and affidavit were made, is and was, at the time of taking the same, an acting justice of the peace within and for the county and state aforesaid, duly commissioned and qualified, and that his signature above is genuine  an d. V. Subjoi  ned are genuine In testimony whereof, I have hereto set my hand and affixed the seal of my office, this tenth day of September , 1856.
Role Dabney Clerk.
Clk Oven

a copy John Day reported this before Sept 27th 1826. I certify that the above is a true copy from the family record & that the same is original, given under my hand this 1st Sept 1836. E P Leavell JP
MADE IN U.S.A. * This declaration must be accompanied by satisfactory proof of the marriage, of the husband's death, and the present widowhood of the claimant. If there be a public record of the marriage, a duly certified copy of it should be forwarded, if possible. If there be none but a private or family record, such family record, or a certified copy of the same, should be forwarded, with the affidavit of some disinterested persons proving the genuineness of the original and the correctness of the copy. If no public or private record of the marriage exist, or can be procured, that fact should be set forth in the declaration; and in such case, other evidences—such as the testimony of persons who knew the parties in the lifetime of the husband, and knew them to cohabit as husband and wife, and to be so reputed—will be admissible.
In no case, however, will the mere statement of witnesses that the claimant is the widow of the deceased, be taken as evidence of the marriage; but the witnesses must state the facts and circumstances from which they derive their knowledge or opinion that she is the widow of the deceased.

War of Revolution Pension Land Claim Mrs Joanna Day Widow of John Day
Soldier's War Line Revolutionary War Service Established by 100 acres being allowed.
Act July 29 th 1848
Heard Sept. 27, 1826 Manner Jan 1799.3
Filed Oct 9 th /56 for Gen. N. Stephen
By John S. Gallagher Jr. Present

On this 1 st day of September 1886 personally appeared before me Joanna Day widow of John Day dec d . Who made oath that her said husband was a private soldier during the Revolutionary War, that she is his widow, that she was married to him on the day of January 1799 by one Parson Boggs a minister of the Gospel in the County of Spotsylvania State of Virginia that he died in the County of Spotsylvania State of Virginia on the 27 th day of September 1826 that he never rec d . any Pensions during his life nor has she since his death, that she has often heard him say that he served at Williamsburg and was also at York that he would be about 92 years of age if living, that she is now about 86 years of age, that he went from Hanover Co Va that she hereby appoints G.W. Stephens of Hanover Co Va with power of substitution to prosecute the said claim, that she claims a Pension under the act of that she refers to the rolls from the State of Virginia for further particulars, at Washington D.C. Joanna Day (L.S.)
On this 1 st day of Septm 1886 personally appeared before me Bernard Kube & William Martin who made oath that Mrs Joanna Day who signed her name to the above declaration, is no doubt the widow of the said John Day that they lived on the same farm with the old lady & she has always been reported as the widow of said John Day a Revolutionary soldier Bernhard Kube (L.S.) William Martin (L.S.)

The within declaration of Mrs Day was signed & sworn to before me and also the affidavit of Reinhard Rube & Wm Martin & I certify they are credible persons residents of Spotsylvania & that I have no interest in this claim. E G Leavell JP
a copy John Day departed this life September 27 th  1856 I hereby certify the above copy is from the family record of my Joanna Day & that it is entirely original, given under my hand & this 1 st day of Sept. 1856
E G Leavell JP
I also further certify that the within named Joanna Day is not able to attend court that she is too feeble from old age general debility
E G Leavell JP
United States, State of Virginia } Spotsylvania County } ss I Robert L Dabney clerk of Spotsylvania County Court in the State of Virginia do hereby certify that Edmund S Leavell Esquire whose genuine signature appears to the above certificate, was at the time of signing the same and is now a justice of the peace in and for the county and State aforesaid duly elected commissioned & sworn & that the said County Court is a court of Re- cord having genuine jurisdiction. Given under my hand &

Washington, 18 March '57
Sir,
I present, on behalf of Mr. Geo. W. Stephens, Attorney for Joanna Day, widow of John Day, a Revolutionary Soldier of Virg a , some papers showing his identity. The objection raised that Day lived to 1826 without applying for a Pension ought to have no weight, because there was then no other than the Pauper Act of 1818, and Day was not at that time in indigent circumstances, nor at his death. The widow is now old and poor. As to the identity of Day, see the affidavit of Col. Wm. D. Saylor of Hanover the Order of Notary Public  various  count , and the fac similis herewith presented. Respectfully yours, Geo. C. Whiting Esq. J. S. Gallagher

St. R 990
5 New Am

Richmond (Va) Agency.
Joanna Day, who was the widow of John, who was a member of Middlebury Church of Virginia —
She died July 28, 1848.
9 mo 3 day, member of Middlebury —
$37:91cts per share
On March 4, 1848,
To J. S. Galt, Esq.
Present.

No 1466 Joanna Day, Widow of John, Virginia
John S. Gallaher, Octo 18/56 Hon W Smith, Feby 24 24 1857- 9-24
July 29 1848-

July 6, 1854 - May 13th Com of Pensions, Dear Sir
The case of Mrs Joanna Day for Pension as widow of John Day was suspended Oct 18/56 Since which time I kept up to the 1st of January I have been West, Since that time I have been attending to her Marriage Evidence, Service of Said Day, & the identity of her as his Widow, 1st. please find the Certified Copy from the State of Virginia showing he enlisted for the War, & Rec d 200 acres of Land from that State, next please find the Marriage bond of Said John & wife in 1799 from clerk's office of Spotsylvania Co. next find the order of Court showing that Mrs Day is the widow of Said John Day, also the full Testimony of Wm D Taylor of Hanover Co Va & the identity of the witness, & Genlices Certificate on the Papers filed heretofore, having fully complied with the requirements of the within letter and she being old & infirm I hope you will act on the case at once & if any thing further is wanted I would be glad to be informed of it at once so that it may be attended to.
Very Resp G.W. Stephens
Washington July 21 st 1857
The Hon. Commr of Pensions, will oblige Me by permitting Capt George W. Stephens to have examine the papers on file in your Office, and file the additional evidence related to in said case Very Respectfully John S. Gallagher Junior
July 20/57

Pensione Office.
October 18 th 1856.
Sir:
The application of Joanna Day, widow of John, of Virginia has been examined and filed under the act of July 29 th 1848.
She must describe and prove the service for which she claims a pension. And she must establish the date of her marriage by public or private record or account for the absence of proof of that grade. When she must adduce the testimony of witnesses who can show how they are able to fix the time.
I am respectfully.
Your O bt Servt.
W. Cole
for Commissioner.
John S. Gallagher, Jr. Esq. Present.

Washington Feb. 10 9 th 1856.
Hon. Comm. of Pensions
Sir - Herewith please find Pension application of Mrs Joanna Day Widow of John Day, Sergeant Va Line Revolutionary War.
Yours
Very Respectfully John S. Gallagher Junior

about the 24th inst, about 10 AM Adams & Thomas King, claim for service in the War 1812, they have been referred as Mr Dick in room of Washington City inform me saying they did not serve fourteen days, nor I served a short time in Capt Joseph F. Precer com -pany, I had a dispute Mr Wm Winton Woodfolk to get them, his brother in law Mr Dick is now in the Pension Office now if you can get them & Thomas Adams, I will give you a hand - some for I have been favored in old Mr Adams for some time which I shall lose if he don't get it, I know several who have recd that age not some longer than we did, I have an old Aunt in Spotsylvania who is entitled to a pension her husband was my uncle John Ray, I have heard him talking
Mr Stephens Dias Sir I received yours of the 24th inst, about 10 AM Adams & Thomas King, claim for service in the War 1812, they have been referred as Mr Dick in room of Washington City inform me saying they did not serve fourteen days, nor I served a short time in Capt Joseph F. Precer com -pany, I had a dispute Mr Wm Winton Woodfolk to get them, his brother in law Mr Dick is now in the Pension Office now if you can get them & Thomas Adams, I will give you a hand - some for I have been favored in old Mr Adams for some time which I shall lose if he don't get it, I know several who have recd that age not some longer than we did, I have an old Aunt in Spotsylvania who is entitled to a pension her husband was my uncle John Ray, I have heard him talking
Ad

about being in service of hands others laughing at him about his eating so much, and I have another uncle who has not taken to a good deal as he had a Hays and Team in ser- -vice & he was Wagon Master & I have heard him say he lost his Wagon & Team & Mr Sam Adams of Spotsylvania has been writing to me about them, his bills are poor & ought to be paid, it is possible if you were to see Mr Ben's records that they would be paying for one to get them
Yours With Great Respect Wm D Taylor out your first name So have cut off your signature & inserted at the end of your
so as not to make little in the end of the letter when you are not at home and I have not been able to get

Plat. 11. Some thing that
Plat. 9. Rep.
9 m 3/
6 m 25
3 - 12.50
- - 41
 $37.91

Dear Mrs. Smith of Va
House of Rep's
  9  Mrs  3/      6  Mrs  25      3  -   12.50        -  41         $37.91  

Pension Office Febmarz 24/57
Sir:
I have the honor to state that the additional evidence, filed by Mr G. H. Stephens, in support of the case of Joanna Day , of Virginia, has been examined. It is not sufficient to show that she is the widow of the soldier of her husband's name who enlisted in Virginia for the war. Indeed, the probabilities are strong that such is not the case. The soldier was not only entitled to land from Virginia, but also, from the United States, and yet her husband lived to 1826 without asserting a claim against the U. States for the land to which he was entitled if he had served to the close of the war. It is possible that the Register of the Land Office at Richmond may be able to relieve the case of some of its difficulties, by showing where the John Day lived who received land from the State of Virginia.
He can exhibit fac similes of his signature & hand writing, which may be compared with

writing known to be her husband's, such as letters, deeds etc.
I am, Very respectfully, Your Oat Servt Nicholas Commisioner.

Brief in the case of Jemima Day, widow of John Spotsylvania County and State of Virginia ,
act
July 29, 1848.
Claim, ("original," or "for increase.")
Proof exhibited, (if original.)
Is it documentary, traditional, or supported by rolls? If either, state the substance.
Record evidence of nine months and three days service as a Major, in the Continental Line of Virginia, and Record evidence of marriage in 1798.
(If for increase.)
Has additional evidence been filed since the admission of the claim? If so, what?
Name and residence of Agent
John S. Gallagher, Present.
Examining Clerk.
Osda Niles

Very WIDOW, &c.
File No. 4177
Joanna Day Widow John Day Br. Rev. Mr.
Act: July 29, 1848
Index:—Vol. A , Page 167
[Arrangement of 1870.]

Mary died in Spangler Co Va to J. O. Taylor

1st Day of Life Sent Day of Birth In Day of Birth In Day of Birth
For W. Commemoration
her W. Stevens

Heber 27 L. 100. Sent 200.00 Mrs. Mary Penn Mrs. Mary Penn
For
W Commisconer Whiting
per Mr Stevens

My dear Sir
My friend Mr Stevens will hand you this. I wish particularly, to get you to make Mr Days case a special one which he will present, as he has to leave To-day - Please to send the case to me after your action upon it.
In haste
Truly Yrs
Murphy
Feby 23. 1857

The lease of Joanna Day, widow of John Day, Rev d Penrose , for county land, has been suspended for proof of service.
A pension having yesterday been allowed, I now respectfully ask that the Warrant be allowed as the lady is old, poor, and infirm.
No. not known                      J. S. Gallaher lease filed by G. W. Stephens

Revolutionary War My Joanna Day Widow of John Day for Pension act of 1848 Land under act 1853

State of Virginia County of Hanover
10
On this 9 day of February 1837
Personally appeared before me William W Mitchell a Justice of the Peace Colonel William D Taylor a resident of said County & State who made oath that he is now about seventy six years of age that he was well acquainted with John Day from his recollection to the day of the said John Day's death in 1826 that the said Day married Joanna Taylor & resided in Spottsylvania for a long time previous to & at his death that he has often heard the said Day talk of living in the service of the Revolution & hired him speak of how much he could eat in the army, and of pre- forming military service as a private soldier while in said army and that he has never received any pension from the Government of the United States, that he went into service from the County of Hanover in the State of Virginia, that he believes she was married in the year 1799, that he well recollects the marriage of the said Day to his present widow, who now lives in Spottsylvania County Virginia, that he has known her ever since he could recollect & was more than certain of any fact than that she is the identical widow of the identical John Day whom he has often heard speak of his being in the Revolutionary Service & she has for several years past talked of said claim, that the said Mrs Joanna Day has never married since the said John Day's death & is still living in the County of Spottsylvania (adjacent County) that the said John Day never rec'd any pension in his life time and that he lived upon his own resources (or in other words) was not a pauper upon his County; he also further declares he has no interest in the claim of Mrs Joanna Day, he also further states that he frequently heard his Father and Uncle laugh at the said John Day about his not getting enough to eat while in the army. Wm D Taylor

State of Virginia } County of Hanover }
The foregoing declaration was signed and sworn to before me by Col William D. Taylor of said County & I certify that his statements are entitled to full faith & credit, given under my hand & the day & year first within written & I further certify I have no agency or interest in the said Claim
W. W. Mallory
State of Virginia } County of Hanover }
I W. A. Winston Clerk of the County in the State aforesaid do hereby certify that W. W. Mallory whose genuine signature appears to the foregoing certificate is now at the time of signing the same an acting Justice of the peace duly qualified & that all of his official acts as such are entitled to full faith & credit
Given under my hand and the seal of the said County this 13 th day of February 1807 Wm. A. Winston C. L. C.

Joanna Day's Cause order of Court
Act 1848

Virginia, In Spotsylvania County Court, October 6 th 1856.
Satisfactory evidence having been adduced before this Court to show that Mrs. Joanna Day now living in Spotsylvania County Virginia is the widow of John Day deceased, who was reputed as a Revolutionary soldier, it is ordered to be certified by the clerk.
I Robert C. Dalbey clerk of Spotsylvania County Court in the State of Virginia, do hereby certify that the foregoing order was made by the Court of said County in the State of Virginia.
Given under my hand and the seal of the said County Court this 8 th day October A.D. 1856.
Rob. C. Dalbey (Clerk)

Thomas Lepointe

Sir let Sam Brooks have one Bushel of corn of mine at the mill
M c Thomas Lipscomb John Day 20 July 1817

August 12 - 1817 Mr Thomas Lippcomb
Let Mrs Highlanders have one basket of corn of mine in the mill John Day

Sept. 7 th 1884. I accept the within order to be paid the 25 th day of December next —
John Day
Testo W. Walters
W. Day £9. 17. 6

Mr. John Day Esq.
Please pay Jos. Herndon Jr. Nine pounds Seventeen Shillings & 6 pence out of the Money due me on acct. of the land —
Yours Wm. Wallens
Wm. Wilson Sept. 7 th 1804.

The Auditor of Public Accts will please settle this acc. with Mr Henry Banks
Witness John Minor
John Day
The Commission has decided that the evidence of identity is satisfactory,
Nov.
March 26/53
Col. Merriweather will please deliver Mr Henry Banks a Land Warrant due me for my services in the 1 st Artillery Regt of value read Let John Minor
John Day November 29 1793
Executive Department Richmond March 10 1857
I hereby certify that the foregoing two orders are fac simile copies as near as I could make them of papers on file in this department
George W. Munford Secy of the Com'ty