Revolutionary War Pension and Bounty Land Warrant Application File W 9523, John Dailey, New Jersey

SERVICE
NUMBER
New Jersey
Dailey, John or Daily Jonge, Naomi
W 9523 B.L.M. 61273-160-55
(Former widow)
CONTENTS

13662
New York
John Dailey
of Vienna in the State of New York who was a Private in the company commanded by Captain Helms of the regiment commanded by Colonel Cummings in the New Jersey line, for the term of one year and half from the year 1781 to the year 1783
Inscribed on the Roll of New York at the rate of 8 Dollars per month, to commence on the 1st day of May 1818
Certificate of Pension issued the 21 of July 1818 and sent to J. Hubbard Johnson Settlement N.Y.
Restored to the Roll on the 5 th day of February 1828 and notification sent to Rev. D. Woodcock at House of Representatives Pension commencing on the 26 th of January 1828
Amount due on 4th of March 1828 } $10 58
{ Revolutionary Claim, Acts March 18, 1818, and May 1, 1820. } }
March 1823

New certificate issued 26 July 1828 in lieu of one filed within, and delivered to the Hon. S. Woodcock H.R. Thos Maxwell Mch 19. 1857 (See papers inside)
22/1835
270743

In the matter of an application for a pension by John Daily
Copy of Oath & Schedule
Fee $1.00

Copy
At a Court of Common Pleas holden at the Court House in the town of Elmira in and for the County of Tioga and State of New York, commencing on the second Tuesday in August 1822.
Present
The Honorable Gamaliel H. Barstow Esq. first judge
Benjamin Jennings
John M c Connel } Esquires Judges
On this thirteenth day of August 1822 personally appeared in open Court before the Judges aforesaid of the same Court being a Court of Record because it proceeds according to the course of Common Law, with a jurisdiction unlimited in point of amount, keeping a record of its proceedings and having the power of fine and imprisonment, John Dailey aged Sixty eight years, the fourteenth day of the present month resident in the town of Catharine Stow, in the County & State aforesaid who being first duly sworn according to law both on his oath declare that he served in the Revolutionary War as follows, in the second New Jersey Regiment commanded by Colonel — Cummins and in the Company commanded by Captain Helms. That he has received a pension Certificate bearing date the twenty first day of July one thousand eight hundred and nineteen, grounded on a declaration previously made and sent to the War Department, which declaration was dated the fourteenth day of May, one thousand eight hundred and eighteen, the number of which Certificate is thirteen thousand six hundred and sixty two —
And I do solemnly swear, that I was a resident citizen of the United States, on the 18 th day of March 1818 and that I have not since that time by gift, sale or in any manner disposed of my property or any part thereof with intent thereby so to diminish it as to bring myself within the provisions of an act of Congress, entitled, "an act to provide for certain persons engaged in the Land and Naval Service of the United States in the Revolutionary War" passed the 18 th day of March 1818; and
That,

that I have not, nor has any person in trust for me any property or securities, contracts or debts due to me nor have I any income other than what is contained in the schedule annexed and by me subscribed. That my occupation is that of a farmer, and at times can labor some, but on account of a debility in the left side, occasioned by a severe hurt long since received, and wholly unable to obtain a subsistence by labor.
My family who reside with me are my wife Naomi aged about thirty nine years enjoys ordinary health and generally able to work: my daughter Mary aged about sixteen years, able to earn her subsistence: Abigail aged about 15 years able to earn her living: Sophronia aged about 14 years rather of a weakly constitution; and heretofore unable to do much work: Sarah Anne aged about twelve years commonly healthy: my son Benjamin aged about six years and Olivia aged between two and three years.
Subscribed In open court
(Signed)
John Daily
Gamaliel H. Bartow first judge
The schedule of my property mentioned in the foregoing oath is as follows, viz. Fifty acres of upland, stony & uneven, about thirty acres of which are under midling improvement. one bow and Ten Sheep - I owe a debt to Moses Gale of Goshen, in the county of Orange and State of New York of about two hundred & forty Dollars - One old Table, six old Chairs, two old Pork Barrels, one wheel, one Reel, one tin Cullender, three Cups & Saucers, three small plates, one old pot, one tea kettle, one Spider, one old Frying Pan, one Coffee pot - eight pewter Spoons; Knives & forks, two small bottles, three tin pans -
Dated August 13. 1822
(Signed)
John Daily

State of New York
Tioga County ss. Clerk's office 3
J. Thomas Maxwell Clerk of the County of Tioga, and Clerk of the Court of Common pleas above mentioned, do hereby certify that the above foregoing are truly copied from the Records of the said Court in this office. And further that it is the opinion of the said Court that the whole amount in value of the property contained in the foregoing Inventory of John Daily is Two Hundred twenty six Dollars Twenty eight
Cents. In Testimony whereof I have hereunto subscribed my name & affixed the seal of the said Court & County the 14 th day of August 1822
Tho s Maxwell Clk

61246
sent correcting error etc.
New York - A Naomi Tenque formerly widow of John Dailey, who served in the Revolutionary war, as a private,
Inscribed on the Roll at the rate of 96 dollars 00 cents per annum, to commence on the 3d February, 1853.
Certificate of Pension issued 12 th day of June 1857 and sent to
Thomas Maxwell Elmira N.Y.
Recorded on Roll of Pensioners under act February 3, 1853, Page 29. Vol. 36
61246

270.743
Act Mar 3/55
Mar 13/57
Sonnie Naomi Dailey for wife of John Dailey Pri.
41.273 May 9/57
Rev-
AD: 160 ac, May 8/57 Pension Mrs. 1898 Special B. M. 1898 S. Col CC
Thos Maxwell Elmira NY
St. J. Maxwell Apr. 3/57 E. B. Cetty
Vol. D. 27.

Naomi Dailey widow of John a zero. pension act 1818 at #96- Cut N o 13.662.
application for pension under act 3 Feb. 1853 →
Wife Naomi aged 44 in 1828 died Oct o in 1827
Thos Maxwell Atty Elmira NY

At a County Court held at Elmira in and for the County of Chemung in the State of New York on the 11 th March 1857
Present
Theodore North, County Judge
On the 11 th day of March 1857 personally appeared in open Court Naomi Dailey of the town of Veteran in said County of Chemung aged 70 Years who being duly sworn according to law declares that she is the widow of John Dailey formerly of the said County of Chemung deceased who was a soldier of the Revolution in the New Jersey Continental line, and who received a pension for his said services and is inscribed on the New York Pension List Roll in the County of Tioga at the rate of Ninety Six Dollars per year & placed on said roll on the 21 st July 1819 to commence on the 14 th May 1818 as will appear by reference to the papers accompanying his application for said pension in the Pension Office at Washington which pension he continued to receive until his death in September 1835 (certificate No 13662)
She further states that she was married to the said John Dailey in the town of Veteran in the said County of Chemung in the then County of Tioga, on or about the 25 th day of February Eighteen hundred and nineteen (1819) by Elias Beardsey a local preacher of the Methodist Episcopal Church then a resident of that neighborhood and continued to reside with said John Dailey as such wife until his death in the said town of Veteran which took place on or about the 13 th day of September (1835) Eighteen hundred thirty five: her maiden name was Naomi Sturges and she is still a widow having never married since the death of the said John Dailey but she is again a widow she makes this declaration to obtain the pension to which she may be entitled under the act of 3 rd February 1833 and the various prior acts

to which it is an amendment; and she declares that she has not applied for or received a pension for her said husband's services previous to this application. She further states that she received no marriage certificate nor has she any family record of the same, nor is there to her knowledge or belief any public or other record thereof. The witnesses who were present are dead & she offers the annexed proofs on the subject as the best she can now procure.  Sworn & Subscribed before me the 11 th day of March 1857  Richard Baker Clk of Chemung County Court — N.Y.  Naomi X Dailey mark
The foregoing are the original proceedings of the said court in the case of Naomi Dailey an applicant for a pension as the widow of John Dailey dec d a Revolutionary pensioner — Witness my hand & official seal the day & year aforesaid
Richard Baker Clk of Chemung Co N.Y.

Chamung County ss Zebulon Dailey of Callin in said County aged 64 years being duly sworn says he is a son of John Dailey the Revolutionary soldier mentioned in the foregoing paper. That he is the son of a former wife of the said John Dailey decd. That he was present when the said John Dailey was married to Naomi Sturges the widow above named which took place on or about the 20 th February 1819 & was performed by Rev d Elias Biddle a local preacher of the Methodist Church; the deponent was then about 26 years of age: The said John Dailey died in Veteran in said County on the 13 th Septem r 1835. the deponent was present when he died saw him after he was laid out & saw his body committed to the earth Zebulon Dailey
Sworn before me Jany 24 th 1857 the said Zebulon Dailey being in my opinion a credible and disinterested witness.
Good Lewis
Justice of the Peace Chamung Co
Chamung County ss James Witherby of Callin in said County aged fiftyfour years upwards being duly sworn says that he was acquainted with John Dailey the pensioner above named in his life time and will recollects hearing of his death in September 1835 though he did not see him dead nor was he at his funeral - though residing in the neighborhood; but has no doubt of the fact as from his residence in the same town he was in a condition from his association with the family to know the fact had he been alive - He also knew the affiant Naomi Dailey in the life time of her husband - They lived together as husband & wife & were so reputed in the neighborhood He never heard their marriage doubted or

Naomi Daily widow of John a rev. pensioner under act of March 1818 at 9600s
Claim for Bounty Land under acts of 3 March 1855 & 14 May 1856
Thos. Glasswell atty Elmira NY

State of New York Chemung County ss. On this 11 th day of March 1857 personally appeared before me, a justice of the peace within and for the County and State aforesaid Naomi Dailey aged 70 years, a resident of the County aforesaid who being duly sworn, according to law declares that she is the widow of JOHN Dailey, formerly a resident of the town of Veteran in the said County (then Tioga County) deceased, who was a private in the New Jersey Continental line, in the war of the Revolution: he was a pensioner of the United States for said services under the act of March 1818 at the rate of Ninety Six dollars per annum on the New York Pension Roll, in the County of Tioga and is entered thereon as having received such pension from the 14 March 1818, commencing on the 21 st July 1819 as will appear by the proofs annexed to his claim for a Pension now on the files of the Pension Office at Washington to which she refers. His certificate no 13662 bore date 24 July 1819 — 1819.
She further states that she was married to the said John Dailey in the town of Veteran in the then County of Tioga State of New York on or about the twenty fifth day of February (1819) Eighteen hundred and nineteen by the Rev. Elias Beardsee, a local preacher of the Methodist Church resident in the neighborhood and authorized to perform the marriage ceremony: that she received no marriage certificate at the time, nor has she any family record thereof: nor did local clergymen at that time keep a record of marriages: neither does she know after diligent enquiry of any public or private record thereof in existence. She refers to the proofs annexed to shew her marriage. Her name before her said marriage was Naomi Sturges.
That her said husband died in Veteran aforesaid on or about the 13 th September 1835 (as will appear by the annexed proofs) and that she is now a widow. She makes this declaration for the purpose

of obtaining the bounty land to which she may be entitled under the act of 3 rd March 1855 and the amendments of May 14 1856. and declares that she has not applied for or received bounty land under any other application nor does she know or believe that her husband ever did in his lifetime.
She further states that she has been informed & believes that the said John Dailey served in Capt Helmer's Comp y in the 2 nd New Jersey Reg t Col. Cummings for what term of service she cannot state —
Naomi his Dailey widow
We James Wetherby & Thomas Maxwell residents of said County & State do upon our oaths declare that the foregoing declaration was signed & acknowledged by Naomi Dailey in our presence; that we believe from the appearance & statements of the applicant, that she is the identical person she represents herself to be, and is still a widow.
James Wetherby Thos Maxwell

Chemung County ss Zebulon Dailey of Catten in said County being sworn says his age is 64 years: that he is a son of John Dailey the revolutionary Soldier mentioned in the foregoing papers. That he is a son of the said John Dailey by a former wife and was present when the said John Dailey was married to Naomi Sturges the widow above named on or about the 25 th February 1819: the ceremony was per- formed by Rev. Elias Beardslee a local preacher of the Methodist Church - the deponent was then about 26 years of age. The said John Dailey died in Veteran in said County, on the 13 September 1835. deponent saw him when he died, saw his body after death was present when it was committed to the earth: and the said Naomi is now a widow.
Sworn before me Jan 24. 1857
the said Zebulon Dailey being
in my opinion a credible & disinterested witness
Good Davis
Justice of the Peace Chemung County
Zebulon Dailey
Chemung County ss James Witherby of Catten in said county being sworn says that his age is fifty four years upwards: that he was personally acquainted with John Dailey the pensioner named in the foregoing papers in his life time: that he was also well acquainted with the above named Naomi Dailey his wife: that she lived with him as his wife and the said John and Naomi were considered in the neighborhood as husband & wife & he never heard their marriage doubted or disputed: that he has frequently heard said John Dailey acknowledge the above named affiant to be his wife - That from his residence in the neighborhood he has no doubt of the death of the said John Dailey: that

he has been acquainted with the family about thirty five years: that he resided a few miles from John Daily at the time his death took place: that he heard of it at the time though he was not present at his death or burial: but he has been so situated that he should have known the fact if the said John Daily was not dead. That he has resided for seventeen years past within a few rods of the above named applicant Naomi Dailey & knows beyond all reasonable doubt in his own mind, that she still remains the widow of said John Daily. The said John Daily died in the month of September 1835.
James Weatherby
The foregoing declaration & affidavit were sworn to & subscribed before me on the day & 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 still is a widow and that I have no interest in this claim — The aff. of Zebulon Daily was sworn to on the 21 Jan y 1857 and the others on the 11 th March 1857 — The said Naomi Daily makes her mark from physical disability } Geo L Oliver Justice of the Peace Chemung County
State of New York Chemung County Clerk's Office } Richard Baker Clerk of said County do hereby certify

that George L Davis Esq before whom the foregoing declaration & affidavits were made was at the several dates thereof a Justice of the peace in the said county duly qualified: and that his signatures above subscribed are genuine. Witness my hand & official seal March 11. 1857.
U. S. Lowe S. Clk.
Chemung Co. N.Y.

The deposition of 2 witnesses certified by the Judge to be credible (proving 9 mo service in enlistment on Cont. establishment reserved
John Daileys
Affidavit
Private
Leah Cummins Reg t
New Jersey Line
1782 - 15 months
Admitted

State of New York } ss = on this 14 th day of May 1818 before me the Tioga County } Subscribes one of the Judges of the Court of Com- mon Pleas in and for the County of Tioga
In the State of New York personally appears John Daily aged Sixty four years resident in the Town of Catherine in the County of Tioga, who being by me first duly sworn doth depose and on his oath make the following declaration, in order to obtain the provisions made by the late act of Congress entitled an act to provide for certain persons engaged in the land and naval service of the United States in the Revolutionary war that he the said John Daily enlisted into the service of the United States in the month of March in the year 1782 in the Town of Sussex and County of Sussex in the State of New Jersey for during the war in William Nelsons Company in the second Regt. in the Jersey line commanded by Colonel Cummins and served in said Colonel Cummins Regt until the close of the war which this deponent saith he was honourably discharged on the 11 th day of June 1783 and the deponent saith that he has no other evidence in his power to furnish the war department with his services, that through misfortune he is now reduced to indigent circumstances and stands in need of the assistance of his country for support that he has no pension nor ever has had from the government of the United States nor granted him to his knowledge by any law of the United States

Sworn to and deposed before me the 14 th day of May and year aforesaid. I Phineas Cattan one of the Judges of the Court of Common Pleas in and for the said County of Tioga aforesaid do certify that it appears to my satisfaction that the said John Dailey did serve in the Revolutionary war as stated in the preceding declaration against the common enemy, and I now transmit the proceedings and testimony had before me, to the Secretary for the department of war pursuant to the directions of the aforementioned acts of Congress - Given under my hand at Catherine Town this 14 th day of May in the year 1818. Phineas Cattan
In addition to the above certificate I certify that the above named John Dailey is in indigent circum- -stances labours hard to support his family and stands State of New York in need of his country's support } Phineas Cattan Tioga County } Clerk's Office } B. I certify that Phineas Cattan at the time of signing the foregoing instrument was one of the Judges of the Court of Common Pleas, in and for the County of Tioga, duly commissioned and empowered to act. And that full faith and credit ought to be given to his official acts as such. In testimony whereof I have here- unto set my hand & affixed the Seal of said County this 5 th day of May 1819.
Thos. Macawell (Clerk)

I the subscriber one of the Judges of the court of Common Pleas in and for the said County of Tioga in the state of New York do transmit the affidavit of James Wygant being duly sworn deposeth and saith that John Daily joined Col. Cummings Regt on or about the first day of March 1782. the deponent saith that he belonged to the recruiting party that enlisted the said John Daily and he the said John Daily did duty in Capt. William Helms's Company in the above described Regt. in the New Jersey line during the revolutionary war and was honourably discharged at the same time that the deponent was, and further saith not and further transmitt the deposition of Philip Morse being duly sworn deposeth and saith that John Daily joined Col. Cummings Regt. in the New Jersey line on or about the first day of March 1782. and served untill the close of the Revolution war and was honourably discharged at the same time with the deponent which was on or about the 12 th day of June 1783. and further the deponent saith not.
I also certify that James Wygant and Phillip Morse is men of good fame and credit and full credit ought to given to their testimony as honest and creditable men given under my hand at Catherine the 4 th day of May 1819
Phineas Cattan

Rev  WIDOW, &c.  am
File No. 9523
Naomi Tongue formly Wid John Leadley Print Rev. War
July 3 d  1853
Index: — Ms. Page 278
[Arrangement of 1870.]
✓

13,662
New York
John Dailey 4
of Catherine in the state of New York who was a private in the regiment commanded by Colonel Cummings of the N. Jersey line, for the term of one year.
Inscribed on the Roll of New York at the rate of 80 Dollars per month, to commence on the 14th of May 1818.
Certificate of Pension issued the 21st of July 1819 and sent to G. H. Hubbard Johnson's Settlement N.Y.
Arrears to 4th of March 1819 1819 77.86 Semi-ann. all'ce ending 1st Sep 1819 48.00
$125:86
{ Revolutionary claim, } { Act 18th March, 1818. }
Discontinued
Letter of James Robinson Esq. 18 Sept 1826.
to the Hon. James Robinson Esq. New Haven, 26 Sept. 1822

✓ 61. 273
Neo Aug

FREE
See
File
Claim of Naomi Tongue } widow of Dr. Daily a rev. } pensioner for a pension additional evidence
Com te of Pensions Washington DE

No 6735
Naomi Tongue formerly the widow of John Daily - New York.
Lt. Thomas Marshall - May 15, 1857.
Ad Feb 3 1853.

Cancelled

John Dailey
in the Army
on the Pension List, Roll of the Agency, at the rate of Eight mence on the fourteenth day of eight hundred and eighteen.
GIVEN
Star
hu
C
151

John Darby widow
requiring new application

Pension Office March 19 th 1857
Sir:
The widow of John Dailey, of N. York, must make application for pension in her present name, showing when Dailey died, when she was married to her second husband, when he died, that she is still a widow and the widow of the pensioner of her first husband's name.
I am Very respectfully Your Oat Servt G. A. A. A. A. Commissioner.
Thomas Marmaduke Esq Elmira N.Y.

Naomi Tongue, widow of Eli Tongue & formerly widow of John Daily dec d a revolutionary pensioner.
Supplementary proof & declara- tion to her papers filed in the Pension office as Naomi Dailey in March 1857 shewing subse- quent marriage & death of second husband, & explanation of her declaration in the name of Naomi Dailey . see proofs of marriage to Dailey & time of his death accompanying the same.
The Maxwell Story Elmira NY

At a County Court held at Elmira in & for the County of Chemung in the State of New York. May 2, 1857
Present Hon Theodore North County Judge
Personally appeared in open Court before the Judge aforesaid Naomi Tongue late Naomi Dailey of both the said County who being duly sworn in open Court deposeth and saith that she is the identical person who on the 11 th March 1857 appeared in this Court as Naomi Dailey & made her declaration in that name as the widow of John Dailey late of the Town of Veteran dec d . That she has been informed that she was not entitled to a pension as the widow of the said John Dailey and being now a widow , did not inform her Attorney of the subsequent marriage until after the papers were made out. She further states that the fact of her marriage with John Dailey dec d and the time of his death are correctly set forth in the said declaration made by her on the 11 th March 1857 before this Court. to wit, he died 13 th September 1835.
That after the death of the said John Dailey she was married to Eli Tongue on or about the 24 th day of February 1840 by Samuel M c Hastings Esq d a justice of the peace of said County duly qualified and that the said Eli Tongue died at Cattle in said County of Chemung on or about the third day of January last (1857) and that she is still a widow having never married since said Tongue's death. and she now claims a pension as the widow of the said John Dailey whose wife she was when he was a pensioner, and is now, as well, the widow of the said John Dailey, the pensioner of that name, as of the said Tongue: she makes this declaration for the purpose of explaining the cause of her applying as Naomi Dailey, which arose from misinformation, and not from advice or information received from her Attorney, Thomas Maxwell.
Naomi an Tongue
Sworn before me in open court the 2 nd day of May 1857. Intestimony whereof I have hereunto set

my hand and affixed the seal of the said Court & County of Cheshire the day & year aforesaid —
Theodore North Cheshire. Judge
Cheshire County ss James M'Wetherby aged 54 years and Martha M'Wetherby aged 48 years both residents of the town of Cattle in said County being duly sworn severally say & each for himself & herself respectively say, that they were present at the marriage between Eli Tongue and Naomi Dailey (then the widow of John Dailey the revolutionary pensioner named in the declaration of Naomi Tongue above named) which took place in the town of Cattle in said County on or about the 24 th February 1840 at the residence of said Tongue and was performed by Samuel M Hastings Esq then an acting justice of said County empowered to perform the marriage ceremony — That the said Eli Tongue and Naomi his wife resided together within a few rods of the residence of these deponents ever since the marriage aforesaid (the highway only dividing their farms) until the death of the said Eli Tongue which took place at his residence aforesaid, on or about the 3 rd day of January last (1857). The deponents both say, that they saw the said Eli Tongue after his death & knew him to be the same person whom they saw married as aforesaid to the said Naomi Dailey — That they have both been acquainted, with the said Naomi Dailey & were acquainted with her some 38 years ago & her husband John Dailey in his lifetime, and with her ever since the death of said John Dailey which occurred in Septem r 1835 — & both of them know that the said Naomi, who is now present is the identical person who was
N. Dailey

to their knowledge for about eighteen years before the death of said John Dailey the wife and subsequent widow of John Dailey dec d and now the widow of Eli Tongue dec d — and that said John Dailey died in September 1835 — Sworn before me
May 2 d 1857
Geo. L. Davis
Justice of the Peace
Chemung County N.Y.
M rs Martha Weatherby
I certify that the above named affiants are credible persons & that I have no interest in this application
Geo. L. Davis
Justice of the Peace
State of New York, Chemung County Clerk's Office ss
Richard Baker Clark of said County do certify that George Davis Esq before whom the above affidavits were made was when they were dated a justice of the peace of said County duly qualified and that his signature above subscribed is genuine. Witness my hand & official Seal May 2 d 1857.
Richard Baker Clark Chemung Co N.Y.

Elmira N.Y. 11 March '57
Sir
I enclose the claim of Naomi Daily widow of John Daily a revo. pensioner under act of 1818. claiming Bounty Land under acts of March 1855 & 14 May 1856
Yrs Thos Maxwell
Com Pension

Oath and Schedule of John Dailey a revolutionary soldier, to be restored to the Pension list _____ ~~~~~

(Copy)
At a Court of Commonpleas holden at the Court house in the Town of Elmira in and for the County of Tioga and State of New-York commencing on the first Tuesday in September 1826
Present,
John M c Connel
John F r Knapp
Jacob Willsey.
Esquires Judges.
On this fifth day of September 1826 personally appeared in open Court, before the Judges aforesaid of the same Court, being a Court of Record because it proceeds according to the course of the Common law, with a jurisdiction unlimited in point of amount, keeping a record of its proceedings, and having the power of fine and imprisonment, John Dailey, resident in said County, aged Seventy two years, the fourteenth day of August last, who being first duly sworn according to law, doth on his oath make the following Declaration, in order to obtain the provision made by the acts of the 18 th of March 1818, the 1 st of May 1820, and 1 st March 1823: That he the said John Dailey enlisted for the term of during the War, in the Spring of the year (the particular day or even the year he cannot now remember but is very sure that it was about two years before the close of the war): that he enlisted at the Sussex Court house in the State of New Jersey, in the Company commanded by Captain Helmes (he thinks his name was William but is not certain) in the Regiment commanded by Colonel Cummings in the line of the State of New Jersey, on the Continental Establishment; that he continued to serve in the said Corps, until the close of the War when he was discharged from the service at a place called Snake Hill about two miles from Newburgh, in the State of New York.
And I do solemnly swear, that I was a resident citizen of the United States on the eighteenth of March Eighteen hundred and eighteen, and that I have not, since that time, by gift, Sale or in any manner disposed of my property or any part thereof, with intent thereby so to diminish it, as to bring myself within the provisions of an act of Congress entitled "An act to provide for certain persons engaged in the Land and naval Service"

Service of the United States in the Revolutionary War" passed on the 18 th day of March 1818, and that I have not, nor has any person in trust for me, any property or securities, contracts or debts due to me; nor have I any income other than what is contained in the Schedule hereto annexed, and by me subscribed.
That my occupation is that of a Farmer; but from my advanced age, and consequent infirmity, and a fall by accident during the late harvest, by which two of my ribs were broken, I am now unable to labour. My family now consist of my wife about forty three years of age; my daughter Elvira, nearly seven, and my son Edward about four years of age: the rest of my children are gone away, and have set up for themselves.
Sworn & Subscribed In open
John Dailey
Court Sept. 5. 1826.
M c Maxwell
Schedule of my property as follows:
I am in possession of, and yet own fifty acres of rough up-land, though I have made a verbal agreement with Philo A. Baldwin, a near neighbour of mine, to sell it to him, and have received Forty Dollars in money and weaving towards the consideration; but no deeds or other writing of conveyance has passed between us: and the sum aforesaid which I have received from him has been consumed in the support of myself and family:
One Cow.
3 Cups & Saucers
One Calf
3 small plates,
One table
one old pot
Six chairs
one tea kettle
Two barrels
One spider
One wheel
one frying pan
One reel
one Coffee pot
One Cullender
Eight pewter Spoons
Two small bottles
Knives & forks
Three Tin pans
Three Sheep
That the only change which has been made in my

property since the exhibition of my first Schedule (except what is already above stated with regard to my land) is with respect to my Sheep, which have all but the three stated in this Schedule, been destroyed by wolves, dogs, or both.
Sworn & subscribed in open Court Sept. 5. 1826.
John Dailey
Th s Maxwell Clk of Tioga County N.Y.
State of New York, Tioga County } ss. Clerk's office }
I Thomas Maxwell Clerk of the said County of Tioga and Clerk of the Court of Common Pleas above mentioned, do certify, that the foregoing Schedule, and oath, have been admitted to the record of the said Court, and that the same are truly copied therefrom: and I do further certify, that it is the opinion of the said Court, that the total amount in value, of the property exhibited in the aforesaid Schedule, is One Hundred and eighty one Dollars.
In Testimony whereof, I have hereunto set my hand, and affixed the seal of the said Court, on this Seventh day of September 1826.
Th s Maxwell, Clerk of the Court of Common Pleas of Tioga County N.Y.

Exemplification of Deed John Daily To Philo A. Baldwin
fees $1.25

At a Court of General Sessions of the Peace held at the Court House in the Town of Elmira, in and for the County of Tioga and State of New York, commencing on the First Tuesday in January in the year 1828.
Present.
Hon. Darius Benthy, J. Talbot Waldo } Esq rs Judges Hiram Gray Esquire, Justice.
On this first day of January 1828 personally appeared in open Court, (being a Court of Record, because it is made a Court of Record, by the law of the State which created it, and because it proceeds according to the course of the common law, keeps a record of its proceedings, and has the power of fine and imprisonment, John Dailey, resident in said County, aged Seventy three years who being first duly sworn, according to law doth on his oath make the following declaration, in order to obtain the provision made by the acts of Congress of the 18 th March 1818, and the first of May 1820; that he the said John Dailey enlisted for the term of during the war, the time not particularly recollected, but it was about one year and an half before the army was disbanded, in the State of New Jersey, in the company commanded by Capt. Helms in the Regiment, commanded by Colonel Cummings in the line of the State of New Jersey, on the Continental Establishment that he continued to serve in the said corps, until the army was disbanded, when he was discharged from the service near Newburgh in the State of New York; that his name has been placed on the pension list, and dropped therefrom on account of his property.
And in pursuance of the act of the 1 st of May 1820 I do solemnly swear, that I was a resident citizen, of the United States on the 18 th day of March 1818; and that I have not since that time by gift, sale, or in any manner, disposed of my property or in any manner, disposed any part thereof, with intent thereby so to diminish it as to bring myself within the provisions of an act of Congress entitled An Act to provide for certain persons engaged in the Land and Naval Service, of the United States in the Revolutionary

War," passed on the 18 th day of March 1818; and that I have not, nor has any person in trust for me, any property or securities, contracts or debts due to me, nor have I any income other than what is contained, in the Schedule hereto annexed, and by me subscribed,
Valued by the Court at $19.25
  one Cow 3 plates   3 Sheep 1 pot   1 Table 1 Tea Kettle   6. Chairs 1 Spider   2 Barrels 1 Frying Pan   1 Wheel 1 Coffee pot   1 Reel 8 Butter Spoons   1 Cullender Knives & Forks   3 Cups & Saucers 2 Glass Bottles.   3 Tin pans 
(Signed)
John Daily
That since the exhibition of my first Schedule, the following changes have been made in my property; viz:
My land (fifty acres) I sold to Philo A. Baldwin by deed bearing date in May last, as by the exemplification of the deed will more fully appear: And that I have received from him the sum of Two hundred Dollars, in consideration thereof, in the following manner; Forty dollars he had paid me, previous to my giving him a deed, in weaving, grain & money, all which went for the support of myself and family the particular items, not recollected - Ninety three dollars and 56 cents said Baldwin has paid to Walter Dailey, which sum I owed him for work and labour, including Ten Dollars in money, said Walter paid me for dressing cloth, and carding wool; And Sixty dollars and forty four cents said Baldwin has paid to William Dailey, which sum said William had paid for me, in doctor's bill, schooling and necessaries for myself and family, which will more fully appear by his testimony, the particular detail of which is not now within my recollection - and Six Dollars said

Baldwin has paid me in the course of the past season in grain and other necessaries for my family. Seven of my Sheep have been killed by dogs or wolves.
My family who reside with me, are my wife Anna aged about forty four years; enjoys ordinary health, & is capable to labour as women generally are of that age - my daughter Elvira about eight years old, and my Son Hiram about 15 months old. My occupation is that of a farmer, but have been unable to labour for two or three years past, on account of the infirmity of age, and a settled debility in the left side -
Sworn & Subscribed In open Court the 1 st day of January 1828
John Dailey,
Th. Maxwell Clk
I Thomas Maxwell, Clerk of the Said Court do hereby certify that it appears to the satisfaction of the Court that the said John Dailey did serve in the Revolutionary War, as stated in the preceding declaration, against the common enemy for the term of Nine months, under one engagement, on the Continental Establishment. I also certify that the foregoing oath and the Schedule thereto annexed, are truly copied from the records of the said Court: and I do further certify that it is the opinion of the said Court, that the total amount in value of the property, exhibited in the aforesaid Schedule is Nineteen Dollars, twenty eight cents:
In Testimony whereof I have hereunto set my hand and affixed the Seal of the said Court the 8 th day of January AD 1828
Th. Maxwell Clk of the County Court of Tioga for New York

The People of the State of New York by the grace of God, Free and Independent: To all to whom these presents shall Come or may in any wise concern, Greeting.
Know Ye, that having inspected our records of Deeds, remaining in the office of the Clerk of our County of Tioga we do find therein in Book N o 19 of Deeds page 84, the record of a Deed in the letters, words and figures following towit:
This Indenture, made the first day of May in the year of our Lord one thousand eight hundred and twenty seven, Between, John Daily of Veteran in the County of Tioga and State of New York, of the first part and Milo A. Baldwin of the same place of the second part - Witnesseth; That the said party of the first part, for and in consideration of the sum of two hundred and eighteen Dollars, to him in hand paid by the said party of the second part, the receipt whereof hereby confessed and acknowledged; hath granted, bargained, sold, remised, released, aliened, and confirmed; and by these presents, doth grant, bargain sell, remise, release, alien and confirm, unto the said party of the second part, and to his heirs and assigns forever All that certain piece or parcel of land known as the South part of Lot N o Thirty two in the Southwest quarter of Township N o Three in the Twelve Townships in the County of Tioga and State of New York bounded South by the north bounds of lot number Thirty Three, West by Lot N o Thirty one, East by lot N o Twenty five, and to extend North so far as will make and include Fifty acres of Land. — Together with all and singular the hereditaments and appurtenances thereunto belonging or in any wise appertaining; and the reversion and reversions, re- mainder and remainders, rents, issues and profits thereof; and all the Estate, right, title, interest, claim or demand whatever of the said party of the first part either in law or equity of in and to the above bargained premises with the said hereditaments.

and appurtenances: To Have and To Hold, the said above described Fifty acres of Land, unto the said party of the second part, his heirs and assigns to the sole and only proper use, benefit and behoof, of the said party of the second part his heirs and assigns, to the sole and only proper use, benefit and behoof, of the said party of the second part his heirs and assigns forever — And the said party of the first part for himself, his executors and administrators doth covenant grant bargain, promise and agree to and with the said party of the second part his heirs and assigns, that he the said John Daily in the quiet and peaceable possession, of the said party of the second part his heirs and assigns, against all & every person or persons lawfully claiming or to claim the whole or any part of the above mentioned and described premises, will forever Warrant and Defend.
In Witness whereof, the said party of the first part hath hereunto set his hand and seal on the day and in the year first above written —
Signed, Sealed & Delivered } In presence of } J. H. Maxwell David Coe
John Daily (S)
State of New York } On the 1 st day of May 1827 before me personally Tioga County S. } appeared John Daily the person described in and who executed the within Deed, to me known to be the same person who acknowledged to me that he executed the same, for the uses and purposes therein expressed —
J. H. Maxwell
Comr. Tioga Co.
Recorded on the 1 st day of May 1827 at 2 o'clock P.M.
All which we have caused to be accomplished —
In Testimony whereof, Thomas Maxwell Clerk of the said County have hereunto subscribed my name and affixed the Seal of the said County the

fifth day of January in the year of our Lord one thousand eight hundred & twenty eight
Th: Maxwell. Clk

State of New York } Tioga County ss } Walter Dailey of the town of Batharine in said County being duly sworn according to law doth depose and say that he is nearly twenty seven years of age and is the son of John Dailey of the town of Veteran a Revolutionary Soldier and that for some or five years past this deponent has contributed to the support of his said Father in the following manner, he has done work and labour for him, found and provided necessaries for him, paid and advanced money for him in all to the amount of one hundred and eighteen dollars - that a little upwards of one year since this deponent and his said Father liquidated their demands when the aforesaid sum was found due to this deponent and a verbal agreement was entered into between us that this deponent should have a part of his then fifty acres of land, this agreement was however afterwards abandoned and the said John Dailey sold and conveyed the said fifty acres to Philo A Baldwin for the consideration of two hundred dollars though the consideration expressed in the deed is two hundred and eighteen dollars and this deponent further saith that the said Baldwin has paid to this

deponent the sum of Ninety three Dollars and fifty six Cents on account of the said John Dailey and which was due to this deponent from the said John Dailey as herein before stated And this deponent further saith that the said two hundred Dollars was the full value of the said sixty acres of land and that his Father has been obliged to sell and dispose of it as before stated for his necessary support and subsistence together with that of his family - that he is and has been for two or three years past wholly unable to labor for his support on account of his age and bodily infirmities - that at the present time he has to depend upon this deponent and his brother William mainly for his support and further this deponent saith not - Sworn and subscribed to Walter Daily this 24 th day of January 1828 before me - H. Gray J P
I certify that the above named deponent is a credible witness January 24 th 1828 H. Gray J P

John Dailey
Sept 1819
The items for labour alleged to have been rendered by the claimant's sons, were not admitted in the examination of this claim. The claim was thought complete without taking these charges into consideration.
Hon. D. Woodcock H.R. Feb 4. 1828

State of New York } Tioga County ss } Philo A Baldwin of the town of Ceteran in said County being duly sworn deposeth and saith that he this deponent some considerable time previous to the first of May last past made a verbal bargain with John Dailey, a Revolutionary soldier who had been placed on the pension roll, to purchase of said Dailey fifty acres of land on which said Dailey then resided for the consideration of two hundred dollars and paid him in ad- vance on said contract the sum of forty dollars in grain and other necess- aries for himself and family said Dailey being poor and needy - that some time afterwards to wit on the said first day of May last he this deponent completed the bargain with said Dailey and took a deed from him for the said fifty acres which is upland and rough and situated off the main road and this deponent thinks he gave the full value of said premises in the con- sideration before stated - that in addition to the said forty dollars this deponent has paid to the said John Dailey the sum of one hundred and sixty dollars in manner following that is to say ninety three dollars and fifty six cents to Walter Dailey which said John Dailey owed him for a debt agree

upon between themselves and which this deponent has understood accrued for work and labor done and performed by the said Walter for the said John and also for money which the said Walter had paid for the said John as the said John has not been able to labor much if any for some years - and this deponent further saith that he has paid the further sum of sixty dollars and forty four cents to William Daiby which this deponent understood was a debt due to said William by said John for monies which said William had William had paid for said John in Doctors bill schooling and other necessaries for said John and his family - the said Walter and William Daiby having mainly supported the said John and his family for some years - and this depo- nent further saith that since the said debt was given as aforesaid he has paid to the said John the further sum of six dollars in grain money and other necessaries for himself and family amounting in the whole to the said sum of two hundred dollars and further this deponent saith not sworn and subscribed this 9 th day of January 1828 - before me - D. Hudson. A. B. Baldwin

Hiram Gray J.P. Tioga Co.
I Certify that the above named deponent Phoebe A Baldwin is a credible witness. Jan'y 8 th 1828
Hiram Gray J.P. Tioga Co.
State of New York Tioga County Clerk's Office
I Thomas Maxwell Clerk of the said County do hereby Certify that Hiram Gray Esq. whose name is subscribed to the three foregoing affidavits was when the same were severally taken a Justice of the Peace in and for said County duly Commissioned sworn & authorized by law to take affidavits and that full faith and Credit are due to his official acts. That I am acquainted with the handwriting of the said Justice & truly believe the several signatures of "Hiram Gray" subscribed to the said affidavits are in the proper handwriting of the said Justice. Witness my hand & seal of office the 26 th January 1828
Th s Maxwell Clerk

State of New York } Tioga County } William Daily
of the town of O'Brien in said County being duly sworn deposes and saith that Phoebe A Baldwin of the same place has paid to this deponent the sum of sixty dollars and forty four cents which John Daily of the same place a Rev- olutionary soldier owed to this deponent for work and labor done and performed for the said John and for money paid for the said John and necessaries found for and provided for the said John and his family for about four years past - the said John being unable to labor much during that time and being poor and needy and being unable to sup- port himself and family without the assistance of this deponent and his brother Walter Daily all of which has been performed by this deponent and the said Walter since we were twenty one years of age and this deponent further saith that the said Phoebe A Baldwin has bought of the said John Daily

his fifty acres of land by Dred hearing date the first of May last and the said sum of sixty dollars and forty four cents paid to this deponent by the said Baldwin is a part of the consideration money of said purchase — and further this deponent saith not —
William Daily
Sworn & subscribed } this 9 th day of } January 1828 } before me — Hiram Gray J.P. Tioga Co
I certify that William Daily the above deponent is a respectable witness & credible Jan'y 9 th 1828 Hiram Gray J.P. Tioga Co

PENSION OFFICE,
June 12 th 1857.
SIR: Be pleased to inscribe on your roll, under the act below mentioned, the following names, and pay the pensions as directed opposite the names.
Respectfully,
W. C. Hovey Commissioner of Pensions.
To J. Vandupool Esq., Pension Agent.
   NAMES. RANK. ACT. ANNUAL AM'T. COMMENCEMENT OF PENSIONS. CONTINUATION OF PENSIONS.      Naomi Pongue, Formerly widow of John Dailey,   Private,   2 d Section per month   60.00   February 3 d 1853   widowhood   
Altamont Pension Agency. June 15 th 1857.
Geo. C. Whiting Esq. Commr. of Pensions.
Sir,
Before inscribing this Pensioner on the Roll, I would take the liberty of asking, whether there is not a mistake in striking out "annual" and inserting "per month", it being paid under 2 d Section & continuing for during widowhood.
Very Respectfully Your affec. Servt. J. Vandupool Pen. agent. By Cor. A. P. Rosech.

Treasury Department 2 a Auditors Office 2 a Octr 1831,
Sir,
You will please furnish this Office with the usual Certificate of proof in the case of John Daily, private in Capt. Simonson's M Rifls, & oblige,
Very Respectfully Yrs ob. Servt D. H. Layton 2 a Auditor
James E. Heath Esqr. Com r of Pensions
CCH

No 270.743 act 3 March 55 & 14 May 56.
Elmira NY May 2 1857
Sir
I enclose the explanatory afft & proofs of Naomi Tongue who applied for Bounty land in the name of Naomi Dailey for the Revo- lutionary services of John Dailey dec d . Make This comm n to avail myself of the proofs now on file in the case No 270.743 as to the marriage with John Dailey & the period of his death which could be now procured without very great difficulty & expense. I was misled in the case by her not informing me all the facts until after the papers were ready to send , in the pension case in the Bounty land case & this one had been mailed.
Yours &c H. H. Maxwell

Brief in the case of Naomi Tonge, formerly wid of John Daily, Chemung County and State of New York act 3 Feby 1853 - 2 Sec
Claim, ("original," or "for increase" )
Proof exhibited, (if original.)
Is it documentary, traditional, or supported by rolls? If either, state the substance.
Text"> Her former husband was pensioned under the Act of 1818 & 1820, at $96 a year and died in 1835
Marriage proved by Witnesses
(If for increase.)
Has additional evidence been filed since the admission of the claim? If so, what?
Cohabitation, general reputation of marriage, her identity as the pensioner's widow, his death, the death of her second hus- band and her present widowhood by credible Witnesses
Name and residence of Agent
Thos. Maxwell Esq Elmira N York
Thomas D. Smith Examining Clerk.

Third Auditor's Office March 16. 1837.
Sir:
John Bailey, ret 18 March 1818. at $8. per month, Albany N.Y. Roll, died Aug. 24. 1835 & his pension has been paid in full to that date. Very Resp'y Yours Aff. Servt.
Wm. J. Simmons
Auditor
Rev. C. Whiting Esq. Commr. of Pensions

Gen Off Mch 19. 1857 -
in, Please state when John Dailey, of N.Y. was last paid under the Act of 1818. at $96 a year.
R. S. Atkinson, Esq 3 Audit
Respectfully S. Cole Chf Clerk
Triplitt

Phil. Maynard Esq,
Albany, Jan 3 1857
Dear Sir
Yours of the 30 th inst is rec d & the Contents noticed - I then examined the Books at the Pension Office here & find that the Pension Agency was not established in this City till 1835 and John Parkers name is not enrolled in these Books & the Pension Agent says that this Pension must have been given at some other Office
Yours Respectfully
G. P. Johnson

Elmira Ny March 11.
Sir
I enclose the application of Naomi Daily widow of John Daily a revo. pensioner under act of 181 on N.Y. Pension Roll, Hoja C o N o 13662 at $96 - who claims a pension under act of 3 Feb 1853
Yrs &c M. D. Adams
Com Pension

Johnson's Settlement } Oregon May 15 th
Admitted
Free
Hon. J. C. Palkour Secy of War Washington City
off. copy

The Secy of War is requested to order direct the returns in answer to this report to this office in order Information when such returns are may be had if a certificate is obtained
G. H. Thomas P.M. Pioneer Settlement N.Y.
9/11/60

Naomi Tongue. formerly Widow of John Dailey Chemung Co. N.Y.
advd 23 Feby 1853- $96 a year. from the interest the Acc
legat to Thos. Maxwell Esq Elmira N.Y.

huge strong

Owego Jan 1. 1857 Thos Maxwell Esq:
Dear Sir;
The records of the Surrogate's Office show that John Daily died in "August or Septem- ber 1835" that he left a will dated October 25. 1834 - David Banks & Francis Mandeville administrators:- That on the 8 th day of March 1837 Letter of Administration with the will annexed (there being no Executor or Executrix named in the will) were issued to his widow Naomi Daily and Benjamin Hackney (at her request) with the will annexed and that they pro- ceeded to administer on said estate There is no evidence of the precise day of the testator's death - Only that it was in August or Sept r or

in the fall of 1835. Walter daily did not take out letters of Ad- Now please state to me precisely what you wish, if any thing in relation to either of these facts and I will endeavor to comply with your request -
Very Respectfully
Sincerely Yours
Stephen Strong
(Surrogate Troy N.Y.)
11/7

M rs Dailey Pension
discrepancy as to time of husband's death
M rs Dy 21 Jan 21 Sep 1835

Pension Office, May 15 th 1857.
Sir:
In relation to the claim for pension of Mrs. Naomi Tongue, formerly the widow of John Daily, you are informed that the Declaration of claimant and the testimony of the witnesses show that her husband died on the 13 th of September, 1835. The pensioner of her husband's name, did not die at that time. An explanation, as to this discrepancy, must be made before the present claim can be admitted.
I am, respectfully, Your Abt. Sec., W. A. W. (Commissioner.)
Thomas Maxwell Esq. Elmira, N. Y.

3 d Auditor's Office May 13. 1837.
Sir: John Bailey, Albany N. Y. act 1818, at $8. per Month, appears from voucher on file in this Office to have died August 24. 1835 to which date his pension has been paid in full to Naomi Bailey his widow.
Very Resp y
W. Johnson
Auditor
Rev: C. Whiting Esq. Comm r of Pensions

Pension office, May 11. 1837.
The 3 d Auditor will please certify the date to which within named pension was paid; and name of widow if she drew the arrear. The declaration and proof states the date of death to be " 15 th September 1835 "
Very respectfully
J. Clegg Chief Clerk
Brooks

Elmira Ny 2 May 1857
Com. Pensions.
I enclose the explanatory & supplemental declaration of Martha Tongue, who applied for a pension as widow of John Daily died a Revolutionary pensioner. When her papers were made out she did not apprise me of her subsequent marriage to Tongue.
Respectfully W. B. Searle W. B. Searle

Elmira Ny June 6 1857
Hon G. C. Whiting Com. &c
Sir.
In the case of Naomi Tongue the widow of John Dailey a revo. pensioner, claiming a pension as such widow, I enclose affidavit & papers explanatory of the alleged discrepancy as to the time of Dailey's death. To do so, I have been compelled to make my own affidavit as the only explanation which can be given: Supposing the date given by Tebulton Dailey the son of the pensioner was the correct one, the other papers were prepared on the assumption that he had given the correct date and the declarant & witnesses probably did not notice the date when they were read to them, though Mrs. Tongue tells me that in her opinion the true date is the 21 st September 1835.
It is somewhat difficult to procure her aff t as she would be compelled to travel to Elmira some 20 miles over a rough road, & she, old & infirm as there is no officer near her residence —
I assume that the important point in the case is to identify her as the widow, no matter at what time in the year 1835 he may have died — I suppose it is sufficient to show that he did die and that she is his widow. The discrepancy of a few days cannot alter the facts either way — The only record evidence we can learn of, is on file probably in the Treasury Department where I believe the old certificates of pensioners are forwarded from the Pay agencies. & which when found will show that she drew the arrears of his pension & was proven before some Court of Record to have survived him & to have been his widow. If that document (which we cannot reach) shows that any other than Naomi Dailey drew the arrears, we may be put to further

proofs - but I cannot but believe that the papers now forwarded will be satisfactory -
Very Respectfully,
Robt. Smut
Thos Maxwell

1 March 1823
John Dailey, N.Y.
James Robinson, Elmira, N.Y.
Recd. 18 Sep. 1826.
Washington
Secretary of War
Patent Office
Mr. Mason
Elmira N.Y.
1826

Newton Sept 9 1826
Sir
I enclose you the Declaration and Schedule of John Saily in order that it may be reexamined; and from the discretionary Power vested in this Department by the Act of the first of March 1823 - his age, bodily infirmity and scanty means of subsistence, apparent upon his proceedings, he feels assured that your Honor will not hesitate to restore him to the list of Revolutionary Worthies, who, in the evening of their days are thus receiving the evidence of their Country's Gratitude
I am Sir,
With great consideration
Your ob. Servt.
James Robinson
To the Hon. James Parkhouse Secretary of War

No 270.743 under acts of 3 March 55 & 14 May 1836 - Naomi Tongue widow of John Dailey a coo. pensioner - who applied in March 1857 in the name of Naomi Dailey for Bounty land under said acts.
Supplementary & explanatory declaration of proofs
The attached Atty Elmira NY

PENSION OFFICE,
March 13 th , 1857.
SIR:
The claim of Naomi Dailey & John Dailey No. 270743 for bounty land under the act of March 3, 1855, has been received, and will be attended to in its turn. It is therefore respectfully requested that every applicant will wait a reasonable time before making application to know what has been done in relation to his or her claim. All applications will be disposed of as fast as the nature of the business will admit, and immediate notice given to the parties, or their agents, who are requested to furnish the No. of the application, and the act of Congress under which the claim arises, in all their communications.
Respectfully,
GEO. C. WHITING,
Commissioner.
Thos. Maxwell Esqr

no 270:743
Naomi Daily

Indior Office, April. 3. 1857.
Sir:
The Application for bounty laws of Mrs. Naomi Dailey, has been rejected; it appears she was married after the decease of John Dailey.
Application should be made in her real name as the widow formerly of John Dailey, & proof of her subsequent marriage & last husband's death should be filed.
Yours Respectfully, Geo. Voluntary
H. Maxwell Esq. Albany, N.Y.

State of New York Chemung County ss } Naomi Tongue of said County being duly sworn says that she is the same person who as Naomi Dailey, made a declaration claiming Bounty Land as the widow of John Dailey, de which declaration is filed in the Pension Office and is numbered 270.743: that she did not then inform her counsel (Thos Maxwell) of her subsequent marriage after the death of said John Dailey to Eli Tongue & his decease after such marriage, having been informed that she should apply as the widow of John Dailey. She further declares that after the death of said John Dailey she was married to Eli Tongue on the 24 February 1840 at the town of Catin in Chemung County by Samuel M. Hastings Esq. then an acting Justice of the peace of said County - That no marriage certificate was given at the time; that the said Samuel M. Hastings left the county of Chemung some seven years ago and that his residence is unknown to the deponent nor has she been able to ascertain that he kept any record of marriages; and from the circumstances under which he left the country, it is not possible either to trace him or find his record, if he kept one -
That the said Eli Tongue died on the 3 rd day of January 1857 in the said town of Catin & was buried in the town of Elmira Elmira, the adjoining town where the members of his family who had departed this life were buried -
She further states that she is still a widow having never married since the death of said Eli Tongue and refers to the proofs annexed to her said declaration no 270.743. for the date of her marriage to the said John Dailey & the time of his death; and renews her claim to Bounty Land under the acts of March 3. 1855 & May 14. 1856 and declares that she has never received Bounty Land for the services of the said John Dailey, nor made any application therefor except the one referred to no 270.743 now on file in the Pension Office the which

this declaration is supplementary.
Sworn before me May 2 d 1857. Good Dacus
Naomi see Tongue mark
Justice of the Peace Chemung Co. N.Y.
Chemung County ss James M. Wetherby aged 54 years and Martha Wetherby aged 48 years both of the town of Catlin in said County being duly sworn say & each for himself and herself respectively say: that they were present at the marriage between Eli Tongue and Naomi Dailey (then the widow of John Dailey the revolutionary pensioner named in the declaration of Naomi Tongue above named) which took place in the town of Catlin on or about the 24 th February 1840 at the residence of said Tongue & was performed by Samuel M. Hastings Esquire then an acting justice of said County empowered to perform the marriage ceremony: that the said Eli Tongue and Naomi resided together within a few rods of the residence of their deponents ever since the marriage aforesaid (the highway only dividing their farms) until the death of the said Eli Tongue which took place at his residence aforesaid on or about the 3 rd day of January last, 1857: The deponents both say that they saw said Eli Tongue after his death & knew him to be the same person whom they saw married as aforesaid to the said Naomi Dailey. That they have both been acquainted with the said Naomi Dailey (now Naomi Tongue) & were acquainted with her some 38 years ago her husband John Dailey in his life time, & with her ever since & know, both of them that the said Naomi who is now present, is the identical person who was the wife & subsequent widow of John Dailey dec d & now the widow of Eli Tongue, and that she continues such widow. — That said Samuel M. Hastings left the country some 7 years since & his residence unknown.

That from circumstances known to them, they do not believe he kept a record of marriages. Sworn before me } May 2 1857 } Will Weatherby Good Davis } Martha Weatherby Justice of the Peace Chemung County NY
The foregoing supplementary declaration and affidavits were sworn to & subscribed before me on the day & year above mentioned, and I certify that I know the affiants to be credible witnesses: that the claimant is the person she represents herself to be and that I have no interest in this claim — Good Davis Justice of the Peace
State of New York } County Clerk's Office } J. Richard Baker Clerk of said County do certify that Geo. L. Davis Esq before whom the foregoing affidavits were made was when they bear date a Justice of the Peace of said County duly qualified and that his signatures above subscribed are genuine — Witness my hand and Official Seal the 2 o May 1857
Richard Baker Clerk Chemung Co N.Y.

Naomi Tongue widow of John Dailey
Explanatory aff.

State of New York
Chenango County ss 3 Thomas Maxwell of Elmira in said county aged 65 years being sworn says that he presented the claim of Naomi Tongue as the widow of John Dailey dec d . to the Com t of Pensions. That when the papers were drawn up he first procured the affidavit of Zebulon Dailey a son of the deceased pensioner who was present at the marriage between his father, the pensioner, and the claimant (the son by a former wife) & was also present at the time of said John Dailey's death which he fixed at the 13 th of September 1835. Presuming his information as to the date to be the best, the deponent prepared the declaration of the claimant & the proofs of the other witnesses fixing the time as the 13 th September 1835. Since receiving the letter from the Pension Office hereto annexed he has endeavoured to procure some record evidence of the precise date of said Dailey's death. On application to the Surrogate of Tioga County (of which the present county of Chenango then comprised a part) for information from the records of his office as to the time of his death he received the letter herewith sent in reply. He then applied at the pay agency in Albany N.Y. to ascertain from their  his books to what period the said John Dailey was paid as a pensioner, but rec d the answer of Mr. Sermain of Albany herewith transmitted. He has recently seen the claimant Naomi Tongue who informs him that she drew from the Pay agent over a year's pay after the death of said John Dailey as then due to him: that his health was such in March 1835, that he was not able to execute the necessary papers & it passed over the succeeding semiannual payment due in Sept r 1835 & after his death she received the amount due, being as she states, over a year's pay: and that her best

recollection now is that his death took place on the 21 st September 1835 & that she received pay to that date. The said Naomi is in feeble health and resides at a distance of about 20 miles from the deponent in a place difficult of access either by mail or otherwise. The deponent did not take her affidavit as he then expected to be able to procure record evidence of the fact either at the Surrogate's office or the Pay office in Albany. That she is the widow of the pensioner John Dailey is a fact well known to the deponent as he knew him well & was present in Court when his application was originally made & from reference to Memorandums kept at the time by the deponent (then Clerk of when said Dailey applied under the act of 1820 Niagara County NY) he finds the name of said John Dailey entered as having served in Capt. Helmer's Comp y Col. Cuming's 2 nd New Jersey Regiment, and that his certificate No 13,662 bears date 21 July 1819. The deponent knew John Dailey from his earliest infancy as he was one of the early settlers of the country & knows that Naomi Tongue lived with him as his wife until his death; and that she is the widow of the identical John Dailey who was the pensioner referred to — The letter of the Surrogate shows that letters of administration were issued to Naomi Dailey as widow of John Dailey —
When the papers were made out for Mrs Tongue & the other witnesses the date given by Zebulon Dailey was assumed to be the correct one, relying upon his knowledge of the time and their general recollection that the death occurred in the month of September 1835. The important fact it is presumed is the identification of Naomi Tongue as the widow of John Dailey, the deceased pensioner , whether he died on the 13 th or the 21 st September 1835 it is not in the power of the applicant to show, as the only record evidence of that fact within her knowledge was the proof at the time the pension certificate was returned to the pay office, when the arrear of pension

were paid on her former of Attorney, which is probably on file in the Treasury or some other department of the Government at Washington, and beyond her reach - Sworn before me } Thos Maxwell June 6 th 1857 }
W. G. Love Justice of the Peace of Chemung Co.
Chemung County ss. Philo B Dailey of said County Commissioner of Schools, age 26 years & upwards being sworn says that he is the son of Zebulon Dailey named in the foregoing affidavit who is the son of John Dailey the pensioner named therein by his former wife - That his grandfather John Dailey the revolutionary pensioner, died as well as he can ascertain the period in the month of September 1835. That Naomi Tongue, the appli- cant for a pension above named, was the wife of the said John Dailey at the time of his death as he is informed by the tradition in the family & from his recollection when a child as considering them his grandfather & grandmother - That they lived together as husband & wife & were so considered and acknowledged by the family - That the said Naomi subsequently married Eli Tongue who died sometime in the last winter and is now a widow: and is the same person who was the widow of John Dailey the revolutionary pensioner aforesaid -
Sworn & subscribed before } Philo B. Dailey, me June 6. 1857 }
W. G. Love Justice of the Peace of Chemung Co.
I Verily I. Love the Justice above named do certify that Thomas Maxwell & Philo B Dailey the who subscribed the foregoing affidavits before me are in my opinion credible persons & that I have no interest in the claim of Naomi Tongue to which said affidavits refer - June 6 1857. } W. G. Love Justice of the Peace of Chemung Co. N.Y.

State of New York Chemung County Clerk's Office & I Richard Baker clerk of said County do hereby certify that W. S. Love Esq before whom the foregoing affidavits were made was when they were dated a Justice of the peace of said County duly qualified & that his signatures above subscribed are genuine. Witness my hand & official seal June 6 th 1857 —
Rich d Baker Clerk Chemung Co. N.Y.