Revolutionary War Pension and Bounty Land Warrant Application File S. 18372, Jeremiah Day, Mass.

SERVICE
NUMBER
Mass.
Day, Jeremiah
S. 18372
carded
CONTENTS
Twelve horizontal dotted lines for handwritten entries.
Twelve horizontal dotted lines for handwritten entries.

80
Norfolk

21. 189 Massachusetts Jeremiah Day of Norfolk in the State of Mass who was a Private in the Corp commanded by Captain Chung of the Reg commanded by Col. Whelock on the Mass line for 9 Mos.
Mch
Inscribed on the Roll of Mass at the rate of 30 Dollars  Cents per annum to commence on the 4th day of March, 1831.
Certificate of Pension issued the 23 day of Aug. 1833 and unto H. Bap Walpole
Arrears to the 4th of Ma' 33 $ 60 Semi-ant. allowance ending Sept' 33 15 $ 75
{ Revolutionary Claim, } Act June 7, 1832. }
Recorded by O. C. Gilhy Clerk, Book E. Vol. 2. Page 17.

12 1/2 Juvenile Day
11 12 14 16 00
(May 16 1833)
~ 9 Months
P. 398 Harvey Clap P. 167 Walpole Mass

BRIEF in the case of  Jeremiah Day of Walpole  County of Norfolk  in the State of Massachusetts  (Act 7th June, 1832.)
 1. Was the declaration made before a Court or a Judge? Court  2. If before a Judge, does it appear that the applicant is disabled by bodily infirmity?  3. How old is he? 78  4. State his service, as directed in the form annexed. 
   Period. Duration of Service. Rank. Names of General and Field Officers under whom he served.   Years, Months, Days.     Summary In 1776 — 2 — Subs. for Henry Hurd Gen. Capt. Ephraim Chesney. Mass. Militia   Volunteered 1 July 1776 — 5 — private Col. Wheelock   drafted 1. June 1778 — 2 — " Capt. Joseph Daniels   Sergeant James Smith  
 5. In what battles was he engaged? Not any  6. Where did he reside when he entered the service? Walpole Mass.  7. Is his statement supported by living witnesses, by documentary proof, by traditional evidence, by incidental evidence, or by the rolls? living witness & by traditional evidence  8. Are the papers defective as to form or authentication? and if so, in what respect? not properly attached. 
I Certify that the foregoing statement and the answers agree with the evidence in the case above mentioned.
Chas. S. Wilcox Examining Clerk.
2nd March 1833

I Timothy Mann of Walpole, county of Norfolk & Commonwealth of Massachusetts, eighty four years of age do testify & declare that Jeremiah Day of the same Walpole, served in a company of Militia commanded by Capt Joseph Daniels five months at Ticonderoga in the year 1776 as private in said company and that I served as a Sergeant with him in said company during said term of time
Timothy Mann
Commonwealth of Massachusetts
Norfolk ss. Walpole May 31 st 1833. The above said deponent being cautioned & examined subscribed & sworn to the same
Before me Harvey Clap Justice of the Peace
I further certify that said deponent (viz) Col. Timothy Mann is a credible witness & in my opinion full credit is to be given to his testimony
Harvey Clap Justice of the Peace
Commonwealth of Massachusetts
Norfolk ss.
I James Ware Clerk of the Supreme Judicial Court being a Court of Record in said County of Norfolk hereby certify that Harvey Clap Esquire before whom the above deposition purports to have been taken, is a Justice of peace in and for said County duly appointed commissioned and qualified to discharge the duties of said Office and that his signatures above are genuine & true, being well acquainted therewith. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said Court hereunto this first day of June A.D. one thousand eight hundred & thirty three.
James Ware.

Commonwealth of Massachusetts.
County of Norfolk ss. On this sixth day of September in the year of our Lord one thousand eight hundred and thirty two, personally appeared in open court before the Honorable Judge of the Count of Probate now sitting at Disham in and for said County, Jeremiah Day a resident of Walpole in said County, aged seventy eight years, who being first duly sworn, according to law, doth on his oath make the following declaration in order to obtain the benefit of the act of Congress passed June 7th, A. D. 1832.
THAT he was born at Walpole on the thirteenth day of April A. D. 1754, and that there is a record of his birth on the town records of Walpole : that he was in the United States service from the month day of January A. D. 1776, to the month day of March A. D. 1776 2 months as a private in the Massachusetts Militia : that he was residing at Medfield in said County when he entered the service; that he was a substitute for Henry Standing of Medfield and served for the period aforesaid under the command of Captain Ephraim Cheney of what regiment he does not recollect but believes it was Colonel Grooton's : that he marched from Medfield to Roxbury
: that he served with other Militia troops
of the regular troops; and
no
regular officers
were known to him: that he was in no battle
but not in contingency : that he left the service on about the month of March 1776 and that since the Revolutionary war he has resided at Walpole & that he has no documentary evidence of this service -
ALSO: that he was in the United States service from the first day of July A. D. 1776, to the about the first day of December A. D. 1776 5 months as a private in the Massachusetts Militia : that he was residing at Medfield when he entered the service; that he was a volunteer and served for the period aforesaid under the command of Captain Joseph Daniels of Colonel Wheeler's Regiment : that he marched from Medfield to Ticonderoga through Charlestown New Hampshire : that he served with some
of the regular troops; and
General Gates of the
regular officers were  was known to him: that he was in no battle
that at the end of his service he received a discharge but not in writing which is lost and left the service on in the month of December 1776, & that he has no documentary evidence of this service
ALSO: that he was in the United States service from the first day of January A. D. 1778, to the about the first day of March A. D. 1778 2 months as a private in the Massachusetts Militia : that he was residing at Medfield when he entered the service; that he was a volunteer and served for the period aforesaid under the command of officers all of  he has forgotten, except James Smith the of Wrentham one of the  Sergeants : that he marched from Medfield to Boston & was stationed in the White Stores so called near Fort Hill & the Guard house was on the Hill : that he served with other other Militia
of the regular troops; and
no
regular officers were known to him; that he was in no battle
that at the end of his service he received a discharge but not in writing and left the service on in the spring of 1778 & that he has no documentary evidence of this service & that there is no person living known to him by whom he can know it

He hereby relinquishes every claim whatever to a pension or annuity except the present, and declares that his name is not on the pension roll of the agency of any State.
Jeremiah Day
Sworn to and subscribed the day and year first aforesaid.
We Harvey Clapp Esquire residing in the said Walpole and Elijah Thompson residing in said Walpole hereby certify that we are well acquainted with Jeremiah Day who has subscribed and sworn to the above declaration; that we believe him to be seventy eight years of age; that he is reputed and believed in the neighborhood where he resides, to have been a Soldier of the revolution, and that we concur in that opinion.
Sworn and subscribed as aforesaid.
Harvey Clapp Elijah Thompson
And the said court do hereby declare their opinion after the investigation of the matter, and after putting the interrogatories prescribed by the War Department, that the abovenamed applicant was a revolutionary Soldier and served as he states. And the court further certify that it appears to them that Harvey Clapp Esquire who has signed the preceding certificate, is a resident in the said Walpole ; and that Elijah Thompson who has also signed the same is a resident in said Walpole and an credible person ; and that their statement is entitled to credit.
Sherman Eland Judge of Probate
I Samuel Hovey, Register of the Court of Probate of Walpole do hereby certify that the foregoing contains the original proceedings of the said court in the matter of the application of Jeremiah Day for a pension.
In testimony whereof I hereunto set my hand and seal of office on the day and year first aforesaid.
Samuel Hovey

Q 18372
INVALID.
am
File No. 18372
Jeremiah Day Rev Rev War
Act: June 7 th 32
Index:—Vol. 1 , Page 429
[Arrangement of 1870.]

12667
Seamah Day
Harvey Blake Esq. Mulhole Miss

General Day BRIEF objections to the admission of Pension Claims, of which those answered in the negative, in red ink, will apply to the claim of which require further proof or explanation.
I. Does the declaration show where the applicant resides? Yes II. Did the declarant make the declaration in the county where he resides? Yes III. If the applicant did not make the declaration in the county where he resides, is there any reason assigned for his not doing so? IV. Has the declarant mentioned the period or periods of the war when he served? Yes V. * Has he mentioned with precision the length of his service, and the different grades in which he served, in language so definite as to enable the department to determine to what amount of pension he is entitled? Yes VI. Has he given the names of the officers under whom he served, in conformity with the regulations? Yes VII. Has he made a relinquishment of every claim to any other pension than the one under the Act of June 7, 1832? Yes VIII. Has the Court given their opinion? Yes IX. Has the Clerk given his certificate? Yes X. Is the Clerk's seal affixed? And if so, has it a device or inscription by which it can be distinguished from any other seal? Yes

XI. Has the applicant obtained the evidence of a clergyman and another respectable citizen as to their belief respecting his age and the general belief in his neighborhood relative to his revolutionary service? No (reasons assigned by the judge)
XII. If the clergyman's affidavit has not been produced, is there any reason assigned for not obtaining it? No (yes)
XIII. If the applicant has no documentary evidence, and has not obtained the testimony of at least one living witness, has he stated in his declaration that such proof cannot be had? Yes
XIV. †If the applicant's name is not found on the rolls of military service, has he produced a witness or witnesses as to his service?
If he has produced direct proof as to service, has the magistrate who administered the oath, certified to the credibility of the witness or witnesses? No (yes)
Has the proper officer certified to the official character and signature of the magistrate as the regulations direct? No (yes)
XV. Does it appear from any of the papers that the witness was in such a situation, or of such an age, as to have a personal knowledge of the applicant's service? No
XVI. ‡Are the papers authenticated as the regulations direct? No
XVII. Are the seven interrogatories prescribed by the War Department answered satisfactorily? And, if not, which of them is not so answered? set of
EXPLANATORY NOTES.
* QUERE V. In a case where the applicant cannot, by reason of the loss of memory, state precisely how long he served, he should amend his declaration by making an affidavit in the following words:
"Personally appeared before me, the undersigned, a Justice of the Peace, &c. A. B. who, being duly sworn, deposeh and saith, that, by reason of old age, and the consequent loss of memory, he cannot swear positively as to the precise length of his service, but according to the best of his recollection he served not less than the periods mentioned below, and in the following grades; For _____ year _____ months, and _____ days, I served as a _____ For _____ months and _____ days, I served as a _____; and for such service I claim a pension."

It is important in all cases to determine with precision the period for which each applicant served, and the particular rank he held, as the law directs the pension to be paid according to the grade of the pensioner and the length of his service. The use of the phrase about three or four months is too indefinite, and all such qualifying expressions are objectionable. Some persons who apply for pensions merely state they served two years in the militia, &c. without specifying the tours; the names of the officers, and other particulars respecting their service. This form of a declaration is highly objectionable. It must in every case be clearly shewn under what officers the applicant served; the duration of each term of engagement; the particular place or places where the service was performed; that the applicant served with an embodied corps called into service by competent authority; that he was either in the field or in garrison; and for the time during which the service was performed, he was not employed in any civil pursuit.
† QUERE XIV. Proof of Service.
In a case where the name of the applicant is not found on the records of the Department, he must prove his service by two credible witnesses, who are required to set forth in their affidavits the time of the claimants entering the service, and the time and manner of his leaving the same, as well as the regiment, company, and line to which he belonged. The magistrate who may administer the oaths must certify to the credibility of the witnesses, and the official character and signature of the magistrate must be certified by the proper officer, under his seal of office.
‡ QUERE XVI. Mode of authenticating papers.
In every instance where the certificate of the certifying officer who authenticates the papers is not written on the same sheet of paper which contains the affidavit, or other paper authenticated, the certificate must be attached thereto by a piece of tape or narrow ribbon, the ends of which must pass under the seal of office of the certifying officer, so as to prevent any paper from being improperly attached to the certificate.
In every case where the clerk of the court, or other certifying officer, has no public seal of office, the certificate of a member of congress, proving the official character and signature of the certifying officer, should accompany the papers.
A clergyman could not, without moratorium be presumed S. Leland J. Peabody
Walpole June 1st 1833
I herewith return the application of Jeremiah Day for a Pension with such explanation & further evidence as I hope will be satisfactory
Hon. J. L. Edmand Com r of Pensions
Respectfully Yours &c Harvey Clapp