Revolutionary War Pension and Bounty Land Warrant Application File S. 13,280, Elijah Hayes, Conn.

SERVICE
NUMBER
Conn
Hayes, Elijah
S. 13280
CONTENTS
Carded

14007 14007 794 New York
Elijah Hays Essex Co. in the State of New York he was a Private in the Company commanded Captain Hays of the Regiment commanded Col Pettibone in the Arty for 21 mo
WD Rep July 31 1857 P.E. Havens Mch 29/58
Inscribed on the Roll of New York at the rate of 70 Dollars 00 Cents per annum, to commence on the 4th day of March, 1831.
Certificate of Pension issued the 61 day of May 1833 and sent to Edward S. Ayler Esq
Arrears to 4th of March 1833 $140.00 Pension allowance ending 4 Sept. 35.00 $175.00
{ Revolutionary Claim, Act June 7, 1832. }
Recorded by W. L. Williams Clerk, Book E Vol. 4 Page 59
Died Aug. 1, 1833. Rec. 9.13

Elijah Hays Application for Pension
13.794
✓

State of New York County of Essex
On this twenty-fifth day of September in the year of our Lord 1832 personally appeared before Hon. Thomas Stowe a Judge of the Court of Common Pleas of the County of Essex at the Dwelling House of Elyah Hays in the Town of Willborough in said County Elyah Hays a Resident of the Town of Willborough in the County of Essex and State of New York aged Eighty Years who being first duly sworn by the said Judge according to Law took on his oath make the following Declaration in order to obtain the benefit of the Act of Congress passed Jan y 7 th 1832 That he entered the Service of the United States under the following named officers and served as hereinafter stated
1 st That he volunteered in a Company of Connecticut Militia under Capt Samuel Hays, Lieutenant Timothy Cossit and Ensign John Rice & served in Col. Orieas Pettibone's Regiment Lieutenant Colonel Hampshire Major Smith & Adj t Diley. He entered the Service a Grauy which was then called Hampshire in Hartford County Connecticut for two months to March. to New York. He joined the Company at Grauy some time the latter part of July or first part of August in the year 1776. Marched down to the City of New Haven in Connecticut then joined the Reg t & embarked on board a Schooner & sailed to a Place called Harlem about ten or fifteen Miles from New York where they landed and marched by Land to New York and were stationed there until driven out by the British under Gen l Clinton in the month of Sept r 1776 when they were forced to retreat to Harlem. He recollects that Gen l Patnam gave the order to retreat from a small Battery which they were stationed & took command of his reg t on the retreat that after the retreat they were stationed near Harlem for a considerable time and he being rather unwell he was Discharged by Col. Pettibone having served a little more than three months in all during the time going home

2 nd Early in the Spring of the year 1777. he again Volunteered in a Company of Militia under Captain Tinker Lieutenant Phelps & Ensign Chick of Granby for three months & served in Col. Wolcotts Regiment of Connecticut Militia. Does not recollect the Lt Col. or Major's name. He joined the Company & Regiment at Granby & marched to New Britain in Conn. and passed through Farmington & Farmfield was stationed at New Britain a short time and marched to Danford and remained stationed at Danford keeping Guard during the rest of his term. At the end of which he was discharged and returned home having served three months.
3 rd That Immediately on his return home, being in the summer of the year 1777. he again Volunteered in a Company of Connecticut Militia under Captain Barr, Lieutenant Chick & Ensign Peter Rice of Granby, for three months & served in Colonel Rootes Regiment. He joined his Company & Regiment at Granby Conn. and marched by Land through Farmington Canton & Sharon Direct to Harlem and were there once near New York while the British army of the North were to Ben Edgemoor - The Regiment was ordered to New Rochelle & did march up the North River and were on the opposite side of the River & Ben Edgemoor as far as for want of Boats were unable to cross and they remained there until the British had embarked and sailed down the River They then marched up he thinks to a place called Haverbrook where they received the sorrowful intelligence of the Capture of & Burgoyne's Army, they then returned down to White Plains where he remained until his time was out when he was discharged & returned home having served this time for three months.
4 th In the Spring he thinks April or for part of May 1778 he again Volunteered in a Company of Militia under Captain Tinker & Lieutenant Phelps and marched again to Harlem. He entered the service for three months & was stationed at Harlem, Kings Ferry & in some other places near New York during the whole three months. He was discharged at Kings Ferry & returned home. He does not recollect the Colonel's name nor Connecticut Militia & thinks the Lieutenant Col. who had the Command of the Regt. Most of the time was Lt. Hutchins He cannot recollect any other Field Officer. He did not receive a written discharge then nor other Regiment or Continental Troops. with & near there but he cannot tell what Regiment
5 th That the very next day after his return home about first of August 1778 he again Volunteered in a Company under Capt. Bates & Lieutenant Ephraim Bates & served in Col. Jon. Pitkin's Regiment Connecticut Militia. Joined his Company and Regiment in Granby and marched direct to White Plains in the State of

New York and was Stationed there for a short time and Marched to Pitskill and was Stationed at Pitskill and Housatonic & in other places on the river Hudson during the whole time being three Months and was dismissed at Pitskill and returned home. He was in no Battle during this Period of Service, & did not receive a written discharge.
6th In the year 1779. He again Volunteered under Captain Barn. Lieutenant Chuck & Served in a Regiment of Connecticut Militia he cannot recollect the Regt. Officers Names he joined the Company & Regiment at Granby Marched to New York & was Stationed about there for some time. Scouting through the Country and finally Marched to Danford where they were Stationed during the remainder of the time. While they lay at Danford a British Arm'd Vessel came up the river and fired on them they having mounted down the river to prevent them from landing. They did not effect a Landing & after some considerable firing they retired down the river. He remained at Danford until his three Months was out where he was discharged and returned home. was not in any other Battle during this term of Service and did not receive a written discharge.
7th In the Summer of the year 1780. He again Volunteered for three Months. Under Captain John Thrall and Lieut. Ezra Root Thrall. And again with the Company Marched to Danford. And served there for the three Months keeping Guard & occasionally scouting to prevent invasions from being committed by the Tories who were very troublesome. Does not recollect the Names of any of the Field Officers. He was discharged at Danford by Captain Thrall at the end of his Service & returned home. The reasons for his Volun- teering in the Service each year was on account of his father & older Brother being liable & were called on & he chose to serve in the army and let them remain at home, for a few years ago he could have given a correct History

of all his Service the names of all his Officers and all the places through which he marched and where he was stationed that Owing to a severe fit of sickness & several Fights he has lost a great deal of his recollection of Past events - he now received a written Discharge from the Army he was born in the Town of Granby (which then was called Simsbury) in the County of Hartford Connecticut the 22 nd March in the year 1752 has no record of his age. it is recorded in the Clerks Office in Granby. he resided at Granby when he entered the Service and during and after the war until the year 1809. when he removed to Millsborough Essex County New York where he has resided since - at present - he always entered the Service as a Volunteer, he has no documentary evidence of his Service and knows of no person whose testimony he can prove who can testify to his Service Except the Affidavits of those he with him. he hereby Averres that every Claim whatever to a Pension or Advocacy except the Present and declares that his name is not on the Pension Roll of the Agency of any State.
Sworn to & subscribed the 3 rd day of May 1812 Aforenoon before me at Millsborough
His Elijah Hays mark
No. 1. Stoner Judge And I the said Thomas Stoner a Judge of the Court of Common Pleas of the County of Essex after the investigation of the matter and after putting the Interrogatories presented by the War Department: do hereby declare my Opinion that the Above named Applicant Elijah Hays was a Revolutionary Soldier and served as he states, and further certify & declare my Opinion, that from two or three years subsequent to his discharge the above Applicant is totally unable from his bodily infirmity to appear in the Court which is held at the Court House. Eleven miles distant from his residence - In testimony whereof I have hereunto set my hand. the day & year aforesaid at Millsborough Aforesaid
No. 1. Stoner Judge

State of New York
Essex County ss.
On this Twenty Sixth day of September in the year of our Lord 1832 personally appeared before the Judges of the Court of Common Pleas of the County of Essex in Open Court Daniel Johnson a Resident of the Town of Davis in the County aforesaid aged Seventy Nine years who being first duly sworn deposes to Law Saith that he was a Soldier in Colonel Samuel Wells Regiment of the Connecticut Line & was at the Battle at the time the British Troops drove the American Army from the City of New York in the Month of September 1777. That he is well acquainted with Elijah Hays who has Submitted & sworn to the foregoing Declaration That he saw the said Elijah Hays in the Militia Service at the said Battle of New York as a Soldier - does not know how long he served - Defendant was taken prisoner then by the British - and did not see the said Hays in the Service after that time Sworn to & Subscribed the 25 th day of Septm r 1832
in open court before me
Samuel Root clerk of Essex Co. Pleas
Daniel Johnson

State of New York Essex County ss
On this 26 th day of September in the year 1832 Personally appeared in open court before the judges of the Court of Common Pleas of the County of Essex now sitting Abner Holcomb a resident of the town of Westport in the County of Essex and State aforesaid aged eighty years Who being duly sworn says that he was a soldier in Colonel Pettibone's Regiment of which Regiment one Barnshury was Lieutenant Colonel & one Smith the Major Augustus Staten Dilyon the Second in Captain Pettibone's & Lieutenant Hayes who was out in the service in the Battle at New York in September in the year 1776. That he was once acquainted with Elijah Hayes of Mansbury now called Granby in Connecticut & who he well recollects was out in the United States Army & in the said Battle at New York as a soldier in Captain Staten's Company & that Lieutenant Correll was Lieutenant & John Rice the ensign of said Company. that the said Company belonged to the said Regiment that his own died and that the said Elijah Hayes (who is the identical person who subscribed & swore to the above Declaration) was in the said Battle at New York and he saw him after the Battle doing his duty as a soldier & he hereby believes that the said Elijah Hayes died soon after turn out in his said Company for the campaign for which he was called into the service - that he saw said Hayes at said Mansbury now Granby before the commencement of the Revolutionary war & further does he not
Sworn to & subscribed this day & year aforesaid in open court before me
Second Vice Clerk of said Court
AB. HOLCOMB

We, Elijah Benedict a Collygman Resident in the Town of Essex and Edward S. Cuyler residing in the Town of Essex do hereby certify that we are well acquainted with Elijah Hays who has subscribed & sworn to the above Declaration, that we believe him to be eighty years of age and that he is respected and beloved in the neighborhood where he resides & have been a soldier of the Revolution. And that we concur in that Opinion
Sworn & Subscribed in open Court before the Judges of the Court of Common Pleas of the County of Essex this 28th day of September 1832 before me I. D. D. Clerk of Court
E. Benedict Edward S. Cuyler
Essex County ss.
I, Edward S. Cuyler Residing in the Town of Essex in the County of Essex and State of New York do certify that I am well acquainted with Elijah Hays of Millsborough in said County who has subscribed & sworn to the foregoing Declaration. And that I have been acquainted with the said Elijah Hays for about forty years. And that I have frequently during the said time heard him converse about his service as a soldier in the Army of the Revolution. That about six years since he related the whole of his service & the general circumstances of the same to me. And that the History which he then gave was much more clear & his recollection of the names of his field & Company Officers & the Continental Regiments & Officers that he lived with & near them now given in his said Declaration & that since the above time he has been afflicted with some sickness has been & is subject to fits - has had a tumor grow & burst by reason of which one of his eyes was lost & that his intellectual faculties are materially impaired as they generally decline
Sworn to & Subscribed the day & year aforesaid in open Court I. D. D. Clerk of Court
Edward S. Cuyler
Elijah Hays Affidavit for a Pension

And the said Court do hereby declare their Opinion after the Investigation of the matter by the Examination of the persons appearing as witnesses & Certifying as aforesaid. & after Examining the proceedings had before Hon Thomas Stowe. Also a Judge of said Court that the above Applicant was a revolutionary soldier & served as he states & further that Daniel Johnson Esq who has subscribed & sworn to the foregoing Affidavit is a resident in the town of Lewis, and that Elizabeth President who has signed the foregoing Certificate is a Clergyman residing in the town of Essex and that Revd. Coyle Esq. who has also signed the same & has subscribed & sworn to our other Certificate or Affidavit. Are all of them credible persons and that their Statements are entitled to credit.
Signed 13 th Oct r 1832
Leonard Wood clerk I Leonard Wood Clerk of the Court of Common Pleas of the County of Essex do hereby Certify That Thomas Stowe whose name appears to the final & Certificate of the foregoing Declaration of Eliz th Hays for the purpose of making Application for a Pension was at the time when the same purports to have been taken a Judge of the Court of Common Pleas of Essex County duly sworn & authorized to take the same and that I am well acquainted with the handwriting of the said Judge & Verily believe his name subscribed to the said final & certificate to be his genuine Signature And I further Certify that the foregoing contains the Original proceedings of the Court in the matter of the Application of Eliz th Hays for a Pension In testimony whereof I have hereunto set my hand and Seal of Office this 26 th day of September 1832
Leonard Wood Clerk of Essex Com Pleas

13,794. Elyah Hayes Essex County New York.
admitted 28 mo. Private
E.?
H. Robinson
Edward S. Cuyler Essex, Essex county N.Y.

WAR DEPARTMENT,
Pension Office,
183
Sir:
The evidence in support of your claim, under the act of June 7, 1832, has been examined, and the papers are herewith returned. The following is a statement of your case in a tabular form. On comparing these papers with the following rules, and the subjined notes, you will readily perceive that objections exist, which must be removed, before a pension can be allowed. The notes and the regulations will shew what is necessary to be done. Those points to which your attention is more particularly directed, you will find marked in the margin with a brace, (thus: { ). You will, when you return your papers to this Department, send this printed letter with them; and you will, by complying with this request, greatly facilitate the investigation of your claim.
A Statement, shewing the Service of Elijah Hayes
   Period when the service was rendered. Duration of the claimant's service. Rank of the claimant. Names and Rank of the Company officers under whom he served. Names and Rank of the General and Field officers. Battles in which the applicant was engaged. Country through which he marched. Place of abode when he entered the service, and age at the present period. Evidence by which the declaration is supported.   Years. Months. Days.     Volunt ry 1776. 3. Private Capt Hayes Lt. Crossit. Ensign Rice Col Pettibone Lt. Genl. Thompson Major Smith. none From Connecticut to New York aged 80 yrs Living & Traditionary.   Vol ry 1777. 3. P a Capt Fuller Lt. Phelps Ens g Clark. Col Westcott none Newark Fairfield Granby. Connecticut Traditionary.   Vol ry 1777. 3. P a Capt Burr Lt. Church Col Hookers none Harrington New York & Rondout   Vol ry 1778. 3. P a Capt Fuller Lt. Phelps Lt. Col. Hutchinson none New York   Vol ry 1778. 3. P a Capt Bates Lt. Bates Col Pettibone none From White Plains to Peekskill & Haverneek   Vol ry 1779. 3. P a Capt Burr. not recollected Fairfield From Granby to New York   Vol ry 1780. 3. P a Capt Thrall Lt. Thrall not recollected none Fairfield  
I am, respectfully,
Your obedient servant,
J. L. EDWARDS,
Commissioner of Pensions.

REGULATIONS UNDER THE ACT OF JUNE 7, 1832.
The following regulations have been adopted:
This law has been construed to extend, as well to the line, as to every branch of the Staff of the Army, and to include under the terms "Continental Line," "State troops," "militia," and "volunteers," all persons enlisted, drafted, or who volunteered and who were bound to military service, but not those who were occasionally employed with the army upon civil contracts, such as Clerks to Commissaries and to Store Keepers, &c. Teamsters, Boatmen, &c. Persons who served on board of Private Armed Vessels are also excluded from the benefits of the law, as well as persons who turned out as patrols, or were engaged in guarding particular places at night, and were not recognized as being in actual military service.
Four general classes of cases are embraced in this law:
 1. The Regular Troops.  2. The State Troops, Militia, and Volunteers.  3. Persons employed in the Naval service.  4. Indian Spies. 
As rolls of the regular troops in the Revolutionary War exist in this Department, all persons, claiming the benefit of this law as officers, non-commissioned officers, musicians or privates, will in the first instance, make application by transmitting the following declaration, which will be made before a Court of Record of the County where such applicant resides. And every Court having by law a seal and Clerk is considered a Court of Record.
DECLARATION,
In order to obtain the benefit of the Act of Congress of the 7th of June, 1832.
State, Territory, or District of } ss. County of }
On this day of personally appeared (a) before A. B. a resident (b) of in the county of and State, Territory or District of aged (c) 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 provision made by the act of Congress, passed June 7th, 1832. That he enlisted in the Army of the United States in the year (d) , with and served in the (e) regiment of the line, under the following named officers:
[Here set forth the names and rank of the Field and Company Officers; the time he left the service; (and if he served under more than one term of enlistment, he must specify the particular period, and rank and names of his officers;) the town or county and State in which he resided when he entered the service; the battles, if any, in which he was engaged, and the country through which he marched. This form is to be varied so as to apply to the cases of officers and persons who belonged to the militia, volunteers, navy, &c.]
He hereby relinquishes every claim (f) whatever to a pension or an annuity, except the present, and he declares that his name is not on the Pension Roll of any Agency in any State, or (if any) only on that of the Agency in the State of
Sworn to and subscribed the day and year aforesaid.
A. B.
[And then will follow the certificate of the Court.]
And the said Court do hereby declare their opinion (g) that the above named applicant was a revolutionary soldier, and served as he states.
I of the Court of do hereby certify (h) that the foregoing contains the original proceedings of the said Court in the matter of the application of for a pension.
In testimony whereof I have hereunto set my hand and seal of office (i) this day of &c.
If, on examination of the proper record the names of applicants, making such declaration, cannot be found, they will produce such proof as the rule given in note (j) points out.
Every applicant who claims a pension by virtue of service in the State Troops, Volunteers or Militia, except those who belonged to the New Hampshire Militia and State Troops of Virginia, will make and subscribe a declaration similar to the foregoing, with the following additions, viz:
(k) We, A. B., a Clergyman, residing in the and C. D. residing in (the same) hereby certify, that we are well acquainted with , who has subscribed and sworn to the above declaration; that we believe him to be 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 the day and year aforesaid.
[And then will follow the certificate of the Court.]
And the said Court do hereby declare their opinion, after the investigation of the matter, and after putting the interrogatories prescribed by the War Department, that the above named applicant was a Revolutionary Soldier, and served as he states. And the Court further certifies, that it appears to them that A. B.
who has signed the preceding certificate is a clergyman, resident in the and that C. D., who has also signed the same is a resident in the and is a credible person, and that their statement is entitled to credit.
I, Clerk of the Court of do hereby certify that the foregoing contains the original proceedings of the said Court, in the matter of the application of for a pension.
In testimony whereof, I have hereunto set my hand and seal of office, this day of &c.
Every applicant will produce the best proof in his power. This is the original discharge or commission; but if neither of these can be obtained, the party will so state under oath, and will then procure, if possible, the testimony of at least one credible witness, stating in detail his personal knowledge of the services of the applicant, and such circumstances connected therewith, as may have a tendency to throw light upon the transaction.
If such surviving witness cannot be found, the applicant will so state in his declaration (l) and he will also, whether he produce such evidence or not, proceed to relate all the material facts, which can be useful in the investigation of his claim, and in the comparison of his narrative with the events of the period of his alleged service, as they are known at the Department. A very full account of the services of each person

will be indispensable to a favorable action upon his case. The facts stated will afford one of the principal means of corroborating the declaration of the applicant, if true, or of detecting the imposition, if one be attempted; and unless, therefore, these are amply and clearly set forth, no favorable decision can be expected. All applicants will appear before some Court of Record in the County, in which they reside, and there subscribe and be sworn to, one of the declarations above provided, according to the nature of his case.
The Court will propound the following ( m ) interrogatories to all applicants for a pension, on account of service in the Militia, State troops, or Volunteers, except the Militia of New Hampshire and the State troops of Virginia.
 1. Where and in what year were you born?  2. Have you any record of your age, and if so, where is it?  3. Where were you living when called into service; where have you lived since the Revolutionary war, and where do you now live?  4. How were you called into service; were you drafted, did you volunteer, or were you a substitute? And if a substitute, for whom?  5. State the names of some of the Regular Officers, who were with the troops, where you served; such Continental and Militia Regiments as you can recollect, and the general circumstances of your services. 
 6. { To a Soldier. } Did you ever receive a discharge from the service, and if so, by whom was it given and what has become of it?  { To an Officer. } Did you ever receive a commission, and if so, by whom was it signed, and what has become of it? 
 7. State the names of persons to whom you are known in your present neighborhood, and who can testify as to your character for veracity, and their belief of your services as a soldier of the Revolution. 
The Court will see that he answers to these questions are embodied in the declaration, and they are requested to annex their opinions of the truth of the statement of the applicant.
The applicant will further produce in Court, if the same can be done, in the opinion of the Court, without too much expense and inconvenience to him, two respectable persons -one of whom should be the nearest clergyman, if one lives in the immediate vicinity of such applicant, who can testify, from their acquaintance with him, that they believe he is of the age he represents, and that he is reputed and believed in the neighborhood to have been a Revolutionary soldier, and that they concur in that opinion. If one of these persons is a Clergyman, the Court will so certify, and they will also certify, to the character and standing of other persons, giving such certificates.
The traditional evidence of service is deemed very important, in the absence of any direct proof, except the declaration of the party. And the Courts are requested to be very particular in the enquiry whether the belief is general, and whether any doubts have ever existed upon the subject.
Applicants unable to appear in Court by reason of bodily infirmity, may make the declaration before required, and submit to the examination, before a Judge or Justice of a Court of Record of the proper county, and the Judge or Justice will execute the duties, which the Court is herein requested to perform, and will also certify that the applicant cannot, from bodily infirmity, attend the Court.
Whenever any official act is required to be done by a Judge or Justice of a Court of Record, or by a Justice of the peace, the certificate of the Secretary of State or Territory, or of the proper Clerk of the Court or County, under his seal of office, will be annexed, stating that such person is a Judge or Justice of a Court of Record, or a Justice of the Peace, and that the signature annexed is his genuine signature.
No payments can be made on account of the services of any person, who may have died before the taking effect of the act of June 7, 1832; and in case of death subsequent thereto, and before the declaration herein required is made, the parties interested will transmit such evidence as they can procure, taken and authenticated before a Court of Record, showing the services of the deceased, the period of his death, the opinion of the neighborhood respecting such services, the title of the claimant, and the opinion of the Court upon the whole matter.
[a] The declarant must appear in open Court, unless prevented from doing so by reason of bodily infirmity; in which case the declarant will follow the rule laid down for his guidance.
[b] The declarant must make his declaration in the county where he resides. If he should fail to do so, he must assign a sufficient reason for not conforming to the rule.
[c] The age of the claimant must invariably be mentioned.
[d] The declarant must mention the period or periods of the war when he served.
[e] Every continental officer or soldier must give the name of the Colonel under whom he served; otherwise a satisfactory examination of the claim cannot be had. Every claimant must state, 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. In a case where the applicant cannot, by reason of the loss of memory, state precisely how long he served, he should amend his declaration by making an affidavit in the following words:
"Personally appeared before me, the undersigned, a Justice of the Peace, &c. A. B. who, being duly sworn, deposeth and saith, that, by reason of old age, and the consequent loss of memory, he cannot swear positively as to the precise length of his service; but, according to the best of his recollection, he served not less than the periods mentioned below, and in the following grades:—For _____ year _____ months, and _____ days, I served as a _____. For _____ months and _____ days, I served as a _____; and for such service I claim a pension."
It is important, in all cases, to determine with precision the period for which 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 that they served two years in the militia, &c without specifying the terms, 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 shown 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.
[f] The law makes the relinquishment indispensable.
[g] The opinion of the Court is always required.
[h] The Clerk must give his certificate in every case.
[i] The Clerk must affix his seal, and if it has no device or inscription by which it can be distinguished from any other seal, or if he 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.
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 papers 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.
Proof of Service.
[j] 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 claimant's 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.
[k] The notes from [a] to [j] are all equally applicable to the cases of Militia men, Volunteers and State Troops. The proof required by rule in note [j] applies to continental troops only.
[l] This traditional evidence is indispensable in militia cases.
[l] If a witness cannot be found, the declarant must state the fact.
[m] The answers to the interrogatories must all be written, and sent to the War Department, with the declaration.

13.794.
Elijah Hayes
Essex County New York.
admitted
21 mo. Private
Ex d
H. Robinson
Edward S. Cuyler Essex, Essex county N.Y.

Revised
✓ 13.280 INVALID.
File No. 13. 280
Elijah Hayes Brn. Rev. War.
Act: June 7 th 1832
Index:—Vol. 1 , Page 434
[Arrangement of 1870.]

P. E. HAVENS, ATTORNEY AND Counselor at Law, ESSEX, N. Y.
Offered You
Hon Geo C Whitney John Pennington Washington D.C.

Elijah Hays N 4 W 32 Judge Anderson
and minister of the Gospel
Washington Pa
FREE

Essex N.Y. March 16/84 Hon. Geo. Whitney Dear Sir
Elijah Hovey (now deceased) residing in his life time in New Haven was a pensioner on the U.S. His widow Lucy Hovey survived him a few years was entitled to his pension, but died without applying for it - Mrs Henry A. Hovey in behalf of himself & other heirs of said Lucy made application as Administrators of said Lucy to the Pension department for the pension money due according to said Lucy in her lifetime - Mr Hovey gave a power of Attorney to one William D. Hovey to procure said money from the department & report was made through said Hovey several years ago - Mr Hovey says he

has occurred to think since Ross, has procured said money & appropriated the same. Who can sure & desirous not to write you for information upon the subject. Ross turns out to be a great scoundrel there may have been foul play & I am sure you will have the kindness to give such information as will relieve the minds of a respectable circle of your friends Respectfully yours
J. E. Harens

De Session Office, March 25, 1858.
Sir,

3 rd Auditor's Office March 27 1838
Sir Elijah Hays. N. Y. Act 1832, died 1 st of August 1833. & his pension has been paid in full to that date to Lucy Hays his widow.
Very Resp y
W. Johnson
Auditor
Geo: C. Whiting Esq. } Comm te of Pensions }

Pensions Office, March 26. 1858
Third auditor will please certify the date for which within named pensioner was paid, and name of party who drew the arrear, if they were paid to his death.
Very Resp.
J. Cale Chief Clk.
Edw.

Essex July 21 st 1834
Sir
Enclosed please find Affidavit of Phineas Knapp x in support of the Application of Jesse Bryngdal for Bounty Land the Application of Mr Bryngdal & an Affidavit in support of the same made by me Chase of Hillsborough Essex Co R.I. I was long since forwarded to you & I was then informed by you that another Affidavit was necessary in conformity with which I obtained this which by my negligence has laid in my Office until now. Also please find Applications of Bridget Lee x & Irena I. Bryngdal x for Bounty Land. Also the Application of the Children of Elijah Knapp for arrears of Pension believed to be their due. May I request as early an attention to these matters as the duties of your Office will Permit
Respectfully Yours M. D. Niles Essex. Tenn. Co. R.I.
x Taken out

State of New York County of Essex } ss
On this 22 nd Day of May A D One Thousand Eight Hundred and Fifty Four personally appeared before me Lyman Chamberlain a Justice of the Peace within and for the County and State aforesaid Benjamin  xxxxx Aged 70 years a President of Willsborough the County and State aforesaid, who being duly sworn according to Law deponeth and saith that he was well acquainted with Elijah Wages and Lucy Wages in their lifetime and lived a near Neighbor to them that the said Elijah Wages & Lucy Wages lived together during the lifetime of the said Elijah Wages once up to the time of his Death as Husband and Wife and were so reputed to be. That the said Elijah Wages was a Revolutionary Pensioner of the United States at the time of his Death and died in the Town of Willsborough in the County and State aforesaid in the Year One Thousand Eight Hundred & Thirty Three That his said Wife Lucy Wages died in the said Town of Willsborough in the Year One Thousand Eight Hundred and Thirty Seven That she never married again after the Death of the said Elijah Wages but was at the time of her Death still a Widow That the said Elijah and Lucy Wages left them surviving Children to the number of three who are now living and whose names are Elijah Wages now a President of the Town of Essex in the County & State aforesaid xxxxx Small Widow of Roderick Small deceased who now resides in the Town of Willsborough aforesaid & Cynthia

Wages who also resides in the said Town of Willsborough And Depment further says that these are all the Children of the said Elijah and Lucy Wages now living. And Depment further says that he has no interest whatever in the application of the Children of Elijah & Lucy Wages before named for arrears of Pension that they believe to be their due as heirs of the said Elijah and Lucy Wages. And further Depment says not
Sworn & Subscribed Before me { James Hargrave The Day & Year above written } Symon Chamberlin Justice Peace

State of New York County of Ulster
On this 22 nd Day of May A D One Thousand Eight Hundred and Fifty Four personally appeared before me Lyman Champlaine a Justice of the Peace within and for the County and State aforesaid John H. Woodhull Aged 69 Years a Resident of Millsborough the County and State aforesaid who being duly sworn according to Law deponeth and saith that he was well acquainted with Elijah Waages and Lucy Waages in their lifetime and lived a near neighbor to them that the said Elijah Waages and Lucy Waages lived together during the lifetime of the said Elijah Waages and up to the time of his Death as Husband and Wife and were so reputed to be. That the said Elijah Waages was a Revolutionary Pensioner of the United States at the time of his Death and Died in the Town of Millsborough in the County and State aforesaid in the Year One Thousand Eight Hundred and Thirty Three That his said Wife Lucy Waages died in the said Town of Millsborough in the Year One Thousand Eight Hundred and Thirty Seven That she never married again after the Death of the said Elijah Waages but was at the time of her Death still a Widow. That the said Elijah and Lucy Waages left them surviving children to the number of three who are now living and whose names are. Elijah Waages now a Resident of the Town of Esopus in the County & State aforesaid Lucy  Lucy Small Widow of Rodrick Small deceased who now in the Town of Millsborough aforesaid and Cynthia Waages who also resides in the said Town of Millsborough And

Deponent further say that these are all the Children of the said Elijah and Lucy Wayns now living. And Deponent further says that he has no interest whatever in the application of the Children of Elijah & Lucy Wayns before named for an eas of Pension that they believe to be their due as heirs of the said Elijah and Lucy Wayns. And further Deponent says not
Sworn & Subscribed Before me { John W. Moxhous the Day & Year above written Lyman Chamberlin Justice Peace

State of New York County of Ulster
On this 22 nd Day of May one Thousand Eight Hundred and Fifty Four personally appeared Before me Lyman Chamberlain a Justice of the Peace within and for the County and State aforesaid Elizabeth Louisa Thrall Wife of Rodwick Thrall now deceased Aged 72 Years a President of Hillsborough in the County and State aforesaid who being duly sworn according to Law deposes and saith that she is the Daughter of Elijah Hays who was a Revolutionary Pensioner of the United States in his lifetime That the said Elijah Hays died at the Town of Hillsborough aforesaid where he then resided in the Month of August A D 1833. leaving him surviving a Widow whose surname was Lucy and Children whose names are Elijah Hays now a President of the Town of Ulster in the County and State aforesaid & Cynthia Hays now a President of Hillsborough aforesaid And this Deponent all of whom are now living and have arrived at the age of Majority. And Deponent further says that Lucy Hays the Widow of the said Elijah Hays died in the Town of Hillsbor- ough aforesaid in the Month of August A D 1835 And that the Children above named are the only Heirs and Children of the said Elijah Hays and Lucy Hays now surviving And that they now live at the places of abode above mentioned And Deponent further says that her said Mother Lucy Hays never received any Pension as Widow of the said Elijah Hays And that she never was married again after the Death of the said

Elisah Hoages her Husband But was at the time of her Death his Widow. And Deponent further say that she has no knowledge of what Regiment & Company the said Elisah Hoages served in during the Revolutionary War but for proof of such facts she would refer to the proof on file in the Pension Office at Washington upon which he was allowed a Pension And Deponent further says that she makes this declaration for the purpose of obtaining for herself and the other children of the said Elisah and Lucy Hoages the means of Pension believed to be due them as Wives of the said Elisah & Lucy Hoages deceased And further Deponent says not
Seenn & subscribed before me { Levicia Thrall The Day & Year above written } Lyman Chamberlin Justice Peace

STATE OF NEW YORK, ESSEX COUNTY, SS.
I, E. A. ADAMS, Clerk of said County. Do Certify that _____ Symon Chamberlin Esquire, whose name is
subscribed to the Certificate of proof or acknowledgment of the annexed _____ was, on the day of the date of the said certificate, of proof or acknowledgment, a Justice of the Peace in and for said County, dwelling therein, duly qualified and authorized by law to take the Proof and Acknowledgment of Deeds, &c., and that I am well acquainted with the hand writing of the said _____
and verily believe the signature to said Certificate of proof or acknowledgment to be genuine, and that the said instrument is executed and acknowledged according to the Laws of the State of New York.
IN TESTIMONY WHEREOF, I have subscribed my name and affixed the seal of said County, this _____ day of May in the year of our Lord one thousand eight hundred and fifty four
E. A. Adams Clerk.