Revolutionary War Pension and Bounty Land Warrant Application File S. 5443, Waldo Hayward, Mass.

SERVICE
NUMBER
Mass.
Hayward, Waldo
S 5443
CONTENTS
Carded

15499. Massachusetts
Waldo Hayward
of Plymouth in the State of Mass who was a Private in the company commanded by Captain _____ of the Reg't commanded by Col Bailey in the Mass line for 14 Days
Inscribed on the Roll of Mass at the rate of 2/6 Dollars 66 Cents per annum, to commence on the 14th day of March, 1831.
Certificate of Pension issued the 19 th day of June 1833 and sent to Waldo Hayward Plymouth
Arrears to the 14th of Mar 1833 $ 93.32 Pensions, allowance ending 4 Sept 23.33 $116.65
{ Revolutionary Claim, } { Act June 2, 1832. }
Recorded by J H K Blair Clerk, Book No _____ Vol. 2, Page 33

Waldo Hayward
22/6/3
Waldo Hayward Bridgewater N.

Plymouth Co. Court of Probate at Middleborough in Open Court this eighth day of August A.D. 1832
Present Hon. Wolkes Wood Judge
It is made satisfactorily to appear to this Court that Waldo Hayward whose declaration made before the Circuit Court of Common Pleas for the Southern Circuit of Massachusetts on the twenty fifth day of April A.D. 1818 & which is hereto annexed is so feeble & infirm of health as to be unable to travel to a Court & she living at a considerable distance from the place of holding this Court, the said Court do certify that from the evidence submitted to them they believe that the statement contained in the annexed declaration is true & that the said Waldo Hayward was a Revolutionary Soldier & served as he has stated in said declaration.
By the Court Attest Jacob H Lord Register
I Jacob H Lord Register of Probate for the County of Plymouth do hereby certify that the above contain the original proceedings of the Court of Probate in the matter of Waldo Hayward application for a Pension. I further certify that Hon. Nalgeen Mitchell who has signed the annexed paper was a Justice of the Circuit Court of Common Pleas for the Southern Circuit of Massachusetts at the date of the certificate annexed.
In testimony whereof I have hereunto set my hand & the seal of said Court this eighteenth day of February A.D. 1833
Jacob H. Lord

Waldo Hayward of Bridgewater in the County of Plymouth Mass ts a resident citizen of the United States aged sixty years on oath set forth and declare that I was a soldier in the war of the revolution, and from my reduced circumstances need the assistance of my country for support, that I enlisted in May 1775 into Capt. Daniel Lathrop's Company and Col. Baileys Regiment in the Massachusetts line and continued to serve therein till at Roxbury on the last day of December of the same year - and then I enlisted into Col. Abraham Liver- born's Company and served two months at Rhode Island in 1776 - I then enlisted into Capt. Nathan Packard's Company and Col. Carpenter's Regiment in the Massachusetts line, and served six weeks at Sullivan's expedition so called - & then I also served in the same company three months at Rhode Is- land when the French squadron was there under Rocham- beau - I also served there two months more in Col. Joseph Keith's company and Col. Gittins' regiment. I served out each enlistment faithfully and was honorably discharged. I have no discharge in writing nor other evidence of my service in my power. —
Waldo Hayward
Plymouth ss. April 25. 1818. Personally appeared the above named Waldo Hayward & made the above declaration under oath and subscribed the same
Before me Nahum Mitchell justice of the Circuit court of Common Pleas for the Southern Circuit of Massachusetts. —
August 6 th 1832. I hereby certify that at the time the said W. Hayward made the above statement he was well and sound in body & mind, and a man of good character & credibility - He is now, I understand, very feeble & infirm.
Nahum Mitchell —

Waldo Howard:
Deposition to be read

I Elijah Hayward of West Bridgewater, in the county of Plymouth, & Commonwealth of Massachusetts, do testify & say, that Waldo Hayward of North Bridgewater, in said county of Plymouth, is my brother, & enlisted in the month of April or May, in the year 1775, for eight months, at Roxbury, in the Commonwealth of Massachusetts, & that I have no doubt that the said Waldo served out the time, under Capt. Daniel Lathrop, & Col. Bailey, & I do further say that the said Waldo is now very infirm, & has probably no recollection of the fact, at this time; & I do further know that the said Waldo did other service, but for what length of time I cannot say. Elijah Hayward
seventy Plymouth G. Court of Probate at Middleborough in & for said County on the eighth day of August A. D. 1832. —
Then the above named Elijah Hayward appeared in open Court & subscribed & made oath to the foregoing Deposition, it appearing to said Court that he is a credible person.
In testimony whereof I have hereunto set my hand & seal of Office, this first day of January A. D. 1833.
J. H. Lord

22763
Waldo Hayward Miss
Elvate H. North Doré
1176 1866
J. H. Lord Plymouth Miss

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 subjóined 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 Walter Hayward Glynnmouth Co. Mass
   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.     Enlist 1775 ~ 1 ~ priv. Capt Lathrop Col Badg. { Bosbury R.I. 70 Traditionary   " 1776 ~ 2 00 " Washburn Carpenter { Mass Maria 3 Swears   " " ~ 3 ~ ~ Parcard Gn Sullivan { Schuratt Witnesses   " " ~ 2 ~ ~ Smith Carpenter {   Cotton  
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 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 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 [i] 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.
[m] If a witness cannot be found, the declarant must state the fact.
[n] The answers to the interrogatories must all be written, and sent to the War Department, with the declaration.

Rev War
54443
INVALID.
File No. 54443
Waldo Kennebec
Rev War
Act: June 7 th 1832.
Index:—Vol. M , Page 158
[Arrangement of 1870.]

I Isaiah Hayward of Augusta, in the County of Kennebec & State of Maine, of seventy seven years upwards do testify that in April 1875. Waldo Hayward of Bridgewater, in the Commonwealth of Massachusetts, served as a private soldier in the Company commanded by Captain Daniel Lathrop in Col John Baileys Regt for the period of eight months and was verbally discharged at Roxbury the last of December 1875. I served in the same company & Regt. well knew of the service of said Waldo Hayward, who is my brother. I knew of the enlistment and service of my said brother Waldo, in Capt Abram Washburns Company, in what I supposed to be Col. Dicks Regt in the year 1876 and I have no doubt he was honorably discharged as he has stated before Judge Mitchell in 1818. I am now on the Pension Roll of Maine & my certificate is number 11.426. Isaiah Hayward.
State of Maine, Kennebec County ss. October 19. 1882 Then the above named Isaiah Hayward, a credible witness, and who sustains a good character for truth & honesty, made Oath to the above affidavit before me - Robert Charles Vose, Just. Peace & Quorum
State of Maine.
Kennebec County ss. J. A. Chandler Clerk of the Court of Kennebec County. Certify that Robert Charles Vose is a magistrate as above and that the foregoing signature purporting to be his is genuine.
In testimony whereof I have hereunto affixed my seal of office and subscribed my name this nineteenth day of October in the year 1882.
J. A. Chandler Clerk of the Court of Kennebec County

I Leavitt Thayer of West Bridgewater, in the county of Plymouth, & Commonwealth of Massachusetts, of seventy one years of age, do testify & say, that I am well acquainted with Waldo Thayer and of North Bridgewater, in the county aforesaid, & that he enlisted & served with me, for the term of three months, in the army of the revolution, in about the year 1778 or 1779, at Rhode Island. & I do further testify that it is generally reported, & that I have no doubt he served eight months, at Roxbury, in the state of Massachusetts, & I do further say, that in his service at Rhode Island, he was in the office of a Sergeant for the said term of three months, under Capt. Nathan Packard, & Gen. Thayer brigade, & I do further say that the said Waldo Thayer is now  is now  further  very infirm, both in body & mind,
Leavitt Thayer
Sworn to
Plymouth Y. Court of Probate at Middleborough. & for said County on the eighth day of August A.D. 1832.
Then the above named Leavitt Thayer appeared in open Court & subscribed & made oath to the foregoing deposition, it appearing to said Court that he is a credible person.
In testimony whereof I have hereunto set my hand & seal of Office this first day of January A.D. 1833.
Isaac H. Lord