Revolutionary War Pension and Bounty Land Warrant Application File S. 13327, Joseph Hayes, Conn. Continental Privateer

SERVICE
NUMBER
Conn. Continental Privateer
Hayes, Joseph
S 13327
carded
CONTENTS

Connecticut 5309.
Joseph Hayes
of Fairfield in the State of Conn t who was a private in the Company commanded by Captain Dison of the Reg t commanded by Col l Mead in the * state troops time for
2 years
Continental, Conn t  * and Privateer, Records corrected April 10 th 1832.
Inscribed on the Roll of Connecticut at the rate of $ 10 . Dollars — Cents per annum to commence on the 4 th day of March, 1831.
Certificate of Pension issued the 7 th day of Feb y 1833 and sent to Hon. G. Tomlinson. Senate
Arrears to 4 th of Sept r 1832 — $ 120. 00 Semi-ant. allowance ending 4 th Mar ch 33 — $ 40. 00
$ 160. 00
{ Revolutionary Claim, Act June 7, 1832. }
Recorded by Francis J. Francini Clerk Book P. Vol. 3 d Page 47.

State of Connecticut. District of Fairfield, ss - On this 25 th day of July 1832 personally appeared in Open Court before Daniel Hill Judge of the Court of Probate for the District aforesaid Joseph Hoaggs a resident of the Town of Fairfield in the County of Fairfield and State of Connecticut aged Seventy Six 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 7 th 1832. I was born in Fairfield in the County of Fairfield and State of Connecticut. the 29 th day of June in the year 1756 - I have no written record of my age. and Fairfield has ever been the place of my settlement or residence - At Fairfield aforesaid in April 1775 I enlisted in the State Troops under Capt Daniel Dimes of Fairfield. to go to Boston, but after having commenced our march for Boston, we were ordered to New York. where we went and where I served about Three Weeks and was then discharged. Peter Hinckley of Fairfield was our first Lieut. and Wakeman Dyer of Fairfield our 2 d Lieut. - Two while at New York in 1775 immediately after my discharge. I enlisted again under the before mentioned Officers. Dimes. Hinckley, and Dyer. according to the best of my recollection for seven months the Company to which I belonged encamped at Housatonic in Connecticut where I joined them - and marched from thence to Housatonic, and from thence to New York. and from New York to Harlem Plains. and from Harlem Plains to Albany up the River - and from Albany to Half Moon. and from Half Moon to Pienenderoga - and from Pienenderoga to St Johns David Waterbury of Housatonic in Connecticut was the Col of the Regiment to which we belonged. We staid at St Johns forty or fifty days. under the command of General Mentgenny. as an General, and besieged the Fort. until we finally took it. and had in the interim several severe skirmishes or a good deal of hard fighting fighting. almost daily with the Enemy - We also took a small fort lying a little north of St Johns. Previous to taking St Johns the same expedition two after the capture of St Johns. I marched with the Company to which I belonged & the Regiment. with other forces under the Command of General Mentgenny to Montreal. and from Montreal our Company with their Officers returned home. then

term of service having expired. I think we set out for home the last November 1775 - In December 1775 immediately after my return home from my northern tour I enlisted again under Elijah Abel of Fairfield as Capt. Stephen Wakeman of Fairfield was Lieut. and George Burn of Fairfield was ensign and I went to New York where I served I served according to the best of my recollection three four months. and was then discharged Col. David Waterbury of Haverford commanded the Regiment to which I belonged. and General Lee. was the General - there were State Troops - In April 1776 after my return from New York I enlisted under the Capt. Eliphalet Sherp of Fairfield. and served three four months. and were stationed at a place in Fairfield called Kinsey's Point on the sound, to guard the coast against the enemy and to prevent their landing - In the following expeditions and terms of service I belonged to the State Troops
Troops - In June 1776. I enlisted for a cruise on board the Sloop Broom of Fairfield, a Privateer of Ten Guns. William North of Milford was Capt. Isaac Staples. and a Mr. Wheaton his given name not recollect. were Lieutenants. and Joseph Tiffin of Fairfield was sailing Master - I served on board three four months. and took during the cruise three or four valuable prizes according to the best of my recollection - and a the merchant ship which was taken was purchased and fitted out by our Government and was commanded afterwards by the celebrated Paul Jones
In 1777 1777 I enlisted again under Capt. Eliphalet Sherp of Fairfield. and served three four months on guard at Kinsey's Point so called in Fairfield - In 1777. I entered on board the Brig Fairfield. a Privateer of twelve Guns. commanded by Capt. William North of Milford. Ebenezer Bartram of Fairfield was Lieut. and a Mr. Babbe. whose given name is not recollect. was sailing Master - and I served on board four months months. and took nothing - but
In 1779 I enlisted in the State Troops. under Capt. John Yates of Nippon; in the town of Stratford and Col. Mathew Mead of Milford. commanded the Regiment. and went to Worms Creek. where I served seven months in the lines - In 1780 I was drafted and served one month under Capt. Eliphalet Sherp of Fairfield. on a guard at Mill River a small creek Port in the town of Fairfield - This

Service at Mill River according to the list of my enlistment was in the month of May - In 1780 I was again drafted for six Months and was marched from Fairfield to Danbury and from Danbury to the Farm of Orange in the State of New Jersey where we joined the continental Army. That the said  of  the service and that the said  of  the  service and that the said  of  the  service - and that I served out my time and was discharged - I have no written discharge now in my possession - Sworn to and subscribed the day & Joseph Hays year aforesaid before me Daniel Hill Judge of Probate -
State of Connecticut District of Fairfield ss. Fairfield July the 25 th 1832 I hereby relinquish my claim whatever to a Pension or annuity except the Pension and declare that my name is not on the pension roll of the agency of my State - Joseph Hays Sworn to and subscribed the day and year aforesaid before me Daniel Hill Judge of Probate -
State of Connecticut ss. District of Fairfield August the 1 st 1832 We Thomas Wheeler and Huld Bradley Esq. residing in the Town of Fairfield in the district and State aforesaid hereby certify that we are well acquainted with Joseph Hays who has subscribed and sworn to the foregoing declaration and we believe him to be about seventy six years of age that he is respected and beloved in the Neighborhood where he resides to have been a soldier of the Revolution and that we received in the same Service - Sworn to and subscribed on the day & Thomas Wheeler year aforesaid before me Huld Bradley Daniel Hill Judge of the Court of Probate for the district aforesaid

And the 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 certify that it appears to the said Court, that Thomas Wheeler and Hull Brattle Esqrs. who have signed & sworn to the preceding Certificate, (no Clergyman being to be obtained for the purpose) and who are residents of the said District of Fairfield, are entitled Persons and that their statement is entitled to credit -
Daniel Hill Judge of Probate -
I Daniel Hill Jr. Clerk of the Court of Probate for the District of Fairfield aforesaid - do hereby certify that the foregoing contains the original proceedings of the said Court in the matter of the application of Joseph Hays for a Pension. In testimony whereof I have hereunto set my hand Seal & Office at Fairfield in the District aforesaid this 9 th day of August 1832 - (Daniel Hill Jr Clerk)

Perkins
13.327 ✓ INVALID.
File No. 13.327
Joseph Hayes Briv. Rev. War
Act: June 7 th 1832
Index:—Vol. 1 , Page 435
[Arrangement of 1870.]

I Thomas Perry a resident of the town of Fairfield in the County of Fairfield and State of Connecticut, aged Seventy five years, being duly sworn, do testify and say that I am well acquainted with Joseph Hayes of said Fairfield having been brought up together and always lived in the neighborhood of each other - I know of his going to St Johns, and Montreal in 1775 - We both belonged to Col. Daince Waterbury's Regiment. We went first to New York, and finally to Ticonderoga, St Johns, and Montreal - Chamberlain and St Johns were taken at this time - General Schuyler was then a part of the time - But General Montgomery eventually took the command and we were under his orders - When at Montreal our time of service was so near out that we did not go with General Montgomery to Quebec, but were ordered to return home. The Company, the Regiment and Officers returned home together, except some few who enlisted. No written discharges were given. I also testify that I know that the said Joseph Hayes served on board the Brig Fairfield, a privateer of which William North of Milford was Capt. and Ebenezer Datham of Fairfield was Lieutenant, according to the best of my recollection it was in the year 1779 - I also know that the said Hayes, sometime in the summer of 1779, went in the Company of Capt. John Yates of Nipton, and in the Regiment of Col. Mathew Mead of Nipton, to Housatonic, then in the Lines and remained there until about the 1 st of March 1780 when we were discharged. And I further

certify that I know that the said Joseph Hays was drafted some time in the summer of 1780. The length of time for which he was drafted I do not now recollect. I went with him as far as Danbury and from thence he with a number of others who were at the same time were sent on to join the continental Army - Fairfield July the 27 th 1832 Thomas Drey
State of Connecticut. District of Fairfield ss. Fairfield July the 27 th 1832. Personally appeared Thomas Drey and made solemn oath that the facts stated in the foregoing certificate or deposition by him submitted are true. before me David Hill Judge of Probate
I Ephraim Nichols a resident of the Town of Fairfield in the County of Fairfield and State of Connecticut aged Twenty three years. being duly sworn do testify and say that I am well acquainted with Joseph Hays a resident of said Fairfield. and believe him to be about Twenty six years of age. I believe him to have been a Colonel of the Revolution and I also certify that he entered for a cruise on board the Brig Fairfield in 1777: a Privateer of which William Scott of Milford was Capt. and Oliver Bartram of Fairfield was Lieutenant And I also believe the said Joseph Hays to

be a man of Truth Truth and Veracity -
Fairfield July the 27 th 1882
Sworn to and subscribed in the
Ebenezer D. Dickey
27 th day of July 1882 at
Fairfield before me -
Daniel Niles Judge of the County of Fairfield for Fairfield District -
I Joseph Banks a resident of the Town of Fairfield in the County of Fairfield and State of Connecticut, being duly sworn sworn in open Court. do testify that I am well acquainted with Joseph Hays a resident of Fairfield and believe him to be about Seventy six years of age. I know that he entered into a Company commanded by Capt. Elijah Hall of Fairfield according to the best of my recollection in the month of December 1775 - and marched to New York and was stationed at what was called the upper Barracks - and served about Four Months Col. Daniel Waterbury of Stamford commanded the Regiment to which he belonged - and according to the best of my recollection we were discharged sometime in the month of April in the year 1776 1776 - And Joseph Hays served until discharged And so far as I know Mr. Hays is a man of integrity and Truth -
Fairfield July the 27 th 1882
Joseph Banks
Sworn to and subscribed in the
day and date aforesaid
before me. Daniel Niles Judge of the County of Fairfield for Fairfield District -

State of Connecticut ss. District of Fairfield August 8 th 1882 I Hester Banks, residing in the District and State aforesaid aged Seventy eight and in my seventy ninth year, being duly sworn according to Law, do certify that I am well acquainted with Joseph Hayes a resident of the said Town and State and know that he went some time in May 1865 in a Northern Force of service in the State Troops, in Capt David Dimes's Company of Fairfield, and Col. David Waterbury's Regiment. We marched to Stamford, New York and from there we went to Albany. Friends Hayes and H. Johns. He was at H. Johns during the Siege and at the taking the Port. From there we went to Montreal. General Montgomery was the General. and he was out some time in the latter part of November 1865, in his outposts here. He served in the same Regiment with me as Col. David Waterbury of Stamford. I also certify that Joseph Hayes is a man of Truth & Honesty. Sworn to and subscribed in the day and year aforesaid before me David Hill Judge of the Court of Probate for the district aforesaid —
Ebenezer Banks

State of Connecticut ss District of Fairfield August 9 th 1832 I David Hill Judge of the Court of Probate for the District aforesaid - do hereby certify that I am well acquainted with Ebenezer Banks Esq. Joseph Banks, Ephraim Nichols and Thomas Perry, the Persons who have sworn to and subscribed the form within and immediately preceding Certificate or depositions . That they are men of truth and veracity and that the statements in their depositions are entitled to credit - David Hill -
I David Hill Jr Clerk of the Court of Probate for the District of Fairfield aforesaid - do hereby certify that David Hill who has signed the preceding Certificate is Judge of the Court of Probate for the District aforesaid. and that the above signature of his Name is his genuine signature.
In Testimony whereof I have hereunto set my hand and the seal of Office at Fairfield in the District aforesaid. August 9 th day. AD 1832
David Hill Jr Clerk

State of Connecticut ss District of Fairfield November 21 st 1832 I Daniel Bradley a resident of Fairfield in the district and State aforesaid. aged seventy five and some months. being duly sworn according to Law. do hereby certify that I am well acquainted with Joseph Hayes a resident of said Fairfield. and believe him to be about seventy six years of age. I was in the continental Army in 1780. and was some time in that year according to the best of my recollection with the Army in the state of New Jersey and from circumstances which the said Joseph Hayes has related to me respecting respecting the Army and individuals belonging to it I am firmly persuaded and fully believe that he was there as he states in his declaration. Time has erased many and perhaps most of the Facts from my recollection. but I have no doubt from what he has told me. that the Facts stated in his declaration respecting his Service & escape in Jersey in 1780. are true - Sworn to and subscribed in the Day and year aforesaid. D Daniel Bradley before me. Daniel Newberry Notary for the district aforesaid -

State of Connecticut ss. District of Fairfield November 27 th 1892
I David Hill Judge of the Court of Probate for the District of Fairfield do hereby certify that I am well acquainted with Daniel Bracey who has been to and subscribed the deposition on the other Page of this half sheet. I know him to be a man of truth and certify that his deposition is entitled to full belief -
David Hill Judge of Probate
I David Hill Jr. Clerk of the Court of Probate for the District of Fairfield do hereby certify that David Hill who has subscribed the above certificate is Judge of Probate for the District of Fairfield aforesaid and that the above signature of his name is his genuine signature. In Testimony whereof I have hereunto set my hand and the Seal of Office at Fairfield aforesaid on this 27 th day of November 1892
David Hill Jr. Clerk
Nov 28 1892 Sec. 13

Joseph Winton of Weston Fairfield County, Connecticut aged Seventy five Years and now testify and say that I am well acquainted with Joseph Hays of the Town & County of Fairfield. That we were together in the Service of the Revolutionary War. In April or May 1775 he enlisted into the State Troops of Connecticut for seven months in the company commanded by Capt David Dimes. Peter Pondix and Wakeman Burn Smith & Josiah Lamy Ensign and said company was raised at Fairfield I was a member of said company. Col. David Waterbury of Stamford commanded the Regt. and said Hays, with the rest of the company marched from Fairfield to Stamford Thence to horse neck so called Thence to New York where the Regt. encamped awhile & from thence to Harlem & Thence up the North River to Albany Thence to Halfmoon, Thence to Tienderoga Thence to St. Johns completing the term of service above specified I further certify that the said Hays enlisted with me in the month of Decr. 1775 immediately after our return from the North in the State Troops of Connecticut company commanded by Elijah Abels Capt. Stephen Wakeman Smith & George Burn Ensign all of Fairfield. We marched to Stamford & Thence to New York and continued there in the Regt. commanded by Col David Waterbury until the time of enlistment expired being four months & was dismissed I further certify that in 1776 in May or June as near as I can recollect the said Hays enlisted with me on board the Sloop Brooklyn of Fairfield of ten guns for a cruise commanded by Capt. William Nott of Milford. Enoch Staples and a Mr. Wheaton Lieuts & Joseph Silliman of Fairfield Sailing Master our service on board four months - And I further certify that in the year of 1777 In May as near as I can recollect I again enlisted into the sea service on board of the Sloop Boston of ten guns belonging to New Haven for five months & I am well satisfied that the said Hays enlisted on board of another vessel at the time I enlisted I think it was the Sloop Fairfield but how long I cannot say but should think something like five months as we were old acquaint- ance and together when in port Sworn to and Subscribed at Fairfield Joseph Winton this 20 th day of August 1832 before David M c Intyre J. Probate for Fairfield District -

State of Connecticut ss. District of Fairfield August 29 th 1832 I Daniel Hill Judge of the Court of Probate for the District aforesaid. do hereby certify that I am well acquainted with Joseph Winton and John Knapp the Persons who have submitted the two immediately preceding Depositions that they are men of Truth and that their depositions are entitled to credit - Daniel Hill -
I Daniel Hill pro. Clerk of the Court of Probate for the District of Fairfield aforesaid. do hereby hereby certify that Daniel Hill who has signed the foregoing Certificate is Judge of Probate for the District aforesaid. and that the above signature of his name is his genuine signature. In testimony whereof I have hereunto set my hand and the Seal of Office at Fairfield in the District and State aforesaid this 29 th day of August 1832 David Hill D. Clerk

State of Connecticut Dist. of Fairfield August 20 th 1832
I John Knapp a resident of the District and State aforesaid aged seventy nine years. being duly sworn according to Law. do hereby certify. that I am well acquainted with Joseph Hayes a resident of the said District and State. that he served seven months in the year 1775. in the Company of Capt. David Dimes of Fairfield and in Col. David Waterbury's Regiment of Stamford. the Company joined the Regiment at Stamford. and marched from thence to New York. and from New York went up the North River to Albany. and from Albany to Pienclenaga and St Johns. the said Hayes was at the siege of St Johns and the capture of the Fort. Richard Montgomery commanded at the siege. The Regiment of Col. Waterbury was Connecticut State Troops. and was the first Regiment raised by Connecticut in the Revolutionary War. He had an honorable discharge sworn to and subscribed in the day
John Knapp
and year aforesaid before me David Root Judge of the Court of Probate for the District aforesaid -

Leah Hayes
5. 6 11. 13
Adm o 2 years 12 mo. private $43. 33. per an
Col. G. Foulston Senate US

BRIEF objections to the admission of Pension Claims , of which those answered in the negative, in red ink, will apply to the claim of
Joseph Hayes _____ which require further proof or explanation.
I. Does the declaration show where the applicant resides?
II. Did the declarant make the declaration in the county where he resides?
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?
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? no
VI. Has he given the names of the officers under whom he served, in conformity with the regulations?
no - his services cannot be traced unless the regimental officers are given
VII. Has he made a relinquishment of every claim to any other pension than the one under the Act of June 7, 1832?
VIII. Has the Court given their opinion?
IX. Has the Clerk given his certificate?
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? no device

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 Clergyman — but others
XII. If the clergyman's affidavit has not been produced, is there any reason assigned for not obtaining it? — "no Clergyman being to be obtained for the purpose"
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?
It should appear that the best evidence has been produced
XIV. † If the applicant has produced a witness or witnesses as to his service, has the magistrate who administered the oath certified that he, she, or they are persons of credibility?
Has the official character and signature of the magistrate been certified by the proper officer under his seal of office?
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?
XVI. ‡ Are the papers authenticated as the regulations direct?
XVII. Are the seven interrogatories prescribed by the War Department answered satisfactorily? And, if not, which of them is not so answered?
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, 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 the 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.
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 authenticated 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 end 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.