Revolutionary War Pension and Bounty Land Warrant Application File W. 24383, Daniel Hayward, Mass.

SERVICE
NUMBER
Mass
Hayward, Daniel Hayward or Mary
W 24383
CONTENTS
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15.479 Massachusetts
Daniel Hayward of Braintree in the State of Mass who was a Private in the Company commanded by Captain Newcomb of the Regt. commanded by Col. Whitney in the Mass for 2 years
Cash & Notes
72 Norfolk
Inscribed on the Roll of Massachusetts at the rate of -80- Dollars ~ Cents per annum, to commence on the 4th day of March, 1831.
Certificate of Pension issued the 17 th day of June 1833 and Lieut Genl P. D. Adams Quincy Mass
Arrears to the 4th of March 1835 $160.00 Semi-ant. allowance ending 4 Sept. " 40.00 $200.00
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded by W. Addison Clerk, Book C Vol. 2a Page 33

Massachusetts 861 Mary Hayward widow of Daniel Hayward
Lt. E. Clark Jan 9. 1833 let to same. Feb 9 1843
who was a pensioner under the Act of 1832 and who died on the 12 th August 1837 of the the State of MS. who was a Private in the Company commanded by Captain Newcomb of the Regt commanded by Col. Whitney in the MS. line for 2 years
Inscribed on the Roll of MS. at the rate of 80 Dollars — Cents per annum, to commence on the 4 th day of March 1834. 12 th August 1837
Certificate of Pension issued the 3 rd day of Nov. 1838 and sent to Leland Roxbury MS.
Arrears to the 4 th of Sept 1838 $84.20 Semi-annual allowance ending Mar 39. $10.00
$124.20
Act Jr
Recorded by H.H.C. Book C 4. Vol. 1

Daniel Hayward 10904.
Edwin S Leland

Commonwealth of Massachusetts.
County of Norfolk ss. On this first day of September in the year of our Lord one thousand eight hundred and thirty two, personally appeared in open court before the Honorable Judge of the Court of Probate now sitting at Roxbury in and for said County, Daniel Hayward a resident of Braintree in said County, aged Seventy Seven years, who being first duly sworn, according to law, doth on his oath make the following declaration in order to obtain the benefit of the act of Congress passed June 7th, A. D. 1832.
THAT he was born at said Braintree on the Thirteenth day of October A. D. 1754, and that there is a record of his birth in his family Bible : that he was in the United States service from the third day of May A. D. 1775, to the twentyfirst day of January A. D. 1776 8 months 10 days as a private in the Massachusetts Militia : that he was residing at said Braintree when he entered the service; that he was a volunteer and served for the period aforesaid under the command of Captain John Vinton
: that he marched from West Station in said Braintree
: that he served with other Militia
of the regular troops; and no regular officers were known to him: that he was in no battle and at the end of his service received a discharge but not in writing : that he left the service on said 21 st of Jany 1776 he again entered the service and that since the Revolutionary war he has resided at said Braintree
ALSO : that he was in the United States service from the Twentyfirst day of Jany A. D. 1776, to the first day of Jany A. D. 1777 11 months 29 days as a private in the Massachusetts Militia that he was residing at said Braintree when he entered the service; that he was a volunteer and served for the period aforesaid under the command of Captain Seth Perkins part of the time in the Regiment commanded by Colonel Goffe part of the time attached to no Regiment to his knowledge : that he marched from
: that he served with other Militia
of the regular troops; and
regular officers were known to him: that he was in no battle
that at the end of his service he received a discharge but not in writing and left the service on —
ALSO : that he was in the United States service from the first day of Jany A. D. 1777, to the first day of May A. D. 1777 4 months as a private in the Massachusetts Militia that he was residing at said Braintree when he entered the service; that he was a volunteer and served for the period aforesaid under the command of Captain Thomas Newcomb of Colonel Whitney's Regiment : that he marched from Braintree to Natick from there to Dorchester from there to Wallis's Island : that he served with other Militia
of the regular troops; and
no regular officers were known to him; that he was in no battle
that at the end of his service he received no discharge in writing and left the service on or about said 1 st day of May 1777 & that he has no documentary evidence of this service.

I certify that I the subscriber of Williamsburg in the County of Hampshire do certify and say that I was a Soldier in the Revolutionary War. That in the year of our Lord one Thousand Seven hundred and Seventy eight. I enlisted in the Company commanded by Capt. Joseph Baxter. marched to Newport R. Island and served in said Company six weeks. and that Mr. Daniel Hayward then and now of Brattleboro in the County of Norfolk and Commonwealth of Massachusetts. was also a Soldier in said Company and served the same period of time - and further that in the year A.D. 1776. I was a Soldier in the said Service in a Company commanded by Capt. Isaac Hayes. and that said Daniel Hayward was a Soldier in said Service. in a Company commanded by Capt. Thomas Newcomb. both Companies belonging to the same Regiment. and at that time I was an inhabitant of the said Town of Brattleboro Signed in presence of Minot May Anthony Hunt
Norfolk ss. Precinct August 8 1832. Then the above named Anthony Hunt personally appeared and made oath to the before written statement as by him subscribed Before me
Minot May Jas. Rice

This certify that I the Subscriber of Braintree in the County of Norfolk and Commonwealth of Massachusetts do hereby and say. That I was a Soldier in the Revolutionary War. That I enlisted and served in Capt. Seth Twiss's Company and in the year one thousand seven hundred and seventy five. and that Mr. Daniel Hayward then and now of said Braintree was also a soldier and served in said Company and further at the commencement of the year one thousand seven hundred and seventy six. I again enlisted in said Company and served one year and that said Daniel Hayward was also a soldier in said Company and served with me in the year A.D. 1776. and further that in the year one thousand seven hundred and seventy seven. I served in said Company then commanded by Capt. Thomas Purcomb. and that said Daniel Hayward was also a soldier and served with me in said Company part of the year A.D. 1777.
Signed in presence of Minot Hays.
Bryant Wescott
Norfolk ss. Braintree August 8 th 1832. Then the above named Bryant Wescott personally appeared and made oath to the foregoing statement as by him subscribed
Before me Minot Hays Jus. Peace
I hereby certify that said Bryant Wescott is a person whose credibility may be deemed reliable and whose testimony is reliable

ALSO: that he was in the United States service from the day of  August August A. D. 1870, to about the the 11 th  day of October A. D. 1878 1 month & 15 days as a private corporal in the Massachusetts  United that he was residing at Said Boston when he entered the service; that he was a volunteer and served for the period aforesaid under the command of Captain Joseph Bartle of Colonel McIntosh  Regiment then to Providence : that he marched from Boston to Rhode Island from : that he served with some _____ of the regular troops; and he also, not including the names of any 8 regular officers were known to him; that he was in the battle of Rhode Island that at the end of his service he received no discharge in writing and left the service on the above said first of October 1878 & that he has no documentary evidence of this service -
He hereby relinquishes every claim whatever to a pension or annuity except the present, and declares that his name is not on the pension roll of the agency of any State.
Sworn to and subscribed the day and year first aforesaid.
Friend Hayward
We Merritt Hays residing in the Town of Braintree and Samuel French Junr. residing in said Braintree hereby certify that we are well acquainted with Daniel Hayward who has subscribed and sworn to the above declaration; that we believe him to be Twenty Seven 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. Merritt Hays
Sworn and subscribed as aforesaid.
Samuel French Jr.
And the said court do hereby declare their opinion after the investigation of the matter, and after putting the interrogatories prescribed by the War Department, that the abovenamed applicant was a revolutionary Solon and served as he states. And the court further certify that it appears to them that Winfield Scott Shaeffer who has signed the preceding certificate, is a _____ resident in the Saint Brownsville ; and that Samuel French Jr who has also signed the same is a resident in Saint Brownsville and is a credible person ; and that their statement is entitled to credit.
and the a credible person); and that their statement is entitled to credit. Sherman Leland Judge of Probate The said Court, at the time of signing the foregoing proceedings, was composed of the following members: Sherman Leland, Judge; David Hayward, Assistant Clerk; and the undersigned, who is the regular and qualified assistant of the said Court. David Hayward, Assistant Clerk of the Court of Probate of Rutland, do hereby certify that the foregoing contains the original proceedings of the said court in the matter of the application of Daniel Hayward, for a pension.
In testimony whereof I hereunto set my hand and seal of office on the day and year first aforesaid.
Samuel H. Henson.

1166 Mrs Hagen
paper art paper
admitted P. 1166 $80
J Leland P. H. Leland

Commonwealth of Massachusetts.
County of Norfolk ss. On this tenth day of August A.D. 1888 personally appeared before me Nathan Leland, Judge of the Court of Probate, in and for said County, Mary Hayward, a resident of Braintree in said County, aged 84 years, who being first duly sworn, according to law, doth on her oath make the following declaration, in order to obtain the benefits of the provisions made by the Act of Congress, passed July 9th 1888, entitled "an act granting half pay and pensions to certain widows." That she is the widow of Daniel Hayward, late of said Braintree deceased, who was a soldier in the Army of the United States, and served, according to the best of her information and belief, twentyfour months as a Private in the Massachusetts Militia for which service a pension was granted him under the Act of Congress of the 6th of June 1882, as a Private in the Army of the United States.
For a particular description of the service, and the different marks, where it was performed, she especially refers to the declaration made by him at the time the pension was granted.
She further declares that she was married to the said Daniel Hayward on the fourth day of March in the year nineteen hundred and eighty five; that her husband, the aforesaid Daniel Hayward, died on the twelfth day of August A.D. one hundred eight hundred and thirty seven that she was not married to him prior to his leaving the service, but the marriage took place previous to the first of January thereafter he died and ninety four, six, at the time of her death.
Mary Hayward
Sworn to and acknowledged the day and year above written by the said Mary Hayward who by reason of bodily infirmity is unable to attend Court to make her declaration.
Before me J Leland Probate

I, Minot Hayer, of Braintree, in the County of Norfolk, and Commonwealth of Massachusetts, aged thirty five years, testify and say that I was well acquainted with the afore-mentioned Daniel Hayward, and I am also well acquainted with the said Mary Hayward, who now resides at Braintree. They lived together in Braintree for fifty years, within my recollection in good esteem as husband and wife prior to his death, which took place on or about the twelfth day of August A.D. 1837. And the said Mary Hayward has remained a widow since prior to the decease of her said husband.
For the test life and say that the said Daniel Hayward was a Justice of the United States under the Act of Congress of June 8th 1832, and was at a United States in the Army of the Revolution, and continued such until the time of his death. A small balance due on said account was paid by the said Hayward, after the decease of her said husband at his death.
Minot Hayer
Sworn to. August 30 th A.D. 1888. Subscribed and sworn to by the said Minot Hayer, who is a credible witness. Before me I. Leland (Prothonotary)

Commonwealth of Massachusetts.
County of Norfolk Town of Braintree ss: Married (by the Revd Ezra Weld) March Sixteenth Seventeen Hundred eighty five Daniel Hayward & Mary Denton both of this town.
The above is a true copy from the records of Marriages in the Town of Braintree with the exception of the date which is expressed on the record in fair legible figures as follows (March 16. 1785)
Attest: Judson Stoddard, Town clerk.
I Judson Stoddard above named depose and say, that I hold the office of Clerk of the Town of Braintree aforesaid in the County and State aforesaid and that the above is a true extract from the records of said Town of Braintree with the exception above named as certified by me.
Judson Stoddard Town Clerk
Norfolk August 20th 1838. Sworn to and subscribed by the said Judson Stoddard.
Before me Jon Wilder Just. Peace

Commonwealth of Massachusetts County of Norfolk.
I Jonathan H. Cobb Register of the Court of Probate for the County of Norfolk hereby certify that Thurmon Siland is Judge of said Court of Probate & that Jonathan Wild Jr. is a Justice of the Peace within for the County of Norfolk, and that their respective signatures to this paper are genuine I have
In testimony whereof I have hereunto set my hand & the seal of said Court of Probate this first day of September A.D. 1838.
Jonathan H. Cobb

10909
Daniel Hayward
Shute Span,
16-16 06
(May 15 1833)
P. 398
Hon J L Adams Lunacy E J Leland Esq Roxbury Mass

BRIEF in the case of Daniel Hayward of Braintree in the State of Mass s (Act 7th June, 1832.)
 1. Was the declaration made before a Court or a Judge? open court  2. If before a Judge, does it appear that the applicant is disabled by bodily infirmity?  3. How old is he? 77 years  4. State his service, as directed in the form annexed. 
   Period. Duration of Service. Rank. Names of General and Field Officers under whom he served.   Years, Months, Days.     3 May In 1757 8 10 Private Genl Winter   28 Jan 1776 11 19 " Genl Turner Col Marshall   6 Aug 1777 4 " Genl Clinton Col Whitney   12 Aug 1778 1 10 " Genl Burgoyne Col St. Leger  
 5. In what battles was he engaged? None  6. Where did he reside when he entered the service? Braintree Mass s  7. Is his statement supported by living witnesses, by documentary proof, by traditional evidence, by incidental evidence, or by the rolls? By rolls & living witnesses  8. Are the papers defective as to form or authentication? and if so, in what respect? The papers are not attached as req d 
I Certify that the foregoing statement and the answers agree with the evidence in the case above mentioned.
Richard Cloutier Examining Clerk.

Recd
WIDOW, &c.
Mrs. E. M. Armstrong, Cleveland
File No. 24383
Mary Hayward Widow of David Hayward Briarshaw-Louis
Act July 7th 1838
Index : Vol A , Page 318
[Arrangement of 1870.]

10904 Daniel Hayward
L. G. Leland Esq. Roxbury Mass

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

XI. Has the applicant obtained the evidence of a clergyman and another respectable citizen as to their belief respecting his age and the general belief in his neighborhood relative to his revolutionary service? no
XII. If the clergyman's affidavit has not been produced, is there any reason assigned for not obtaining it? no
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?
XIV. † If the applicant's name is not found on the rolls of military service, has he produced a witness or witnesses as to his service? yes
If he has produced direct proof as to service, has the magistrate who administered the oath, certified to the credibility of the witness or witnesses? No
Has the proper officer certified to the official character and signature of the magistrate as the regulations direct? no
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? yes
XVI. ‡ Are the papers authenticated as the regulations direct? No
XVII. Are the seven interrogatories prescribed by the War Department answered satisfactorily? And, if not, which of them is not so answered?
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 each applicant served, and the particular rank he held, as the law directs the pension to be paid according to the grade of the pensioner and the length of his service. The use of the phrase about three or four months is too indefinite, and all such qualifying expressions are objectionable. Some persons who apply for pensions merely state they served two years in the militia, &c. without specifying the tours; the names of the officers, and other particulars respecting their service. This form of a declaration is highly objectionable. It must in every case be clearly shewn under what officers the applicant served; the duration of each term of engagement; the particular place or places where the service was performed; that the applicant served with an embodied corps called into service by competent authority; that he was either in the field or in garrison; and for the time during which the service was performed, he was not employed in any civil pursuit.
†QUERE XIV. Proof of Service.
In a case where the name of the applicant is not found on the records of the Department, he must prove his service by two credible witnesses, who are required to set forth in their affidavits the time of the claimants entering the service, and the time and manner of his leaving the same, as well as the regiment, company, and line to which he belonged. The magistrate who may administer the oaths must certify to the credibility of the witnesses, and the official character and signature of the magistrate must be certified by the proper officer, under his seal of office.
‡QUERE XVI. Mode of authenticating papers.
In every instance where the certificate of the certifying officer who authenticates the papers is not written on the same sheet of paper which contains the affidavit, or other paper authenticated, the certificate must be attached thereto by a piece of tape or narrow ribbon, the ends of which must pass under the seal of office of the certifying officer, so as to prevent any paper from being improperly attached to the certificate.
In every case where the clerk of the court, or other certifying officer, has no public seal of office, the certificate of a member of congress, proving the official character and signature of the certifying officer, should accompany the papers.

Brighton Dec 26 th 1852
Dear Sir. I herewith enclose to you the claims for arrears of the heir of Mrs Mary Hayward of Braintree. Also. The claims for arrears of Mrs Hannah Pratt of Weymouth. Also. The claims for arrears of Mrs Emma Dover of Wingham. Also. The claims for arrears of Mrs Savannah Stratton of Wingham. Also. The claims for arrears of Mrs Margaret Delano. of Durdunburg. Also. The claims of Mrs Abigail Kent. for arrears. of Durdunburg. which are respectfully forwarded By your very obedt Servt Elihu Root
Then J. L. Edwards. Commissioner of Pensions At Washington.

Commonwealth of Massachusetts.
Secretary's Office, May 20 1833.
I hereby Certify, That, from an examination of the Books and Documents, relating to Military Services in the War of the Revolution, which remain in this Department, it appears
that Daniel Hayward served as follows viz Under Capt John Binton (an Independent Co) for the period of eight months, two weeks, & four days commencing
m w 2 8. 2 4
May Third 1775. Under Capt Seth Turner (an Independent Company) for the period of four months
m 2 4. 8. 21
& twenty one days commencing January 1 st 1776 under Capt Seth Turner in Col. Marshall's Regt
m 2 7. 8 9
for the period of seven months & nine days commencing May 25 th 1776. Said Hayward served as a private in
the above mentioned companies, & in the company of Capt Joseph Baxter, in Col. McIntosh's Regt.
1. 13
as a corporal, for the period of one month & fifteen
days commencing Aug 5 th 1776
Edward D. Bangs Sec

Did 3 March / 840

Commonwealth of Massachusetts
County of Norfolk ss
On this Twentieth day of December eighteen hundred and forty two. Personally appeared before me Jonathan Wild a Justice of the Peace in and for the County of Norfolk. Jonathan Hayward, a resident of Braintree in said County, fifty six years of age, who being sworn according to law, doth on his oath make the following declaration in order to obtain arrears of pension allowed to his deceased Mother Mary Hayward. That he is the lawful child of the said Mary Hayward who died in the said town on the third day of March 1850, and left the following named children, Jonathan Hayward, (himself) and Mrs. Margery White, and that his sister the said Margery White, died in this said town on the 31st day of March 1832, and that he is the only surviving child of the said Mary Hayward. That his Mother the said Mary Hayward was pensioned under the Act of the Seventh of July 1838, and her pension commenced on the day of the death of her husband Daniel Hayward, which took place on the Twelfth day of August A.D. 1837, and he now claims in his own behalf, (or for and in behalf of the heirs of his deceased sister) arrears of pension from the fourth day of March 1836, to the Twelfth day of August 1837, at the rate of eighty dollars per annum which sum was paid to his said Mother at the agency at Boston in the State of Massachusetts, Jonathan Hayward,

Sworn and subscribed on the day and year within written by the said Jonathan Hayward who is a person of undoubted veracity, before me. Jonathan Wild } Just. Peace.
I Ina B. Arnold of Braintree in the County of Norfolk & State of Massachusetts, of lawful age, do testify & say that: I have been acquainted with the family of Daniel Hayward deceased for twenty years past that his Widow Mary Hayward died more than two years since, and at the time of her death that two children were living since that time Mrs. Mary White daughter of said Mary Hayward has deceased and that Jonathan Hayward of said Braintree is the only surviving heir.
Ina B. Arnold
Commonwealth of Massachusetts Norfolk ss.
Braintree Dec r . 20 th 1842 Then personally appeared the above-named Ina B. Arnold who is known to be a credible witness and made oath to the truth of the above affidavit by him subscribed, and that the word died interlined on the fifth line was done before signing & making oath.
Jonathan Wild } Just. Peace

Commonwealth of Massachusetts
Secretary's Office Boston December 26, 1842
I hereby certify that on the twentieth of the present month of December Jonathan Wild was a Justice of the Peace for the County of Norfolk and Commonwealth aforesaid duly constituted and commissioned, and that to his acts as such full faith is to be given;
Witness the Seal of the Commonwealth the date above written.
John D. Sleeper, Sec'y of the Council.
Ms. A. 9. 2. 20 p. 65
Jonathan Sturgis

Daniel Hayward Bap. set 7 June 1802 to what time paid in Pm offer Oct 30. 1838
Since 12 th Aug 1837 to that period J.H.

COMMONWEALTH OF MASSACHUSETTS.
COUNTY OF NORFOLK, ss.
I, SHERMAN LELAND, Judge of the Court of Probate, in and for said County, hereby certify, that satisfactory evidence has been advanced to me, to prove that Daniel Hayward of Braintree in said County, died, on or near the twelfth day of August 1837: That he left Mary Hayward, of said Braintree, his lawful widow; that the said Mary died on the third day of March 1840: that she left Jonathan Hayward and Margery White her only children, that the said Jonathan is still living but that the said Margery on or about the thirtieth of March 1842 died, leaving a husband, Calvin White, and seven children who are still living.
IN WITNESS WHEREOF, I, the said Judge, have hereunto set my hand and affixed the Seal of said Court, this Thirtieth day of January one thousand eight hundred and forty three
S. Leland

Col. House of Mung... 18...