Revolutionary War Pension and Bounty Land Warrant Application File S. 23681, James Hays, Penn. Penn. Sea Service

SERVICE
NUMBER
Peru - Peru Sea Service
Hays, James
S. 23681
CONTENTS
[Faint, illegible handwriting on lined paper]
[Faint, illegible handwriting on lined paper]

N o 11.399 Pennsylvania
James Hays
of Phil a in the State of Penn a who was a B. & Seaman in the company commanded by Captain Hiles of the Reg t commanded by Col. Eyre in the Penn a troops time for 8 months Private Militia 9 " Seaman Navy
$62.66
Inscribed on the Roll of Pennsylvania at the rate of 62 Dollars 66 Cents per annum, to commence on the 4th day of March, 1831.
Certificate of Pension issued the 27 th day of April 1833 and sent to J. H. Pettit Philadel a
Arrears to the 4th of March 1833 125.32 Semi-ann. allowance ending 4. Sept. 1833 31.33
$156.65
{ Revolutionary Not June 7
Recorded by D. Brown Book E. Vol. 5 Page 2

State of Pennsylvania City of Philadelphia } ss.
In the Court of Common Pleas in & for the County of Philadelphia —
Twenty fifth April On this the 14th day of July Anno Domini 1833, personally appeared James Hoags of the City of Philadelphia and State of Pennsylvania, aged seventy eight years, who being first duly sworn according to law, took on his oath make the following declaration in order to obtain the benefit of the provision made by the act of Congress, passed June 7. 1832. That in the year of 1776, he lived in the City of Philadelphia where he had been born; In that year he joined as a volunteer a company of Artillery of Pennsylvania Troops in the service of the United States, commanded by Captain Stiles, the Company was raised at Phila- delphia — it belonged to the B. Reg- ment of State Artillery, Colonel Cyle — he marched in the summer of 1776 with his Company, he being a private, to Amboy in New Jersey — where he was engaged in Camp duty, in the neighborhood of the enemy, for two months and upwards — they were marched back to Philadelphia and the declarant was honorably discharged from active service, still continuing a member of the Company — In the next year, he went with the same Company, under Captain Hays (who had been first Lieutenant at Amboy)

down the Delaware to Billingsport New Jersey - they were driven from there after some weeks by British troops, and went to the Pennsylvania side of the River to Fort Mifflin - after some days they were marched to Red Bank White Marsh (Montgomery County) Penn a , North of Philadelphia - they were camped there, and remained till about Christmas, when they were discharged. - The British being in Philadelphia - the declarant went up to Allentown Pennsylvania and worked at making cartridges in the Laboratory then under charge of his old Captain - Stiles - From the time he went to Billingsport till he was discharged at Whitemarsh it was about four months at least - during which time he was in military service -
After the British left Phila- delphia, he returned to the City, to worked for a time at his trade as a Carpenter - He then entered as a Carpenter on Board of the United States Brig Baltimore Packet , Captain Nicholson then fitting out at Philadelphia - for the purpose of convoying ships with provisions for the French fleet then at off Cape Francois - the Baltimore earned ten four pounders - and She sailed with her convoy of 5 vessels and arrived at Cape Francois - with two of the vessels, the other 3 being lost in a gale and never heard of again - after repairing the effects of the gale

on the Baltimore, and remaining some time in the West Indies, they returned homewards, and were cast away on Cape Henry in 1781, and lost every thing - declarant after much privation and suffering reached Philadelphia by land - He served the United States in the Baltimore full eight months.
after he came home he joined an artillery Company, but  and was called into active service for two months - The Company was volunteer Corps commanded by Capt. McCulloch and belonged to Col. Marsh Marsh's regiment of State Troops in service of United States They were sent down to Billingsport and served in Barracks full two months, when they came home and were discharged.
He says that in addition to the services already mentioned he went as a Volunteer with Commodore John Barry on an expedition up the Delaware toward Trenton in Boats - It was after he had been at Amboy and in cold weather when the Hessians were at Trenton - he served on this occasion five or six weeks.
He therefore says that he served the United States as a volunteer in the land service at least eight months, in the Revolutionary war, and in the naval service full eight months - besides the service under Commodore Barry at least one month - His whole service

that there were amounted to at least seventeen months —
He remembers that General Mifflin was at Amboy — He remembers seeing General Washington himself at White- marsh — several other high officers whose names he don't remember. He was in a pretty smart skirmish with the British at Belling- port —
He has no documentary evidence. The only person he knows of whose tes- timony he can procure, who can testify to his service, is Captain Fry above mentioned — under whom he served at Bellingport — he Capt. Fry resides in the Northern Liberties in Philadelphia County — but who is now very infirm and unable to leave his room — his testimony is here to annexed —
The declarant has lived in the City of Philadelphia ever since the Revolutionary war; — He has no record of his age — among the persons to whom he is known in his present neighborhood and who can testify to his character for veracity, and their belief of his service as a soldier of the revolution, are Charles Wetherill and John Dickson —
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 — He is poor and too old to work at his trade.
Sworn to and subscribed in open Court the day & year aforesaid J. H. Magall Pro prothly
James H. Magall X Mark

State of Penn a County of Philadelphia } ss.
Joseph Fry aged sixty ninety years and upwards, now living in the County of Philadelphia being duly sworn say - he is well acquainted with James Hays, an applicant for the benefit of the act for the relief of surviving revolutionary soldiers, passed in June 1832 -
In 1776, this deponent was Lieutenant of Capt n Stiles Company of Artillery in Col Cyles Regiment of Pennsylvania State Troops in the service of the United States - he knows that James Hays served as a private in said Company at least two months and was then honorably discharged. The Company marched to Anboy on this occasion -
Next year the same Company was commanded by this deponent - and served the United States for at least four months - at Billingsport - Fort Mifflin and Whitemarsh - the said James Hays was a private and faithfully served that time - Deponent

has always since known James Boys - he has always understood and believed that he performed other revolutionary services beside those of which deponent was an eye witness - He knows him to be a man of veracity - and believes that full credit ought to be given to any statement he may make to the department of war.
Joseph X  mark
Sworn & subscribed before me, a justice of the Peace, in and for the County of Philadelphia, February, thirteenth. Anno Domini one thousand, eight hundred and thirty three.
Mordecai Y. Bryant Seal Justice of the Peace
Witness present John H. Fry John D. Wilson
State of Pennsylvania } ss County of Philadelphia }
I Richard Palmer, Prothonotary of the Court of Common Pleas in and for said County do hereby Certify that Mordecai Y. Bryant before whom the above affidavit was taken is a Justice of the Peace of said County, that the signature "Mordecai Y. Bryant" thereto annexed is his genuine signature, and that full faith and credit ought to be given to his official acts.
In testimony whereof I have hereunto set my hand and the seal of said Court, this 14 th day of February A. D. 1833
Richard Palmer Prothonotary

Revolution
23681
INVALID.
File No. 23681
James Hays
Pa. Rev. War.
Act: June 7 th 1790
Index:—Vol. 2 , Page 168
[Arrangement of 1870.]

We Charles Wetherill, and and John Dickson both residing in the City of Philadelphia, in the State of Pennsylvania, hereby Certify that we are well acquainted with James Hays who has subscribed and sworn to the above declaration, that we believe him to be seventy eight years of age; that he is reputed and believed in the neighborhood where he resides to have been a soldier of the Revolution and that we concur in that opinion. Sworn and subscribed the 24th day of year aforesaid } Charles Wetherill in open Court } John Dickson J. C. Traubolt Fore proof
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 Charles Wetherill and John Dickson who have signed the preceding Certificate are residents of the City of Philadelphia, and are credible persons, and that their statement is entitled to Credit.
Edward Vaux April 25 1832
President Judge

Jacob Wayne of the City of Philadelphia, aged seventy three years and upwards, being duly affirmed according to law deposes and says, he is well acquainted with the above named applicant James Hays - Deponent during a part of the War of the revolution was a sailor on board of a Brig called the Mars - a letter of Marque from Philadelphia bound to St. Eustatia - they were chased into St. Martins by the enemy, where they got a Cargo and returned towards the Chesapeake - In Curratuck inlet the Brig was wrecked - and he travelled to Philadelphia most of the way by land - at Portsmouth Virginia on his way home to Philadelphia, he met the said James Hays - Sometimes say before this however he had seen the deponent had witnessed the wreck on Cape Henry of a Brig called the Baltimore Packet Captain Nicholson - He saw the crew getting themselves on shore - Deponent says this was shortly before the wreck of the Mars - and that he was on board of the Mars close to the Baltimore Packet when the the Baltimore Packet was cast away - James Hays was one of the hands of the Baltimore Packet - and this the deponent knew when he met him

at Portsmouth — A young man named Fox from Philadelphia was also one of the crew whom he saw also met at Portsmouth — He understood at that time at Portsmouth that the Baltimore Packet had been engaged (being an armed vessel) in conveying ships with provisions for the French fleet in the West Indies — In relation to her being a vessel employed by the public, he understood at that time, and it was generally reported that she was a vessel belonging to one of the States, but that she had been employed on that voyage and service by the United States. He remembers distinctly one of the crew of the Baltimore packet having a passport and an order on the different commissaries of the United States for provisions on his way home — Deponent remembers also that provisions were actually obtained under that passport from the United States Commissaries — — particularly at Fredericksburg — where — He understood that the rest of the crew had similar orders — He remembers this the more particularly — to because being himself a shipwrecked sailor without means, he was furnished with some of those very provisions by obtained under said orders —
Deponent says he has since the revolutionary war resided in Philadelphia — that he has known

James Hays since that time that the applicant who is now in his presence is the same man - Deponent has followed the business of a Cabinet maker - From James Hays character and standing he thinks thinks any state- ment he makes in relation to his services Revolutionary services entitled to credit.
Affirmed & Subscribed in Open Court
25 April 1833
F. A. Reynolds
Jacob Wayne

Richard Palmer, Prothonotary. of the Court of Common Pleas in and for the County of Philadelphia do hereby certify that the foregoing contains the original proceedings of said Court in the matter of the application of James Hays for a pension.
In testimony whereof I have hereunto set my hand and the seal of the said Court this twenty fifth day of April in the year of our Lord one thousand eight hundred and thirty three
Richard Palmer Prothonotary

The Hon. Edw. Davis Secy of War Washington D.C.
Very interesting 4 mo. Seaman 8 mo. Private $62:66 per ann

Phila a Ap: 25. 1833
The Hon Secy of War
Sir -
The papers of James Hays, an applicant for a pension under the act of June 7. 1832 were returned to give him an opportunity to furnish proof as to the public character of the Brig which he called "The Baltimore". It seems he meant "the Baltimore packet" and he says he supposed he so gave its name when the papers were first prepared. As so the error was in the person reducing his statement to writing — The Court have allowed him to correct the mistake — and have taken the deposition of Jacob Wayne as to the character &c of the Brig.
The President Inaug with his own hand altered the date at the beginning of the application — also added it after his signature to the Certificate of the Court, & directed the Prothon ry to give a new Certificate under seal — of the proceedings thus renewed and amended. — It is hoped the papers now transmitted will for entitle Mr Hays to a pension for the whole time of service 17 months — Please enclose the answer to me Yr: m c : ob: ser; V. M c : Kell y