Revolutionary War Pension and Bounty Land Warrant Application File R. 4790, Benjamin Hays, New York

SERVICE
NUMBER _____
Hays, Benjamin
R. 4790
CONTENTS

of New York)
in County } 8. On the Eleventh day of September in the year of our Lord one thousand eight hundred & thirty three personally appeared in open Court before the judges thereof to wit Leith C. Baldwin Esquire first Judge & Simon a. Patterson Hiram Barber, H. B. Mead & Du- mean B. Hicks Esquires his associate Judges of the Court of Common Pleas of said County now sitting in the said Court House in the Town of Caldwell in said County, Ben- jamin Hays of the Town of Bolton in said County aged seventy years the sixth day of April last (1833) who being first duly sworn ac- cording to law makes the following Declara- tion in order to obtain the benefit of the act of Congress passed June 7 th 1832. He first en- tered the service at Greenbush in the County of Albany in said State in September 1800, and participated in the mili- tia, in a company commanded by Captain Anthony Brice, 1 st Lieutenant Hubert Woodbeck 2 d Lieutenant John Astrande Ensign John Stork, Colonel Killian Van Rensselaer, Major Matthew Van Buren - Brigadier General Robert Van Rensselaer - that he marched immediately with his com- pany from Greenbush aforesaid to Saratoga crossed the River at Fish Creek Still Water (Half Moon ferry) and encamped at Fish Creek where they were encamped about two weeks, and were discharged on parole by Col. Killian Van Ren- selaer - That in October (of the same year he thinks) he was again called into the service under the same officers, crossed the River at Albany & marched to Beavers Dam Fort with two Regiments where they staid twelve days and then marched back to Albany, where they were again discharged on parole by Col. Killian
11
12

Van Rensselaer - That in the month of March 1781, he was again called into the service in his company aforesaid in which he served till sometime in November of the same year. That his company during the time last mentioned acted in guarding the Highways between Albany & Hudson, that on the weather becoming cold his company left the service but that they received no written discharge.
1 st Ques. I was born in Newpaltz (now Orange County)
2 nd " I have no record of my age except a slip of paper found among my father's papers, by which it appears that my age is as stated in the foregoing declaration.
3 rd " When first called into the service I lived in the Town of Greenbush in the County of Albany, after I left the service I resided at the same place till 1784, when I removed to Berkshire County in the State of Massachusetts where I lived four years. I then returned to Greenbush where I lived two years, & then moved to the (now) Town of Bolton aforesaid where I lived twelve years. I then moved to the Town of Rensselaer in the (then) County of Washington where I lived about a year. I then moved to Saratoga County where I lived fourteen years in the Town of Hadley . I then removed to the Town of Bolton aforesaid in the month of March 1819 - where I have since resided now reside.
4 th & 5 th Answered in the foregoing declaration.

6 th
I never received any written discharge & I hereby relinquish any claim whatever to a pension or annuity except the pension & declare that my name is not on the pension roll of the agency of any state.
I have no documentary evidence of my service during the war of the revolution, but that my brother Nathan Hays had personal knowledge of my service during the period from the month of March 1781, to the month of November of the same year, last mentioned in the foregoing declaration - That in consequence of poverty I am unable to go after my associates to get their certificates of the remainder of the time mentioned in the foregoing declaration.
7 th
That Asa Priest a Clergyman residing in the Town of Caldwell in said County, Warren Thomas of the Town of Bolton of and are persons to whom I am personally known & who can testify as to my character for truth & veracity & their belief of my services as a soldier of the revolution.
And further that my brother Nathan Hays who has made an affidavit of my services, on account of bodily infirmities, cannot now be produced in Court without great difficulty and inconvenience.
Benjamin H. Hays Mark
Subscribed & sworn to before me in Open Court this Eleventh day of September 1833 McGuire Archibald Clerk

We Warren Thomas of the Town of Bolton aforesaid & Ransel Baret of said Town of Bolton a clergyman
hereby certify that we are well acquainted with Benjamin Hays who has subscribed hereto to the above declaration. That we believe him to be seventy years of age - that he is reputed & believed in the neighborhood where he resides to have been a soldier of the revolution & that we concur in that opinion -
Subscribed & sworn before me in open Court the Eleventh day of September 1833. Thomas Melville Clerk
Warren Thomas Ransel Baret
And the said Court do hereby declare their opinion after investigation of the matter & after putting the interrogatories prescribed by the War Department that the above na- med applicant was a revolutionary soldier as he states - And the Court further certifies that it appears to them that Ransel Baret who has signed the preceding certificate is a clergyman residing in the Town of Bolton in said County of Warren & that Warren Thomas who has also signed the same is a resident in the said Town of Bolton & is a credible person & that their statement is entitled to credit.
Sealed with the Great Seal of the Court Seth P. Hildreth First Judge Thomas Melville Clerk Concurring pleas of the County of Warren do hereby certify that the foregoing contains the original proceedings of the said Court in the matter of the application of Benjamin Hays for a pension.
In Witness Whereof I have hereunto set my hand and seal of this Eleventh day of September 22 1833 Thomas Melville Clerk
Benjamin Hays 28. 2000

28.200
Benj. Hays, N. York.
R.
4790
M. E. Dodge Warrenburgh. N.Y.

WAR DEPARTMENT,
Pension Office,
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 subjoined 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 Benjamin Hays.
   Period when the service was rendered. Duration of the claimant's service. Rank of the claimant. Names and rank of the field officers under whom he served. Age at present, and place of abode when he entered the service. Proof by which the declaration is supported.   Years. Months. Days.     1780 14 P. Traditionary, not certified by the Court, as required by regulations, which see and one witness.   12 "   7 P.  
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. (L) 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 days 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 the 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 inquiry 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, 1852; 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 fix 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.
[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.

May 26, 1933.
Mrs. Fern Gregory Bean 11024 Bluffside Drive North Hollywood California.
BA-7/ILL Benjamin Hays R. 4790
Dear Madam:
Reference is made to your letter in which you request the pension application of your ancestor, Benjamin Hays.
The record of Benjamin Hays is given below as found in the papers on file in pension claim, R. 4790, based upon his military service in the Revolutionary War.
Benjamin Hays was born April 6, 1763 in New Paltz, New York; said town was later in Orange County, New York. The names of his parents are not shown.
While a resident of Greenbush, Albany County, New York, he enlisted in September 1780, and served about two weeks as private in Captain Anthony Brace's (possibly meant for Bries') company, Colonel Kilian Van Rensselaer's New York regiment, and in October, (1780), served about twelve days under these same officers; he enlisted in March, 1781, in said Captain Anthony Brace's company, Colonel Kilian Van Rensselaer's New York regiment, and was out guarding the highway between Albany and Hudson until discharged, sometime in November, 1781, specific dates of service not shown. M. K. Anderson p 265
After the war, the soldier resided in Greenbush, New York, until 1784, moved then to Berkshire County, Massachusetts, where he remained about four years, then returned to Greenbush for two years, after which he resided in Bolton, New York, for twelve years, then went to Rensselaer in Washington County, that state, where he remained about one year, from there moved to Hadley, Saratoga County, and remained about fourteen years, after which he moved to Bolton, New York, in the spring of 1819.
He applied for pension September 11, 1833, at which time he was

a resident of Bolton, Warren County, New York.
His claim was not allowed as he failed to furnish proof of service of six months as required by the pension law under which he applied.
In 1833, Nathan Hays, the soldier's brother, made affidavit in behalf of the soldier in Warren County, New York.
No reference is made to wife or children of the soldier, Benjamin Hays, in the papers in this claim.
Very truly yours,
A. D. HILLER, Assistant to Administrator.

Acts of July 14, 1862, and March 3, 1873.
4790
P. O.
Benjamin Hays
Service:
RECEIVED
Enlisted: _____, 18
Discharged: _____, 18
Application filed: _____, 18
Rejected & Suspended Pensions.
Page - 123 - Reason for suspension
Alleges: He did not serve 6 months.
5/26/33-
LLC
Re-enlisted: _____
Attorney: _____
P. O. _____
_____ Recognized.
_____ Contract.
_____ Cert. of Dis. Searched for _____, 18
1933. May 26 - Skirt to Mrs. Ben Gregory Bean - LLC

Hon. Lewis Cag Luz of Mass

11024 Bluffside Dr., North Hollywood, Calif., May 15, 1933.
Dear Sir;
Will you please send me the pension application of my ancestor, Benjamin Hays , who was born in 1763 OK and died in 1839.
I would also appreciate any data relative to his family.
Thanking you in advance, Sincerely,
(Mrs.) Fern Gregory Bean 11024 Bluffside Drive North Hollywood California

Free
Aug 7. 1854
William Lloyd
N. York. Returned.
Hon. Lewis Cass Secretary of War Washington D.C.
Munroburg Ky Dec 31—

Warrenton Va. Dec. 30, 1833
Sir,
I hope caused the enclosed papers to be amended in regard to the defect in the form of the Certificate of the Court in a manner, which I understand has heretofore been deemed satisfactory by the Department. I do not understand from the papers returned or from that they are or from the directions accompanying them, that the Department deem them insufficient in any other respect than that above mentioned.
Resp. &c. &c.
W. E. Dodge

in the above affidavit is entitled to credit, and further that from bodily infirmity he could not without great difficulty be produced in court
State of New York
Warren County ss. I, Thomas Archibald Black of the said
County do hereby certify that the foregoing affidavit wherein the annexed affidavit purports to have been sworn was at the date of the same one of the Judges of the County Courts of the said County
duly commissioned and sworn and further that I am well acquainted with the hand writing of the said man & verily believe his name subscribed thereto to be his proper hand writing and signature In testimony whereof, I have hereunto set my hand and seal of office this Eleventh day of September A.D. 1833
Thomas Archibald Black
at Elspeth's pension note

in the above affidavit is entitled to credit, and further that from bodily infirmity he could not without great difficulty be produced in court
Hobbs Head Judge of Warren Common Pleas
up pension mk

The Court of Sessions and General Assizes of Warren County New York
Joseph H. Smith Walter P. Prichard Justin M. Gregory J. W. Hunt
State of New York County of Warren ss
Be it remembered that on the 7th day of December in the year of our Lord one thousand eight hundred and thirty three personally came before me Hobbs Head one of the Judges of the court of Common Pleas and General Sessions of the Peace in and for said County. Nathan Hays a person to me well known and after being duly sworn according to Law on his oath deponeth and says that Benjamin Hays enlisted in the Militia in the March in the year 1781 served 7 months under Colonel Vanrensselaer and Captain Paine. Major Van Buren was discharged in March 1782 but was not out over 7 months on account of his being at home a part of the time as this deponent was in the service with this affiant what time he served and further this deponent is still not sworn and subscribed the day and year above written before me Hobbs Head Judge
I Hobbs Head the the above named Judge hereby certify that I am personally acquainted with Nathan Hays who has subscribed the above affidavit, that I believe him to be a credible person & that his statement as set forth

Chestertown Md. July 25 th
Free
July 25 th Miss L. Edwards Convent of Purvis Washington City D. C.

Chester 11 th day of July 1886
Dear Sir
in behalf of Benjamin Hays who some two years ago made application for a pension by and thro' William E Dodge of Warren- -burgh Warren Co N.Y. and Mr. Hays living some ways from Mr. Dodge wished me to write and inquire what had been done as he had not heard any thing since he sent in about 2 years since and wishes you would write me on the receiving of this that I may communicate to him your decision or what has become of the Papers
Respectfully Yours
J. L. Edwards - Hobbs Head Comr of Pensions

Indra to N. & Co. Warrensburg N. York
Q. 6.
Mar. 11 th '34
Rec. Vol. 30. p. 328

War Department Pension Office March 14 th 1834
Sir
The papers relating to the claim of Benjamin Hays have again been examined - The seven months tour as a guard between Hudson and Albany is not supported by any evidence in the department - If the claim is persisted in it must be satisfactorily shown that such guard was placed there by competent authority & that the service in it was uninterrupted for the term alleged - The case is suspended until the papers placed on file
W. E. Dodge Esq. Warrenton New York

Hobby Head Engg August 1. July 29. 1836 D.G.
Recd. W. S. for 32 f.

War Department Pension Office
August 1. July 29 1836
Sir
The claim of Benjamin Hays, mentioned in your letter of the 1 st  inst. ult. is for one tour of twelve days one of 14 and one of 7 months in Captain Bracey's Company in 1781. The rolls of the Company have recently been obtained from the state of New York - It appears that all the service rendered therein by the claimant was thirty, seven days - His claim is therefore rejected.
Ent.
Hobby, Mead Esq. Chester, New York

Act of June 7 th 1832 Benj. Hays Suspension Letter to M. E. Dreyer Warrenton, N.Y. Mar 14 th 1834 to Hobbs Head 1. Aug. 1836.