Revolutionary War Pension and Bounty Land Warrant Application File S. 15168, Jesse Hayes, Conn. New York

SERVICE
NUMBER
Conn. New York
Hayes, Jesse
S 15168
CONTENTS
carded

9831 Connecticut.
Jesse Hayes.
Litchfield Co in the State of Connecticut. who was a Private in the Comp y commanded by Captain Chapman of the Reg t commanded by Col d Thomas. in the New York Line line for two years.
★ Conn d N.Y.
Records completed June 20/1875
Inscribed on the Roll of Connecticut at the rate of 80 Dollars 00 Cents per annum, to commence on the 14th day of March, 1831.
Certificate of Pension issued the 19 th day of June 1833 and sent to Nathan Preston. Litchfield Co.
Arrears to the 14th of March 1833. 160.
Trans. allowance ending 4 Sept r 1833 40.
$ 200.00
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded by Wm P. Palmer. Clerk, Book C. Vol. 3. Page 18
Letter to Col. Phelps March 1842

State of Connecticut, Court of Probate } ss. District of Woodbury
On this 8 day of Sept r 1832 personally appeared, in open Court, before The Court of Probate held at Woodbury in the County of Litchfield within and for said District
now sitting, Asa Hays a resident of Woodbury in the County of Litchfield and State of Connecticut, aged sixty nine years, who being first 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, 1832.
That he entered the service of the United States under the following named Officers, and served as herein stated.
I was born Sept 9 1762 at Lower Salem West Chester County New York and since then until I entered the army of the Revolution I knew of no record of my birth. after I came out of the Army I resided at Huntington Conn in the Stratford parish I went there about the year 1783 or 84. in 1788 I went to Pea and was in the West process I went there say age about 1797 I removed from New Stratford to Woodbury Conn where I have since and now reside
On the first of October 1776 I enlisted into Captain Ozias Mearns or Mearns company as a private for six months. Capt Mearns com- pany was a State Company and was stationed at Stamford Conn and five mile River near Middlesex a parish of Stamford Conn. This company was not attached to any Regiment to my knowledge. I knew no higher officer than Capt Mearns. The Lieut in this company I do not know as he belonged to the other division of the company. I served in this company until the first of April 1777. making a period of six months.
In the Spring of 1777 in April I enlisted again into Capt Laurens company This company belonged to Col Thomas Regiment New York Militia, The Major was one Hopper as I believe but am not certain I served in this company three months and was discharged at the close of July 1777. I was principally engaged in scouting parties upon the coast and between Long Island

Forrest and the North River. He was Lieutenant in this company.
In Sept 1777 One Lockwood of New Canaan was drafted to go on a tour of duty to Stanford. I took his place as a substitute and joined the company under Capt Isaac Bell and was employed as a guard upon the Coast. When on fatigue duty making fascines and gabions I remained in this company three months. This company belonged to Col Davenport's Regiment of Connecticut Militia. It is now out of my power to state the other field and company officers except one Brinsfield was Lieutenant and was dis- charged about Middle of Dec - 1777 having served out three months.
In the month of April 1778. I belonged to the New York Militia and was drafted and entered Capt John Trumbull's company and Benson was Lieutenant. This company belonged to Col Thomas' Regiment of New York Militia. The Major I have forgotten and do not remember any higher officer than Thomas. I served on the lines between New York and Connecticut. We were employed in constructing and guarding provisions to the heights and at the heights in the lower part of Dutchess County & York and at Crom Point. I served in this company for six months five months and was discharged in the month of Sept October 1778. Immediately on my return to my father I was again drafted by the aforesaid Lockwood to perform a tour of duty in the Connecticut line. I joined Capt Ruelin's Scituate Company early in Oct and

at Hornsick and continued doing duty there until the 1st January 1779. The Lieutenant and Ensign I don't remember. Ensign Courtack was orderly Sergeant. This company belonged to Col Samuel Campbell's Regiment. Mr Meade was commandant on the Coast. I was stationed at Hornsick and Bequarn River & Bridge. The Major I have forgotten.
In April 1779 I belonged to the New York Militia and was liable to do duty as a soldier and was drafted for nine months. I entered into Capt Chapman's company. This company belonged to Thomas Regiment. Col Thomas had the command a part of the time afterward Col Crane. Major Debevan was Major. Col Crane acted as pay master and from him my father received my wages. I continued in this company until 1st Jan 1780. The company had three Captains who served three months each, Capt Chapman. Three months, Capt Lawrence. Three months, Capt David Parise. Three months.
Soon after my return home about 1st Jan 1780. I was called out again the lines were left naked and I went two months under Capt Lawrence.
In April the month of March 1780 I enlisted into Capt Richard Sackett's company for nine months , I believe I am correct as to the length of time although I have formerly thought it fewer months. This company belonged to the Continental line. Wm Morris and David Lucker were Lieutenants. Isaac Regula was Ensign. The company belonged to Col Mironfelt's Regiment a part of the time and a part of

The time to Col Putnam's Regiment, during the Invasion in this company I was at North Castle Shiloh in Oct. once more we charged at New Beresford & returned quite the last day of 1780. The major I have forgotten, after this a draft was made for soldiers acquaintance with the country about West Chester. and John Chapman was drafted & took his place as a substitute and was attached to Capt Brewer's company Col. Hens Regiment Continental troops and served as a guide for two months during the months of February & March 1781.
I am acquainted with Matthew Reuben Smith Rev Raphael Gilbert
and others of Woodbury I do not know of any proof in this part of the country concerning Isaac Hayes whose disposition is herewith transmitted

The said Jesse Hages 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 aforesaid.
H. B. Phelps  Jesse Hages Judge of Probate District of Woodbury
We, Raphael Gilbert a clergyman, residing in the town of Woodbury and Elijah Sherman residing in the same, hereby certify, that we are well acquainted with Jesse Hages who has subscribed and sworn to the above declaration; that we believe him to be 60 years of age; that he is reputed and believed, in the neighborhood where he resides, to have been a soldier of the revolution, and that we concur in that opinion.
Sworn and subscribed, the day and year aforesaid.
H. B. Phelps  Raphael Gilbert Judge of Probate Elijah Sherman District of Woodbury
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 Soldier, and served as he states. And the Court further certifies, that it appears to them that Raphael Gilbert who has signed the preceding certificate, is a clergyman, resident in the town of Woodbury and that Elijah Sherman who has also signed the same, is a resident in the town of Woodbury and is a credible person, and that their statement is entitled to credit.
H. B. Phelps Judge of Probate District of Woodbury
I. Nathan Preston Clerk of the Court of Probate for the District of Woodbury do hereby certify that the foregoing contains the original proceedings of the said Court in the matter of the application of Jesse Hages for a Pension.
In testimony whereof, I have hereunto set my hand and seal of this 10 th day of September 183 2 Office,
Nathan Preston Clerk

87 34
Jesse Hays Connecticut
Adm for 2 years $80.
Simsbury Ct. Nathan Preston, Clk Court. Litchfield Co Connecticut

WAR DEPARTMENT,
Pension Office,
183
Sir:
The evidence in support of your claim, under the act of June 7, 1832, has been examined, and the papers are herewith returned. The following is a statement of your case in a tabular form. On comparing these papers with the following rules, and the 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 show 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, showing the Service of Jesse Hays  Subsisted for Connecticut
   Period when the service was rendered. Duration of the claimant's service. Rank of the claimant. Names and Rank of the Company officers under whom he served. Names and Rank of the General and Field officers. Battles in which the applicant was engaged. Country through which he marched. Place of abode when he entered the service, and age at the present period. Evidence by which the declaration is supported.   Years. Months. Days.     1783 to 1784 Norwalk Conn   Sub 1776 " 6 " Private Sturtevant New York Chester Co Traditionary   " 1777 " 3 " " Lawrence Thomas Long Island New York Indiana   Sub " 3 " " Bell Davenport Horse Neck { 1/2 Kinship   Chaf 1778 " 3 " " Burdale Thomas North   " " 4 " " Seafeldt Sanford Castle   Chaf 1779 " 9 " " McMeade Westchester   " 1780 " 2 " " Chapman Thomas   Sub " 9 " " Santher   Sub 1781 " 2 " " Sackett Merenfeits   Sub 1782 " 2 " " Brewer Burns  
I am, respectfully,
Your obedient servant,
J. L. EDWARDS, Commissioner of Pensions.

REGULATIONS UNDER THE ACT OF JUNE 7, 1832.
The following regulations have been adopted:
This law has been construed to extend, as well to the line, as to every branch of the Staff of the Army, and to include under the terms "Continental Line," "State troops," "militia," and "volunteers," all persons enlisted, drafted, or who volunteered and who were bound to military service, but not those who were occasionally employed with the army upon civil contracts, such as Clerks to Commissaries and to Store Keepers, &c. Teamsters, Boatmen, &c. Persons who served on board of Private Armed Vessels are also excluded from the benefits of the law, as well as persons who turned out as patrols, or were engaged in guarding particular places at night, and were not recognized as being in actual military service.
Four general classes of cases are embraced in this law:
 1. The Regular Troops.  2. The State Troops, Militia, and Volunteers.  3. Persons employed in the Naval service.  4. Indian Spies. 
As rolls of the regular troops in the Revolutionary War exist in this Department, all persons, claiming the benefit of this law as officers, non-commissioned officers, musicians or privates, will in the first instance, make application by transmitting the following declaration, which will be made before a Court of Record of the County where such applicant resides. And every Court having by law a seal and Clerk is considered a Court of Record.
DECLARATION,
In order to obtain the benefit of the Act of Congress of the 7th of June, 1832.
State, Territory, or District of } ss. County of }
On this day of personally appeared (a) before A. B. a resident (b) of in the county of and State, Territory or District of aged (c) years, who being first duly sworn, according to law, doth on his oath make the following declaration, in order to obtain the benefit of the provision made by the act of Congress, passed June 7th, 1832. That he enlisted in the Army of the United States in the year (d) , with and served in the (e) regiment of the line, under the following named officers:
[Here set forth the names and rank of the Field and Company Officers; the time he left the service; (and if he served under more than one term of enlistment, he must specify the particular period, and rank and names of his officers;) the town or county and State in which he resided when he entered the service; the battles, if any, in which he was engaged, and the country through which he marched. This form is to be varied so as to apply to the cases of officers and persons who belonged to the militia, volunteers, navy, &c.]
He hereby relinquishes every claim (f) whatever to a pension or an annuity, except the present, and he declares that his name is not on the Pension Roll of any Agency in any State, or (if any) only on that of the Agency in the State of
Sworn to and subscribed the day and year aforesaid.
A. B.
[And then will follow the certificate of the Court.]
And the said Court do hereby declare their opinion (g) that the above named applicant was a revolutionary soldier, and served as he states.
I of the Court of do hereby certify (h) that the foregoing contains the original proceedings of the said Court in the matter of the application of for a pension.
In testimony whereof I have hereunto set my hand and seal of office (i) this day of &c.
If, on examination of the proper record the names of applicants, making such declaration, cannot be found, they will produce such proof as the rule given in note (j) points out.
Every applicant who claims a pension by virtue of service in the State Troops, Volunteers or Militia, except those who belonged to the New Hampshire Militia and State Troops of Virginia, will make and subscribe a declaration similar to the foregoing, with the following additions, viz:
(k) We, A. B., a Clergyman, residing in the and C. D. residing in (the same) hereby certify, that we are well acquainted with , who has subscribed and sworn to the above declaration; that we believe him to be years of age; that he is reputed and believed, in the neighborhood where he resides, to have been a soldier of the Revolution, and that we concur in that opinion.
Sworn and subscribed the day and year aforesaid.
[And then will follow the certificate of the Court.]
And the said Court do hereby declare their opinion, after the investigation of the matter, and after putting the interrogatories prescribed by the War Department, that the above named applicant was a Revolutionary Soldier, and served as he states. And the Court further certifies, that it appears to them that A. B.
who has signed the preceding certificate is a clergyman, resident in the and that C. D., who has also signed the same is a resident in the and is a credible person, and that their statement is entitled to credit.
I, Clerk of the Court of do hereby certify that the foregoing contains the original proceedings of the said Court, in the matter of the application of for a pension.
In testimony whereof, I have hereunto set my hand and seal of office, this day of &c.
Every applicant will produce the best proof in his power. This is the original discharge or commission; but if neither of these can be obtained, the party will so state under oath, and will then procure, if possible, the testimony of at least one credible witness, stating in detail his personal knowledge of the services of the applicant, and such circumstances connected therewith, as may have a tendency to throw light upon the transaction.
If such surviving witness cannot be found, the applicant will so state in his declaration (l) and he will also, whether he produce such evidence or not, proceed to relate all the material facts, which can be useful in the investigation of his claim, and in the comparison of his narrative with the events of the period of his alleged service, as they are known at the Department. A very full account of the services of each person

will be indispensable to a favorable action upon his case. The facts stated will afford one of the principal means of corroborating the declaration of the applicant, if true, or of detecting the imposition, if one be attempted; and unless, therefore, these are amply and clearly set forth, no favorable decision can be expected. All applicants will appear before some Court of Record in the County, in which they reside, and there subscribe and be sworn to, one of the declarations above provided, according to the nature of his case.
The Court will propound the following ( m ) interrogatories to all applicants for a pension, on account of service in the Militia, State troops, or Volunteers, except the Militia of New Hampshire and the State troops of Virginia.
 1. Where and in what year were you born?  2. Have you any record of your age, and if so, where is it?  3. Where were you living when called into service; where have you lived since the Revolutionary war, and where do you now live?  4. How were you called into service; were you drafted, did you volunteer, or were you a substitute? And if a substitute, for whom?  5. State the names of some of the Regular Officers, who were with the troops, where you served; such Continental and Militia Regiments as you can recollect, and the general circumstances of your services.  6. { To a Soldier. } Did you ever receive a discharge from the service, and if so, by whom was it given and what has become of it? { To an Officer. } Did you ever receive a commission, and if so, by whom was it signed, and what has become of it?  7. State the names of persons to whom you are known in your present neighborhood, and who can testify as to your character for veracity, and their belief of your services as a soldier of the Revolution. 
The Court will see that he answers to these questions are embodied in the declaration, and they are requested to annex their opinions of the truth of the statement of the applicant.
The applicant will further produce in Court, if the same can be done, in the opinion of the Court, without too much expense and inconvenience to him, two respectable persons -one of whom should be the nearest clergyman, if one lives in the immediate vicinity of such applicant, who can testify, from their acquaintance with him, that they believe he is of the age he represents, and that he is reputed and believed in the neighborhood to have been a Revolutionary soldier, and that they concur in that opinion. If one of these persons is a Clergyman, the Court will so certify, and they will also certify, to the character and standing of other persons, giving such certificates.
The traditional evidence of service is deemed very important, in the absence of any direct proof, except the declaration of the party. And the Courts are requested to be very particular in the enquiry whether the belief is general, and whether any doubts have ever existed upon the subject.
Applicants unable to appear in Court by reason of bodily infirmity, may make the declaration before required, and submit to the examination, before a Judge or Justice of a Court of Record of the proper county, and the Judge or Justice will execute the duties, which the Court is herein requested to perform, and will also certify that the applicant cannot, from bodily infirmity, attend the Court.
Whenever any official act is required to be done by a Judge or Justice of a Court of Record, or by a Justice of the peace, the certificate of the Secretary of State or Territory, or of the proper Clerk of the Court or County, under his seal of office, will be annexed, stating that such person is a Judge or Justice of a Court of Record, or a Justice of the Peace, and that the signature annexed is his genuine signature.
No payments can be made on account of the services of any person, who may have died before the taking effect of the act of June 7, 1832; and in case of death subsequent thereto, and before the declaration herein required is made, the parties interested will transmit such evidence as they can procure, taken and authenticated before a Court of Record, showing the services of the deceased, the period of his death, the opinion of the neighborhood respecting such services, the title of the claimant, and the opinion of the Court upon the whole matter.
[a] The declarant must appear in open Court, unless prevented from doing so by reason of bodily infirmity; in which case the declarant will follow the rule laid down for his guidance.
[b] The declarant must make his declaration in the county where he resides. If he should fail to do so, he must assign a sufficient reason for not conforming to the rule.
[c] The age of the claimant must invariably be mentioned.
[d] The declarant must mention the period or periods of the war when he served.
[e] Every continental officer or soldier must give the name of the Colonel under whom he served; otherwise a satisfactory examination of the claim cannot be had. Every claimant must state, with precision, the length of his service, and the different grades in which he served, in language so definite as to enable the Department to determine to what amount of pension he is entitled. In a case where the applicant cannot, by reason of the loss of memory, state precisely how long he served, he should amend his declaration by making an affidavit in the following words:
"Personally appeared before me, the undersigned, a Justice of the Peace, &c. A. B. who, being duly sworn, deposeth and saith, that, by reason of old age, and the consequent loss of memory, he cannot swear positively as to the precise length of his service; but, according to the best of his recollection, he served not less than the periods mentioned below, and in the following grades:—For _____ year _____ months, and _____ days, I served as a _____. For _____ months and _____ days, I served as a _____; and for such service I claim a pension."
It is important, in all cases, to determine with precision the period for which each applicant served, and the particular rank he held, as the law directs the pension to be paid according to the grade of the pensioner and the length of his service. The use of the phrase about three or four months , is too indefinite, and all such qualifying expressions are objectionable. Some persons who apply for pensions merely state that they served two years in the militia, &c. without specifying the tours, the names of the officers, and other particulars respecting their service. This form of a declaration is highly objectionable. It must, in every case, be clearly shown under what officers the applicant served; the duration of each term of engagement; the particular place or places where the service was performed; that the applicant served with an embodied corps called into service by competent authority; that he was either in the field or in garrison; and for the time during which the service was performed, he was not employed in any civil pursuit.
[f] The law makes the relinquishment indispensable.
[g] The opinion of the Court is always required.
[h] The Clerk must give his certificate in every case.
[i] The Clerk must affix his seal, and if it has no device or inscription by which it can be distinguished from any other seal, or if he has no public seal of office, the certificate of a Member of Congress, proving the official character and signature of the certifying officer, should accompany the papers.
Mode of authenticating papers.
In every instance where the certificate of the certifying officer who authenticates the papers is not written on the same sheet of paper which contains the affidavit, or other papers authenticated, the certificate must be attached thereto by a piece of tape or narrow ribbon, the ends of which must pass under the seal of office of the certifying officer, so as to prevent any paper from being improperly attached to the certificate.
Proof of Service.
[j] In a case where the name of the applicant is not found on the records of the Department, he must prove his service by two credible witnesses, who are required to set forth in their affidavits the time of the claimant's entering the service, and the time and manner of his leaving the same, as well as the regiment, company, and line to which he belonged. The magistrate who may administer the oaths must certify to the credibility of the witnesses, and the official character and signature of the magistrate must be certified by the proper officer, under his seal of office.
[k] The notes from [a] to [i] are all equally applicable to the cases of Militia men, Volunteers and State Troops. The proof required by rule in note [j] applies to continental troops only.
[l] This traditional evidence is indispensable in militia cases.
[m] If a witness cannot be found, the declarant must state the fact.
[n] The answers to the interrogatories must all be written, and sent to the War Department, with the declaration.

87 3 34
Jesse Hays Connecticut
Adm for 2 years $80.
[Faint, large, illegible cursive signature or initials]
Leichfield Ct.
Nathan Preston, Clk Court. Leichfield Co Connecticut

DEPARTMENT OF THE INTERIOR,
Bureau of Pensions,
Washington, D. C.,
In reply to your request for a statement of the military history of Jesse Hays , a soldier of the REVOLUTIONARY WAR, you will find below the desired information as contained in his (or his widow's) application for pension on file in this Bureau.
   DATES OF ENLISTMENT OR APPOINTMENT. LENGTH OF SERVICE. RANK. OFFICERS UNDER WHOM SERVICE WAS RENDERED. STATE.   CAPTAIN. COLONEL.     Oct. 1. 76 6 mos. Pvt- Ozias Marvin — Conn.   Apl. 77 3 mos. Lawrence Thomas N.Y.   Sept. 77 3 mos. Jesse Bell Davenport Conn.   Apl. 78 5 mos. Jesse Truesdell Thomas N.Y.   Oct. 78 3 mos. Reuben Scofield David Canfield Conn.   Apl. 79 11 mos. Chapman, Lawrence David Phelps + Fancher Thomas + Crane N.Y.   Mch 80 9 mos. Richard Backet Weissenfels N.Y.   Feby. 81 2 mos. Brewer Burr N.Y.  
Battles engaged in,
Residence of soldier at enlistment, Lowber Salem, N.Y.
Date of application for pension, Sept. 8, 1932.
Residence at date of application, Woodbury, Conn.
Age at date of application, B. Sept 9. 1762. Lowber Salem, Massachusetts Co., N.Y.
Remarks:
Very respectfully,
[Grandfather John Benedict Father Thomas Hays M. B. H. June 13. 1907]
Commissioner.

✓ 15.168 INVALID.
File No. 15.168
Jesse Hayes Brn Rev War
Act: June 9 th 1832
Index:—Vol. 1 , Page 164
[Arrangement of 1870.]

Jan. 7/98 - History to Mrs - Geo. A. Middlebrook - Port Richmond - New York.
1906 Nov. 16. History to Mrs. W. H. Morrison letter in S. File 12,289 Asahel Bronson

Dec 27 1897 To the Department of the Interior, Bureau of Pensions
Will you give me all the information you can of one Jesse Hapes who served in the Revolutionary war and was among the list of pensioners from Woodbury Conn.
Very truly yours
RECEIVED DEC 27 1897 Jesse Hapes Middlebrook
Please address
Mrs. Geo. A. Middlebrook
Port Richmond
New York.

State of Connecticut
Probate Court District of Woodbury 15 July 1832
Be it remembered that on the said 15 Day of July 1832 personally appeared before said Court Enach Hayes of Woodbury whom the court certify to be a credible witness and being first duly cautioned and sworn on oath declares that he is the Brother of Esop Hayes of Woodbury being younger than said Esop. That he arrived in Norwalk in Connecticut in the year 1776 with his Grandfather John Benedict and well remembers a company of troops stationed there under the command of Ozias D r M r Marvin or Marvin and that said Esop Hayes was a Soldier in said company and often conversed with him he boarded a part of the time with my Grandfather Benedict and according to his best recollection said Esop continued to serve in said company six months. said Esop joined said company in the spring fall. This Deponent also saith that according to his best knowledge said Esop was in the army most of the time from 1776 to the close of the War. as he the Deponent was frequently at his father Thomas Hayes Mrs Salem and Esop was absent. and it was said by the family and generally understood Esop was in the army. This Deponent often heard of him in the army at different places.

In the year 1750 1760 this deponent was a private in Capt Olmstead's company and was stationed at North Castle. Capt Olmstead's company belonged to Col. Basil Bullock's Regiment. once while recruits that said Capt was at said North Castle forming as a private in Capt Lockett's company which company was at North Castle some days. This deponent conversed with said Capt many times during their stay there. This deponent remembers that said Capt joined Lockett's company in the Spring and left with the army & returned home in Dec r 1760.
Subscribed to me in the Ednah Hayes was a near friend
W. B. Phelps Judge of Probate District of Woodbury
87 34

Mar 12. 1842
cb
J. Hays
FREE
J. S. Edwards Esq
Commonwealth of Pennsylvania Washington City

Woolbury Conn
9 March 1842
J L Edmond Esq
Mr Hays is now a Revolutionary Pensioner under the act of 1832. at 80 dollars. His former dis- closure by his application in 1833 entitled him to a Pension of 96 Ds. per annum Samuel Hurdall of New York since performed the same service and takes under the act of 1838
Mr Hays desires information whether you have the power to enlarge the pension or if it is com- petent to apply under the act of 1838 after being placed on the Pension list under act '32?
I am ignorant of the peculiar powers of the Commissioner in the matter of your Pension.
Will you state to him or me whether such a claim is in any form admissible
Respectfully yours,
R. B. Phillips