Revolutionary War Pension and Bounty Land Warrant Application File W. 269, Robert Hayes, New Jersey

SERVICE
NUMBER
New Jersey
Hayes, Robert or Hays
W. 269
Eunice
CONTENTS

175 07 New Jersey Robert Hays of Essex, in the State of New Jersey who was a private in the Cont l commanded by Captain Hays of the Reg t commanded by Col Van Cottan in the N. V. line for 3 yrs
Inscribed on the Roll of New Jersey at the rate of 80 Dollars 50 Cents per annum, to commence on the 14th day of March, 1831.
Certificate of Pension issued the 23 day of Aug t 1831 and due to Mr. S. Benedict present
Arrears to the 14th of Mar ch  $160 Semi-ant. allowance ending 1 st Sep r  40 $200
Revolutionary Claim, for June 7, 1832. Recorded by J. C. Hays Clerk, Book E Vol. 2 , Page 115

New Jersey 339
Repeated
Eunice Hays
widow of Robert Hays
who was a Private
Capt Nichol N.J.
in the Revolution
Inscribed on the Roll at the rate of
80 Dollars
Cents per annum, to commence on the 4th day of March, 1843.
Certificate of Pension issued the 15 th day of June 1843 and sent to S. B. Miller, Esq.
Newark, New Jersey.
[Act of March 3, 1843.]
Recorded in Book A.
Vol. 1 Page 122

State of New-Jersey, Essex County } } } On this Sixteenth day of August A.D. 1832 Personally appeared in Open Court before the Judges of the Court of Common Pleas in and for the said County of Essex Now sitting Robert Hays A Resident of the Township of Newark in the County of Essex and State of New-Jersey Aged Seventyfive years on the Twentysecond day of June last past. - 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 seventh in the year of our Lord One thousand Eight hundred and thirtytwo.
That he entered the service of the United States as a private soldier in the Revolutionary war under the following named officers and served as a Militia man about Three years and six Months as herein after stated.
That he first entered the service in the year seventeen hundred and seventy six under Captain Josiah Beirson at the said Township of Newark and Marched to the city of New-York before the British army landed on Long Island under the command of Col. Coartland and served under his command about one Month. Served two Months under Captain Beirson. Five months under Capt. Robert Nichols. - Four months under Capt. Reeves. Five months under Capt. Isaac Gillan one Month under Capt. Lyon. one Month Capt. James Wheeler. Three Months under Capt. Speer. - one month under Capt. Jerusalem. Five Month under Capt. Elijah Squire. - one Month under Capt. Nathaniel Gomp as a horse paltral guard. Three months under

Capt. Sittell, One Month under Capt Israel Hedden. — Was Four month and one day a prisoner of War in the City of New-York — Which is all the time he served that he can particularly relate Was at the Battle of Monmouth in Capt. Lyons Company under the Command of — General Moxwell Marched from Newark to Boundbrook then to New- Brunswick and from thence to Monmouth. — Went to Staten Island in Capt. Nichols Company under the Command of General Salaven. Was at the skirmish with the Refugees at Second River now called Belville under the Command of Capt. Nichols. Was drafted and served in the Militia he thinks about Three years and six Months but the above stated Terms is all that he can recollect. — Was Born in the Township of Newark County of Essex and State of New-Jersey on the Twenty second day of June in Seventeen hundred and Fifty seven. Where he was Living when called into service and where he now lives. — has no documentary evidence in proof of his age or services. — Was Acquainted with Col. Aaron Ogden General Commanding Capt. Abraham Lyons Capt. Mires, Capt. David Lyon. Don't recollect the Continental Regiments or Companies with which he served Remembers that General Lee was at Monmouth. — Never received any discharge from the service. David Hays and Isaac Tichonor can certify to part of his services.
He hereby Relinquishes every claim whatever to any pension or annuity except the present and declares that his name is not on the pension roll of the agency of any State or Territory in the United States. Robert Hays

Sworn to and subscribed, the day and year of onesaid, in open Court
J. McElmuths Judge
We Baxter Dickinson a Clergyman Residing in the Township of Newark County of Essex and State of New-Jersey and Aaron Camp,
Presiding in the same place do hereby certify that we are well acquainted with Robert Hays who has subscribed and sworn to the above declaration that we believe him to be seventyfive years of age that he is Reported 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 _____ Baxter Dickinson day and year of onesaid, Aaron Camp in open Court
J. McElmuths Judge
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 Baxter Dickinson who has signed the preceding certificate is a Clergyman Resident in the Township of Newark and that
Aaron Camp
Who has also
of estate common by Captain Robert Nichols and

signed the same is President in the said County of Essex and one Credible persons and that their Statement is entitled to Credit. - August 15. 1832
Attest Judges Saml B. Miller - William Williams
I Elias Walbridge Jr Clerk of the Court of Common Pleas for and for the County of Essex do hereby certify that the foregoing contains the original proceeding of the said Court in the Matter of the application of Robert Hays for a pension. - In Testimony whereof I have hereunto set my hand and seal of office this - - - day of and that Abraham Reynolds Samuel Miller - & William Williams are each of them a Judge of said Court duly commissioned & sworn & that where their or either signatures appear upon the fore- -going papers that they are the genuine signatures of said Judges respectively, and that the signature of the said Samuel B Miller Judge to the annexed Affidavit is his genuine signature to the same for which credit are due & may be given to the offi- -cial acts of said Judges respectively.
In Testimony Whereof I have here unto set my hand & seal of Office this twentieth day of August A.D. Eighteen hundred and thirty two -
E. Walbridge Jr
Ms. A. 1. 6 v. 1 p. 20

State of New-Jersey,
Essex County ss
Be it known that on this Ninth day of August in the year of our Lord One Thousand Eight hundred and thirty-two. Personally appeared before me Samuel B. Miller one of the Judges of the Superior Court of Common Pleas in and for said County Isaac Tichnor and David Hays — of full age who being first duly sworn on their oaths deposeth and saith that they reside in the Township of Newark in the County and State aforesaid and are well acquainted with Robert Hays of the same place and believe him to be about seventyfive years of age and are well knowing to his being a soldier in the Revolutionary War — and the said Isaac Tichnor saith that he was in the same Company with the said Robert Hays under the Command of Major Hays in Capt. Mathias Lyons Comp., went together in Capt. Nichales Company and went to Staten Island to Storm the fort, under the Command of General Sallavan or General Maxwell not certain which and was in the service with the said Robert Hays as much as eight or nine months and the said David Smith Hays saith that he fully believes that the said Robert Hays was out in the united service in the Revolutionary War nearly three years, and is also knowing that he was in the Battle of Monmouth and a prisoner of War about four months in the City of New-York, and further saith not.
Sworn and subscribed this day and year aforesaid
Isaac Tichnor David Hays
Before me — S. B. Miller Judge

Samuel B. Miller before whom the within affidavit of Isaac Tichenor and David Hays was taken do hereby certify that I am well acquainted with the said Isaac Tichenor and David Hays and that their statement is entitled to full credit and belief Newark June 22 nd 1833
Sam d B. Miller
In addition to the above I do hereby certify that Isaac Tichenor and David Hays are both men of good moral character, truth, credibility, and entitled to belief, & are of sufficient age to know his services. August 13 th 1833
Sam d B. Miller

3
Robert Hays
No 6592.
Ms. A. 1. 1. 20 v. 11. No. 11. Schenk Ave

State of New Jersey Essex County ss } Personally appeared before me Samuel B. Miller a Justice of the peace in and for said County of Essex Robert Hays of the Township of Newark County of Essex and State of New Jersey Who being duly sworn on his oath deponeth and saith that he is the same Robert Hays who heretofore made a Declaration for a pension dated August the Sixteenth Eighteen hundred and Thirty two. — And that by reason of old age the great length of time and the consequent loss of memory he cannot swear positively as to the precise length or periods of the war when he served but according to the best of his recollection at this time he served as a drafted and private soldier in the Revolutionary war at the times and not less than the periods mentioned below. — That he first entered the service of the United States as a drafted soldier in said war at the Township of Newark in the County of Essex and State of New Jersey as stated in his said Declaration viz in the Month of July Nineteen hundred and Seventy six he was drafted in a company of Militia commanded by Captain Josiah Pierson and and Marched to the City of New-York under the command of Col. Von Courttland and done one Month duty Stationed at New-York and Newark — In the Months of September October and November of the same year done Two Months duty as a drafted soldier in the said Captain Pierson company of Militia Stationed at Newark under the command of Col. Von Courttland. — — — — —
In the year Nineteen hundred and Seventy seven in the Month of February he was again drafted in a company of Militia commanded by Captain Robert Nichols and

and done one  Month duty in the Month of April in the same year done one  Month duty in said Capt. Nichols company - And in the Month of August the same year done one  Month duty under the said Captain Nichols - The same year in the Months of October and November done one  Month duty under the command of Capt. James Wheeler - Stationed the whole time at Nework under the command of Major Hays and Col. Von Caution.
In the Month of January Seventeen hundred and Seventy-eight he was again drafted in a company of Militia commanded by Capt. Elijah Squire and done one  Month duty In April and May done one  Month duty under Capt. Squire. - In the Months of July & August done one  Month duty under Capt. Squire. In October done one  Month duty under Capt. Isaac Gillon in November and December done one  Month duty under Capt. Nichols. Stationed at Nework and between Brown-ick and Hackensack along the enemies lines under the command of Col. Von Caution & Major Hays.
In the Month of January Seventeen hundred and Seventy-nine he was again drafted and done one  Month duty under Capt. Ezra H. Hadden - In the Month of March done one  Month duty under Capt. Preeves in the Month of May done one  Month duty under Capt. Isaac Gillon - In the Month of August done one  Month duty under the said Capt. Gillon and in October one  Month under Capt. Squire and in November and December done one  Month duty under Capt. Squire. Stationed at Elizabeth Town Point & Nework - Under the command of Col. Von Caution & Major Hays.
In the year Seventeen Hundred and Eighty in the Month of January and February done two  Months

Note = The above information was taken from the 26th of May 1788 & was acknowledged by the soldier the same day.
duty under Capt Nathaniel Comp as a horse patrol guard Stationed at Nework. — In the Month of May the same year was taken a prisoner and confined in the Sugar house in New York Four Months & one day and after returning home done one Month duty under Capt Gillam. Station at Nework and Woodbridge under the Command of Von Cauntland & Hays.
In the year Seventeen hundred and Eighty one he was again Drafted and done one Month duty in the Months of January & February under Capt Jerolomon and in the Months of May & June done one Month duty under Capt. Sittell. In September done one Month more under Capt Sittell. and in November one Month under Capt. Gillam. Stationed at Nework under the Command of Col Von Cauntland & Hays Making his whole service as a private soldier in the Militia Two years Three Months and one day for which service he claims a pension. — That the service herein stated to have been performed by him in the war of the Revolution was Bonafide and actually rendered. — That he was duly called out with his company and actually Stationed at the different places mentioned in this and his original declaration during military duty all that time. — And for the time during which the said service was performed he was not employed in any civil service. — As for the officers he was acquainted with & knew the Moncher Pottels and Shermishes he was in and for other particulars he refers to his original declaration herein before mentioned. —
As to the Interrogatories prescribed by the war department To the first he saith that he was Born in the Township of Nework County of Essex and State of New Jersey on the 22 day of June 1734 2 nd he has a record of his age now in his possession B Resided in the Township of New-ark when first called

into Service and has always resided in said place
4 th was a Drafted Soldier
5 th In addition to those mentioned in his said Declaration he knew General Dickerson General Wynn. General Sullivan General Lord Sterling Major Medden Capt Hollingshed Col Tallant.
6 Never received any written discharge
7 — H on J. Fineloughson H on Silas Condit L. Orde Morrell of the State — W m Tuttle. Dist John Condit Esq.
Sworn to and subscribed at Newark in said County this Twenty second day of June A. D. 1833
Robert Hays
before me — Saml B. Miller Justice of the Peace
I Samuel B. Miller before whom the above affidavit of Robert Hays was taken do hereby certify that he is entitled to full credit and belief Newark June 22 nd 1833. Saml B. Miller
State of New Jersey County of Essex
ss: I Elias Van Arsdale Junior Clerk of the Inferior Court of Common Pleas in & for said County of Essex do hereby certify that Samuel B. Miller Esquire before whom the foregoing affidavit of Robert Hays was made taken, at the time of taking the same was & still is a Justice of the peace for said County residing therein duly commissioned and sworn: and that the signature "Saml B. Miller" affixed to said affidavit & the certificate signature thereunder written is her proper handwriting In Testimony Whereof I have hereunto set my hand & the seal of said Court at Newark the Twenty fourth day of June A D Eighteen hundred & thirty three
E. M. [unclear] Clerk

Polio Van Housdale June 12th of the Superior Court of Common Pleas in and for said County of Erie in the State of New-York do hereby certify that the foregoing contains the original proceedings of the said Court in the matter of the application of the Widow Eunice Hays for a pension.
In testimony whereof I have hereunto set my hand and seal of office this Twentieth — day of October In the year of our Lord one thousand eight hundred and thirtyeight
John Van Housdale
Declaration & Evidence of the Widow Eunice Hays for a Pension under the act of July 7 th 1830.
Paid

Declaration
In Order to Obtain the Benefit of the act of Congress of the 7 th July 1830. Entitled an act granting half pay and Pension to certain Widows.
State of New Jersey,
Essex County, — ss On this Twentieth day of October in the
Year of our Lord one thousand Eight hundred and thirty-eight Personally appeared Before the Judges of the Inferior Court of Common Pleas In and for Said County, Eunice Hays A President of the County and State aforesaid, Aged Seventyone years Last December. — Who being first duly sworn according to law doth on her oath, Make the following Declaration in Order to Obtain the benefit of the provision made by the act of Congress passed July 7 th 1830. Entitled an act granting half pay and Pension to certain Widows that she is the Widow of Robert Hays Late of the County of Essex and State of New Jersey deceased. Who was a private Soldier in the New Jersey Militia and a Pensioner under the act of Congress, passed June 7 th 1832. at the rate of Eight Dollars Six annu. And placed on the Pension Roll on or about the 23 rd day of August 1833. — And the said Eunice Hays further Declares that she was Married to the said Robert Hays on the Twenty second day of June In the Year of our Lord one Thousand Seven hundred and Eighty six, by the Rev d Alex d McWhorter then Pastor of the First Presbyterian Church at Newark in Said County. — And that her husband the aforesaid Robert Hays died on the Fourteenth day of April Eighteen hundred and thirty five at his residence in Said County.
That she was not Married to him Prior to his leaving the Service. But the Marriage took place previous to the First day of January Seventeen hundred and Ninety four being at the time above stated. — And that she has no Documentary evidence except the Family record herewith annexed.
Sworn to and subscribed on the day and Year above written Before the said Court (Eunice Hays
E. M. Liddle Clerk

Family Record.
Marriages.
Marriages.
Robert Hayes was Married to Eunice Johnson June 22: 1786.
John D. Hayes was Married to Elizabeth Osborn June June the 24 1815 saturday night
Joseph Kent was Married to Catharine Hayes January the 11 1818 saturday night
Joseph Hayes was Married to Mary Harrison January the 6 1821 saturday night
Jonas Todd married to Sally Hayes March 29 1821 thursday night

Family Record.
Deaths.
Julia P. Hayes died October 13. 1825
Betsy Hayes died October 21. 1828
Sally Woodd died December 1 st 1828
Robert Hayes died April 14 th 1835

Family Record.
Births.
Robert Hayes was born June 22: 1757. Eunice Hayes was Born December 11: 1767. Betsey Hayes was Born July 15: 1787. Cathy Hayes was Born February 24: 1799. John D. Hayes was Born March 20: 1794. Joseph Hayes was Born May 31: 1797. Sally P. Hayes was Born September 12: 1799. Phebe C. Hayes was Born September 4: 1802.
Births.
Julia P. Hayes was Born February 24: 1804. Lucinda Hayes was Born September 19 1808 Lucinda Hayes Robert James Hayes was born Sunday October the 23. 1815 Wickliffe Ogden was born on Thursday June the 25 1818 Alexander P. Ogden was born November Mary Kelley Hunt was born Dec 21 1818

6592
Robert Hays
adm d
d.c.f.
Hon L. Condick

WAR DEPARTMENT,
Pension Office,
20 June 1833
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 Robert 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.     July 1776 - 3 - Private Col. Boncourton 76 Deed of Sishenor &   1777 - 4 - Do Major Hays & Do this day David Hays —   1778 - 5 - Do Do Do Newark his own declaration   1779 - 6 - Do Do Do Essex and the Supplemental   1780 - 7 1 Do Do Do County Affidavit   1781 - 8 - Do Do Do New Jersey   Whole 2 5 1  
I am, respectfully,
Your obedient servant,
J. L. EDWARDS, Commissioner of Pensions.
It is desired that witnesses should specify in their declaration the service they can prove. It cannot be admitted that the length of service is not susceptible of proof.

 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 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 _____, 19____.
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.
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, (1) 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 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 time, 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 time 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.

269 Rev WIDOW, &c.
File No. _____
Eunice Hays, Widow. Robert Hays, Priv. Rev. War.
Act: March 3. 1843.
Index:—Vol. A , Page 300
[Arrangement of 1870.]

New Jersey
Robert Hays on roll Oct 1832 at the rate of $80 per Ann. to what time paid? N L
John Hays Esq.
Not in roll since Apr 1835
Died 14 th April 1835 p st to that period J H

New Jersey 3186
Eunice Hays widow of Robert Hays,
who was a pensioner under the Act of 7. June 1832 and who died on the 14. April 1835 of Essex Co. in the State of N. Jersey who was a Private in the company commanded by Captain Hays, of the Reg't commanded by Col. Van Cortland in the N. Jersey mid. time for 2 years
Inscribed on the Roll of N. Jersey at the rate of 80 Dollars — Cents per annum, to commence on the 4th day of March, 1836.
Certificate of Pension issued the 12 th day of June 1839 and sent to S. B. Miller
Arrears to the 4th of March '39 240.00 Semi-annual allowance ending 4 Sept. "39 40.00 $280.00
{ Act July 7, } 1838. }
Recorded by D. Brown Clerk Book A. Vol. 2 — Page 125

Newark New Jersey December 7 th 1830.
J. S. Edwards Esq.
Sir I herewith enclose to you the Declaration and Evidence of the Widow Eunice Hays for a Pension under the act of Congress of July 9 th 1828. — Your attention to the same in due time will much oblige yours.
With the highest respect I remain yours &c.
Sam l B. Miller

nom d
24. mo. pri
80#

State of New Jersey, Essex County ss. Personally appeared before me the under signed a Justice of the peace in and for said County of Essex Robert Hays a Man of Truth and Credibility. Who being duly sworn deposeth and saith that he is the same Robert Hays that heretofore made a declaration for a pension dated the Sixteenth day of August 1832 - and Supplemental affidavit dated on the 22 nd day of June 1833. And that the Services stated to have been rendered by him in his said Declaration and Supplemental affidavit in the year 1776. was Benefited and actually rendered Viz Three monthly Tours of one month each as a Drafte d private Soldier in Captain Josiah Beersens Company of Militia Stationed at New-York and two Months Stationed at Newark at the times stated in his said Supplemental affidavit under the Command of Colonel Van Courtland.
And he further saith that the Services stated to have been done by him in his said Supplemental affidavit was actually done and rendered as therein stated Viz in Four Monthly Tours of one month each in the year 1777. Being drafted in a Company of Militia Commanded by Capt n Robert Nichols and done Three Month duty that year at the times stated in his said affidavit under the said Captain Nichols and one Month duty at the same time in stated under Captain James Wheler being closed and transferred to the said Wheler Command Stationed as therein stated all the time under the Command of Col l Van Courtland and Major Hays.
And this deponent further saith that in the year 1778. he still resided within the Bounds and was attached to the Company of Militia Commanded by Captain Robert Nichols although he stated in his Supplemental

affidavit that he was drafted in a Company of Artillery Commanded by Captain Elijah Squire. he swears to day by that. That he done duty under the said Captain Squire as a drafted soldier as the Men were generally ordered out by the Sergeants of the Company's knew not who was to command until they met at the Station alloted and it frequently happened that the men done more duty under other Captains than under their own Captain and it might and did happen that a certain Class might not be commanded by his own regular Captain in the course of the whole year. — And he now saith that the services stated to have been done by him in his said Supplemental affidavit in the year 1779 was Benefic d and actually done and rendered as therein stated viz in five 5 Monthly Tours of one month each at the times Stationed and under the officers therein named and set down to the best of his recollection and belief.
And he further saith that the services stated to have been done by him in his said Supplemental affidavit in the year 1779 was Benefic d and actually done and rendered by him as therein stated viz in 6 Six Monthly Tours of one Month each he beginning out as much as every other month through the whole year Stationed and Commanded as therein stated and for all that time in actual service.
And this deponent further saith that the services stated to have been done by him in his said Supplemental affidavit in the year 1780 was Benefic d and actually done and rendered by as stated in his said affidavit under the officers Stationed and Commanded previously as therein stated. — And at the time he was taken a prisoner of War (viz on the 26 th day of May 1780) he was out on duty under Capt Robert Nicholas in actual service in his Regular Tour of duty and was actually confined as a prisoner of

until the 27 th of September in the same year making Four Months and one day at the time he was exchanged. And he further saith that the service stated to have been done by him in his said affidavit was beneficial and actually done and rendered as therein stated in the year 1861. Viz in four monthly terms of one month each at the times and under the officers therein named stationed and commanded as therein set down and specified.
And this deponent further that he was frequently out at alarms and when the Militia was called out in Mass that is not set down nor specified in his said Declaration nor Supplemental affidavit which would if put together amount to several months service.
And this deponent further saith that he has produced the Best evidence in his power and that he knows of no other living witness at this time except those he has produced that can testify to his services.
For all other particulars he refers to his original Declaration and Supplemental affidavit Sworn to and subscribed at Newark in said County } Robert Hayes this 15 th day of August } A. D. 1873 before me }
Samuel B. Miller Justice of the peace
State of New Jersey County of Essex } ss. I Elias Van Arsdale Junior Clerk of the Inferior Court of Common Pleas in & for said County of Essex do hereby certify that Samuel B. Miller before whom the foregoing affidavit of Robert Hayes

a Justice of the peace for said County duly Commissioned and sworn That the name "Sam l B. Miller" subscribed to said affidavit is his genuine Signature —
In Testimony Whereof I have hereunto set my hand and the seal of said Court at Newark the fourteenth day of August A D Eighteen hundred and thirty three. (1833)
E. Van Arsdale J. C. C.

1063
Wm Junius Way Declaration under the Act of Congress of March 3 rd 1843. —————
$80 per an
Send cert. to Sam l B. Miller Newark New Jersey.

Declaration
In order to Obtain the Benefits of the act of Congress of the 3 rd March 1843. granting Pensions for One Year to certain Widows Who have Received pension under the act of July 7 th 1830.
State of New Jersey
Essex County } ss On this Seventh day of April One Thousand Eight hundred and Forty three, Personally appeared before the Subscriber, One of the Judges of the Inferior Court of Common pleas In and for said County. Eunice Hays, A President of the Township of Clinton in the County of Essex and State of New Jersey, Aged Seventy five 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 provision Made by the act of Congress, passed on the 3 rd of March 1843. granting Pensions to widows of Persons who served during the, Revolutionary war That she is the Widow of Robert Hays deceased, Who was a private Soldier In the New Jersey Militia and Served under Capt. Joseph Pierson Capt. Robert Nichols and others in Colonel Von Courtlands Regiment. And the said Eunice Hays Further declares that she Received a pension from the United States of Eighty dollars Per Annum under the act of July 7 th 1830. And that she further declares she is still a Widow.
Sworn to and subscribed on the day and year Above written Before me { Eunice Hays
Sam l B. Miller. Judge of Common pleas.
And I do hereby Certify that the Declarant in the foregoing Declaration named is Personally known to me to be the Identical person Who Received the above mentioned pension from the United States.
April 7 th 1843
Sam l B. Miller Judge of Common pleas

State of New Jersey County of Essex
ss. I John P Jackson Clerk of the Court of and of the Inferior Court of Common Pleas for said County Essex do hereby certify that Samuel B. Miller before
whom the annexed affidavit of Eunice Hays was made and taken, at the time of taking the same was and still is one of the Judges of said Court, duly commissioned and sworn, and that the signatures "Sam d B Miller" to the Jurat of said affidavit & the Certificate thereunder written, respectively are genuine —
In Testimony whereof I have hereunto set my hand and Official Seal at Newark in said County the Eighth day of May A D Eighteen hundred and forty three —
Note an interlineation between first & second lines —
J P Jackson Clk

Rec d A. D. Coldy

State of New-Jersey,
Essex County. — I personally appeared before me Samuel B.
Miller A. Justice of the peace In and for said County the Rev d Ansel D. Eddy, A Respectable Clergyman residing at Newark In the County and State aforesaid. — Who being by me duly sworn on his oath saith that he is thirty nine years of age; That he has been the regularly Installed Pastor of the First Presbyterian Church in the City of Newark In said County from August Eighteen hundred and Thirtyseven, to the present time, which is the same Church over which the Rev d Doct Alexander M c Whorter was Minister from the year Seventeen hundred, Sixtyfour to the year Eighteen hundred and Seven. And there is not to his knowledge remaining any Record of Marriages Solemnized by him  the said Rev d M c Whorter during the said time of his Ministry in said Church. — And further saith not. Sworn to and subscribed at Newark
In said County this 29 th day of A. D. 1887 September A. D. 1887. before me
Sam l B. Miller Justice of the peace

Mr Joseph Hays

In the Matter of the application of the Widow Eunice Hays for a pension under the act of Congress of July 7 th 1830.
State of New-Jersey, Essex County - - - ss. Personally appeared before me Samuel H. Miller, A Justice of the peace in and for said County Joseph Hays a respectable person residing in the County and State aforesaid & known to me to be Entitled to Credit as a Witness. And being by me duly sworn on his oath saith that he is fortyone years of age, and is the son of Robert and Eunice Hays. And that the Lease which is herunto Annexed purporting to be a Family Record, of the ages of Robert Hays and Eunice Hays - formerly Eunice Johnson, his said Father and Mother. The Marriage of the said Robert Hays to the said Eunice Johnson and the Births of their Children and a part of the Births of their Grandchildren. This deponent saith was taken by his one hand from an Ancient Family Bible which has been long in the possession of his said Father and Mother and is now the property of the said Eunice Hays my said Mother. And that part containing the age and Marriage of his said Father and Mother and the Births of their Children is In the proper hand writing of his Father the said Robert Hays deceased. And this deponent further saith that he has known the printable part of said Record for more than thirty years past, past, and always believes the same to be a true Record of all therein stated. and this deponent further saith that his Father the said Robert Hays was a Pensioner of the United States at the time of his death and died at his residence in said County of Essex on the Fourteenth day of April In the year of our Lord One Thousand Eight hundred and thirtyfive. - And has left a Widow named Eunice Hays. Who is still living in the said County of Essex

That and her Premised a Widow and unmarried ever since the death of her said husband and is at present seventy one years of age and the same person named on said Record. And further saith not.
Sworn to and subscribed at Newark
In said County of Essex this Fifth
day of December A. D. 1880
Before me,
Joseph Hayes
Sam B. Miller - Justice of the peace

In the Matter of the application of the Widow Eunice Hays for a pension under the act of Congress of July 7 th 1830.
State of New Jersey
Essex County - S d Personally appeared before me
Samuel B. Miller a Justice of the peace in and for said County David Hays A Respectable person Residing in the County of Essex and State of New Jersey And known to me to be entitled to credit as a Witness and being by me dully Affirmed he being conscien- -tiously scrupulous of taking an oath. Doth on his solemn Affirmation depose and say, that he is about four years of age and is the Brother of Robert Hays late of the County of Essex and State of New Jersey deceased and the Seals hereunto attached are true copies taken from the Old Family Bible which was the property of his said Brother and that part of said Record containing the age of the said Robert Hays and Eunice Hays formerly Eunice Johnson is in the hand writing of his said Brother, which he knows by seeing him write And the said deponent further saith that the said Robert Hays and Eunice his wife always Resided together as Husband and wife and Resided so to be until the death of the said Robert Hays who died in the Month of April Eighteen hundred and thirty five at his residence in said County of Essex. And has left a Widow Named Eunice Hays, Who is still Living in said County of Essex and has Remained a Widow and unmarried ever since the death of her said husband. - And that he Verally believes the said to be a true Record of the family for all therein stated and further saith not.
Affirmed to and subscribed at Newark in David Hays said County this 1 st day of December A.D. 1830
Before me - Sam d B. Miller Justice of the peace.

Mr Davis J. Hays
State of New Jersey } County of Essex }
ss. I Elias Van Arsdale Junr. Clerk of the County of Essex & of the Inferior Court of Common Pleas in & for said County do hereby certify That Samuel B. Miller before whom the annexed affidavits of Ansel D. Eddy, Joseph Hayes & Daria Hayes were severally made & taken, at the time of taking the same, was and still is one of the Justices of the Peace in and for said County duly commissioned and sworn; and that the signature "Sam d B. Miller" affixed to the Jurats of said affidavits respectively are genuine —
In Testimony Whereof I have hereunto set my hand and seal of Office at Newark in said County the Seventh day of December A.D. Eighteen hundred and thirty eight —
E. Van Arsdale J. Clerk

3186
3751
Declaration and Evidence of the Widow Pamela Hays - for a pension under the act of Congress of July 7 th 1836.
No 25 June 1836 A.D. 1836
Admitted Private 2 years
Saml H. Miller Newark New Jersey