Revolutionary War Pension and Bounty Land Warrant Application File S. 10,780, James Hayes, Mass.

SERVICE
Mass.
Hayes, James
NUMBER.
S. 10780
carded.
CONTENTS

2425-
New Hampshire
James Harkes
of Charlestown in the State of N H who was a Lieut 5 in the Company commanded by Captain [blank] of the Reg t commanded by Col Foster in the N H line for 16. (May 15 Days)
* Mass. Line.
Apr. 22, 1905 Records corrected for
Inscribed on the Roll of N H at the rate of 139 Dollars 49 Cents per annum to commence on the 4th day of March, 1831.
Certificate of Pension issued the 27 th day of Nov r 1852 and, Lieut Col H Hubbard Charlestown N H
  Arrears to 4th of Sept 1832  $209.98    Permisant. allowance ending 4 th Mar 33  69.99     $279.97  
{ Revolutionary Claim, } { Not June 7, 1832. }
Recorded by J. H. Harkes Clerk Book D - Vol. 125 Page 160.

Dear
Lt. to J. J. Gilchrist, & Pen. Agent, April. 18, 1837.
Letter to Hon. H. Hubbard & 3 Anderton 9 th Jan y 1839.
Paid at the Post Office under the act of the 6 April 1838 from 4 March 1835 to 11. June 1835 after Notified 15 Jan y 1839
Died June 11, 1835 (or earlier)

No 8054
James Hays.

DECLARATION.
In order to obtain the benefit of the Act of Congress, passed June 7, 1832.
State of New-Hampshire, } ss. County of Sullivan. }
On this seventh day of September 1832, personally appeared in open Court, before the Judge of the Court of Probate, now sitting, James Hayes a resident of Charlestown in the County of Sullivan and State of N. H. aged 82 years, who being first duly sworn according to law, doth on his oath make the following declaration, in order to obtain the benefit of the Act of Congress, passed June 7, 1832.
That he entered the service of the United States under the following named officers and served as herein stated
That on the 4th of January 1776 he entered the company stationed at Gloucester Massachusetts for the defence of the seacoast, commanded by Captain William Pearson in Col. Joseph Folsom's Regiment, and did duty as a second lieutenant in said company at various places on the coast until November 18 1776, as appears by the accompanying certificate of Edward D. Bangs, Secretary of the State of Massachusetts, and the depositions of Caleb Lane and Jonathan Robinson. Declarant further states that in the year 1830 his commission as a 2 d Lieutenant, with other papers relating to his services as a soldier of the Revolution were burned in Gloucester aforesaid. Declarant further states that he was born in Watford in Ireland in 1750. He has a record of his age in his Bible. When he joined the service he lived in Gloucester aforesaid. He joined the service as a volunteer. He is known to George H. Ingersoll and James Gilchrist who can make the requisite certificates.
He hereby relinquishes every claim whatever to a pension or annuity except the present, and declares that his name is not on the Pension Roll of the Agency of any State,
Sworn to and subscribed, the day of year aforesaid
James Hayes
We, George H. Ingersoll residing in Charlestown and James Gilchrist residing in Charlestown hereby certify, that we are well acquainted with
James Hayes , who has subscribed and sworn to the above obligation; that we believe him to be 82 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 of year aforesaid
George H. Ingersoll James Gilchrist Frederick A. Sumner Judge of Probate
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 certifies, that it appears to them that George H. Ingersoll who has signed the preceding certificate, is a resident in the Charlestown and that James Gilchrist , who has also signed the same is a resident in the Charlestown and are credible persons, and that their statement is entitled to credit.
Frederick A. Sumner Judge of Probate
I, Frederick A. Sumner Judge of Probate Clerk of the Court of Probate do hereby certify that the foregoing contains the original proceedings of the said Court, in the matter of the application of James Hayes for a pension.
In testimony whereof, I have hereunto set my hand and seal of office, this 7th day of September 1832
Frederick A. Sumner Judge of Probate

Commonwealth of Massachusetts.
Secretary's Office, August 17 1832.
I hereby Certify, That, from an examination of the Books and Documents, relating to Military Services in the War of the Revolution, which remain in this Department, it appears that the name of James Hays is borne on four several Rolls of "the Company stationed at Gloucester for the defence of the Seacoast commanded by Capt. William Pearson", as Second Lieutenant of said Company, and said Rolls prove his service as Second Lieutenant from January 4 1776 to November 18 1776 both days inclusive.
Edward D. Dangs. (con)

We Caleb Lane, aged 73 years and Jonathan Robinson aged 72 years, both of Gloucester in the County of Essex and State of Massachusetts, on oath testify, that we served as privates in Capt. William Pearson's company in Col. Joseph Foster's Regiment of Massachusetts State troops from 18 January to 18 November, 1776, stationed at said Gloucester for the defence of the sea coast. During all which time James Hayes, then a resident in said Gloucester and now in Charlestown, New Hampshire, served as second Lieutenant in said company; that we have been acquainted with him in Gloucester long since the Revolutionary war and until his residing in Charlestown, N.H. which may be 10 or 12 years.
Jonathan Robinson Caleb Lane
Commonwealth of Massachusetts Essex, ss.
On this twenty second day of August, 1832, before me William Ferson, Notary Public, by legal authority admitted and sworn, and dwelling in Gloucester in said County, personally came Caleb Lane and Jonathan Robinson above named, who subscribed and made oath to the foregoing statement. And I certify that said Lane and Robinson are credible persons and their statement entitled to credit.
Witness my hand and Notarial Seal at Gloucester the day and year aforesaid.
William Ferson, Not y Public

No 8054 James Hayes— Scent 10 Mo & 15 days
Wm H Hubba Charleston N H

No 8054
BRIEF in the case of James Hayes  of Charlestown in the State of New Hampshire  (Act 7th June, 1832.)
 1. Was the declaration made before a Court or a Judge? open court  2. If before a Judge, does it appear that the applicant is disabled by bodily infirmity?  3. How old is he? 82  4. State his service, as directed in the form annexed. 
   Period. Duration of Service. Rank. Names of General and Field Officers under whom he served.   Years, Months, Days. As a Gen.     In 1776 Jany 4 — 10 14 2 d Lieut. Col Pearson Col Foster  
 5. In what battles was he engaged? none  6. Where did he reside when he entered the service? Gloucester, Mass s  7. Is his statement supported by living witnesses, by documentary proof, by traditional evidence, by incidental evidence, or by the rolls? Traditional (not a clergyman) - Certificate of the Secretary of the Commonwealth of Mass s - Two living witnesses - certified to be credible  8. Are the papers defective as to form or authentication? and if so, in what respect? Declaration authenticated by the Judge of Probate - his Seal having no device - Living witnesses - by a notary Public under his Seal 
I certify that the foregoing statement and the answers agree with the evidence in the case above mentioned.
Sam d P. Pillsbury Examining Clerk.

Rev War
10.780 ✓ INVALID.
File No. 10.780
James Hayes Dr Rev. War
Act: June 7 th 1832
Index:—Vol. A , Page 163
[Arrangement of 1870.]

BRIEF objections to the admission of Pension Claims, of which those answered in the negative, in red ink, will apply to the claim of James Hayes which require further proof or explanation.
I. Does the declaration show where the applicant resides? yes II. Did the declarant make the declaration in the county where he resides? yes III. If the applicant did not make the declaration in the county where he resides, is there any reason assigned for his not doing so? IV. Has the declarant mentioned the period or periods of the war when he served? yes V. * Has he mentioned with precision the length of his service, and the different grades in which he served, in language so definite as to enable the department to determine to what amount of pension he is entitled? yes VI. Has he given the names of the officers under whom he served, in conformity with the regulations? yes VII. Has he made a relinquishment of every claim to any other pension than the one under the Act of June 7, 1832? yes VIII. Has the Court given their opinion? yes IX. Has the Clerk given his certificate? - Declaration certified by the Judge of Probate X. Is the Clerk's seal affixed? And if so, has it a device or inscription by which it can be distinguished from any other seal? - seal of the Judge of Probate, without a device

XI. Has the applicant obtained the evidence of a clergyman and another respectable citizen as to their belief respecting his age and the general belief in his neighborhood relative to his revolutionary service? Two witness certificate to be credible neither a clergyman XII. If the clergyman's affidavit has not been produced, is there any reason assigned for not obtaining it? no XIII. If the applicant has no documentary evidence, and has not obtained the testimony of at least one living witness, has he stated in his declaration that such proof cannot be had? Has produced the certificate of the Secretary of the Commonwealth of Mass XIV. If the applicant has produced a witness or witnesses as to his service, has the magistrate who administered the oath certified that he, she, or they are persons of credibility? yes Has the official character and signature of the magistrate been certified by the proper officer under his seal of office? certified by a Notary Public under his proper seal XV. Does it appear from any of the papers that the witness was in such a situation, or of such an age, as to have a personal knowledge of the applicant's service? yes XVI. Are the papers authenticated as the regulations direct? Quere? XVII. Are the seven interrogatories prescribed by the War Department answered satisfactorily? And, if not, which of them is not so answered?
EXPLANATORY NOTES.
* QUERE V. In a case where the applicant cannot, by reason of the loss of memory, state precisely how long he served, he should amend his declaration by making an affidavit in the following words:
"Personally appeared before me, the undersigned, a Justice of the Peace, &c. A. B. who, being duly sworn, deposeth and saith, that, by reason of old age, and the consequent loss of memory, he cannot swear positively as to the precise length of his service, but according to the best of his recollection he served not less than the periods mentioned below, and in the following grades: For _____ year _____ months and _____ days, I served as a _____. For _____ months and _____ days, I served as a _____; and for such service I claim a pension."

It is important in all cases to determine with precision the period for which the 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.
QUERE XIV.  Proof of Service.
In a case where the name of the applicant is not found on the records of the Department, he must prove his service by two credible witnesses, who are required to set forth in their affidavits the time of the claimants entering the service, and the time and manner of his leaving the same, as well as the regiment, company, and line to which he belonged. The magistrate who may administer the oaths must certify to the credibility of the witnesses, and the official character and signature of the magistrate must be certified by the proper officer, under his seal of office.
QUERE XVI.  Mode of authenticating papers.
In every instance where the certificate of the certifying officer who authenticated the papers is not written on the same sheet of paper which contains the affidavit, or other paper authenticated, the certificate must be attached thereto by a piece of tape or narrow ribbon, the end 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.

For H. Hubbard
Col Harry H. Sylvester City of Washington D.C.
H.H.S.
Rev. B. A. Smith Pioneer Church 120 Hays

TREASURY DEPARTMENT.
Second Comptroller's Office,
January 12 th , 1839.
Sir:
Under the act of the 6th of April, 1833 entitled "An act directing the transfer of money remaining unclaimed by certain Pensioners, and authorizing the payment of the same at the Treasury of the United States," the children of James Hayes, — a Pensioner on the Roll of the Concord, N. Hamp., Agency, at the rate of One hundred thirty nine Dollars and ninety nine Cents per annum, under the law of the 7 th June, 1832, has been paid at this Department, from the 4 th of March, 1835, to the 11 th June, 1835.
Respectfully, yours,
William B. Parsons Comptroller.
To the Commissioner of Pensions, Present.

Charlestown N.H.
Sept r 13 th 1832
This may certify that I am well acquainted with James Weyers of this town - who have been their acquaintances with him for many years past. He is a man of unswerving character for truth and uprightness. - I should place entire reliance on his representations.
Henry Burrough
Member of Congregational Church
N.H.

(Ans. Apl. 18, 1837)
Charlestown 13 April, 1837.
Dear Sir,
I enclose you the papers relating to the Pensions of James Hayes, and Roswell Clapp. If you will attend to them for me, and will see the Commr. or Mr Parris, or whoever the proper person may be, you will much oblige me. There appear to be some omissions in the papers of James Hayes - but I suppose they would be overlooked, and an order given to the Agent at Concord to pay the amount due, when it is ascertained that the amt is small, that the Pensioner is dead, and the different heirs reside so far from this place, & from each other. My object in sending them, is to procure, such an order.
of Roswell Clapp (Ans.) S. G. Peabody (Balance filed with papers)