Revolutionary War Pension and Bounty Land Warrant Application File S. 16407, George S Hayes, N.H.

SERVICE
NUMBER
N 16.
Hayes, George S.
S. 16407
cardid
CONTENTS

1843.
New Hampshire
George S. Hayes
of Rochester in the State of N H who was a Private in the Company commanded by Captain [blank] of the [blank] commanded by Col. Wingate in the N H line for 10 Days 14 Ds
Inscribed on the Roll of N H at the rate of 24 Dollars 88 Cents per annum to commence on the 4th day of March, 1831.
Certificate of Pension issued the 12 th day of Nov 1832 and sent to Eastman Farmington N H
Arrears to 4th of Sept 1832 $ 52.32 Semi-annual allowance ending 4 Mar 33. 17.44 $ 69.76
To Hubbardston
July 7. 1832
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded by J. H. Blair Clerk.
Book D. Vol. 1 st Page 160.

George D. ...
10.168

DECLARATION.
In order to obtain the benefit of the Act of Congress of the 7th of June, 1832.
State of New-Hampshire, } ss. At a Probate Court held at County of Strafford } Rochester in said County
On this 16 teenth day of Sept. I personally appeared before the Judges of the Probate Court George I. Hays a resident of Rochester in the County of Strafford and State of New-Hampshire, aged 71 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 1775 with Capt John Brewster and served in the militia  regiment of the New-Hampshire line , under the following named officers: Col. Joshua Wingate , Capt John Brewster , Lieut. Paul Nute , marched to Portsmouth and there passed muster, was stationed at Great Island now called New Castle - I enlisted for two months and faithfully served out the time of my enlistment. I further testify and say that in July 1776 I enlisted with Capt John Drew ; Lieut Samuel Capps  Lieut Daniel McNeal & Ensign John Davis , in Col. Wimmer's Reg. for five months passed muster at Dover, marched through Concord & No. (so called) in N.H. & Rutland Mt. Otter Creek Vt. and thence to Lake Champlain and was stationed at Mount Independence and served the time of the above enlistment. In the year 1777 I again enlisted in Rochester under Capt Daniel McDuffee  Lieut. Rowell & Ensign Leighton in Col. Stephen Evans Reg. to go to Stillwater , marched through Keen A.H. & Bennington Vt. to Stillwater and was at the baking of Burgoyne . I enlisted for three months and served out my enlistment. In the last of June or July in the 1778 I volunteered for Rhode-Island and marched through Exeter N.H. & Boston Mass. I served under Capt Hill  Lieut. Richer  Ensign Bangin in Col. Wingate's Reg. and returned home in about two months or there abouts - I hereby certify that I am and always have been a resident of Rochester County of Strafford and State of N. Hampshire . That the record of my age is in the town books of the town of Rochester . He hereby relinquishes every claim 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. Sworn to and subscribed the day and year aforesaid. George I. Hays .
And the said Court do hereby declare their  its opinion, that the above named applicant was a revolutionary soldier, and served as he states. Daniel C. Atkinson Judge of Probate
James Bartlett Regt 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 George I. Hays for a pension.
In testimony whereof I have hereunto set my hand and seal of office, this 15 th day of September A.D. 1832  James Bartlett Regt

George S. Mayes
10/1/68
A. Eastman Farmington N.Y.

BRIEF in the case of  George S. Hayes  of  Rochester  in the State of  N.H.  (Act 7th June, 1832.)
 1. Was the declaration made before a Court or a Judge? Court  2. If before a Judge, does it appear that the applicant is disabled by bodily infirmity?  3. How old is he? 72 Years  4. State his service, as directed in the form annexed. 
   Period. Duration of Service. Rank. Names of Generals and Field Officers under whom he served.   Years, Months, Days.     In 17 75 ✓ " " 2 " Private Capt. Brewster for Mangale   July 76 ✓ " " 5 " X " Capt. Drew for Newman   77 ✓ " " 3 " X " Capt. McHaffie for Evans   June or July 78 ✓ " " 2 " 0 " Capt. Rice for Mangale  
 5. In what battles was he engaged? Nine stated  6. Where did he reside when he entered the service? Rochester  7. Is his statement supported by living witnesses, by documentary proof, by traditionary evidence, by incidental evidence, or by the rolls? Living Witnesses  8. Are the papers defective as to form or authentication? and if so, in what respect? Correct 
I Certify that the foregoing statement and the answers agree with the evidence in the case above mentioned.
X on Rolls of course X Do Do Do 2 mos & 23 days 0 Do Do Do 21 days
H. H. Dill Examining Clerk.

INVALID.
16.407
File No. 16.407
George S. Hayes
Rev War
Act: June 7 th 32
Index:—Vol. A , Page 163
[Arrangement of 1870.]

RECORD DIVISION.
Department of the Interior, BUREAU OF PENSIONS.
Briefed by A. C. Wilson Apr 27 09
Claim No. _____
Certificate No. _____
Claimant _____
Soldier George S. Hayes
Service N.H.
Additional Service Rev.
No. _____ claim, State records _____, 190_____
No claim, combination records _____, 190_____
REMARKS:
No such D. War. Inv. Wid. or ref. claim as above except. Sur. File 16407. which on Agency Book refers to Act. 1838. ct. no 0-172. but no such ct. found on N.H. agency for 1838.

Payments to be made at Portsmouth C H by the Prince of B er Bank Agent for paying Pension- ers, in the Agency of N H
Cancelled
Recorded by J H / S Blair Clerk, in Book D. / Vol. 1 st page 160.
Geo. S. Hoxey

WAR DEPARTMENT.
Revolutionary Claim.
I certify that, in conformity with the Law of the United States of the 7th June, 1832, George S. Hayes of the State of New Hampshire who was a Private in the Army of the Revolution
is entitled to receive Twenty Four — dollars and Eighty Eight cents per annum, during his natural life, commencing on the 4th of March, 1831, and payable semi-annually on the 4th of March, and 4th of September, in every year.
Given at the War Office of the United States, this Twelfth - day of November one thousand eight hundred and thirty-two.
Acting John B. Buel Secretary of War.
Examined and } Countersigned. }
J. L. Edwards

W. P. Hayes
10.1.68
Private
10 Mos & 16 days
admits
$ 24.88.
A. Eastman Farmington N.Y.

BRIEF objections to the admission of Pension Claims, of which those answered in the negative, in red ink, will apply to the claim of George S. 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 ? Yes 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 ? Yes

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? XII. If the clergyman's affidavit has not been produced, is there any reason assigned for not obtaining it? 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? 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 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? Yes XVII. Are the seven interrogatories prescribed by the War Department answered satisfactorily? And, if not, which of them is not so answered? Yes
 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 affidavits must be properly authenticated, as above directed.
‡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.

Benjamin Hayes In His Children George Snell Hayes was born ye 23 d Day of Nov r - 1760 A true Copy of Record, attest Charles Devinett Town Clerk

I Richard Harber of Farmington in the County of Stratford and State of New-Hampshire Esquire do here testify and say that I am over seventy eight years of age That in the Fall of the year 1777 I was engaged in the war of the revolution in Colonels Evers Regiment for three months, that George S. Hayes of Rochester in the County of Strafford aforesaid was with me that we marched from said Rochester to Still water and Bennington to Saratoga and was at the taking of Burgoyne, that the said Hayes served out his time of enlistment, that we returned to said Rochester. I do further testify and say that in June or July of the year 1778 the said Hayes and I went to Rhode Island he being a soldier in Capt. Hills Company in Colonel Wingate's Regiment and served about two months, that our last time of service we volunteered
Rich d Harber
Stratford So. September 10th 1832.
Subscribed and sworn to before me -
James Roberts Justice of the Peace
I certify the above deposition is a true and correct copy of the original witness James Roberts Just Peace

State of New Hampshire Strofford ss I James Bartlett Register of the Court of Probate for said County do hereby certify that James Roberts whose name is within signed is a justice of the peace for said County of Strofford On which whereof I have here- to caused the Official Seal to be affixed this 15 th day of September A.D. 1832 James Bartlett Regs
General C. H. Hubbard affirmate

I John Rawlings of Rochester now Alton in the county of Strafford and State of New Hampshire of the age of seventy six years Depose and say that in the year of 1776 I enlisted in the war of the revolution for five months to go to Ticonderoga and I further testify and say that George S. Hays of Rochester in the aforesaid County and State enlisted in the same company and same Regiment under Capt John Drew and also Wiman and further say we marched to Dove in the aforesaid State and there passed muster from thence we marched through Concord in this State to number Four and from thence to Rutland in the State of Vermont thence through Waterbury to Lake Champlain I do further testify and say that we was stationed at Mount Independence during the time of the above mentioned enlistment
John Rawlings State of New Hampshire } the 12 th day of September County of Strafford } 1832
Then the above named John Rawlings personally appeared and made solemn oath that the above written affidavit by him subscribed is just and true Before me Israel Nute Justice of the Peace
I certify that the above named John Rawlings is a Creditable witness Israel Nute Justice Peace
State of New Hampshire Strafford ss I James Bartlett Reg of the Court of Probate for said County do hereby certify that said Note whose name is subscribed to the above preceding Depositions is a justic of the Peace for said County of Strafford I Witness Whereof I have hereunto set the official seal to be affixed this 15 th day of September A.D. 1832 James Bartlett Reg

I John Rawlings of Rochester now Alton in the county of Strafford and State of New Hampshire of the age of seventy six years Depose and say that in the Fall of the year 1775 I enlisted in the war of the revolution under Capt John Brewster in Col. Joshua Wingate Regiment for two months I do further testify and say that George S Hayes of Rochester in said County and State belonged to the same company, that he enlisted for the same time that we passed mustered at Portsmouth in the said said State of New Hampshire, and I was stationed the most of the time at Great Island that we both served out the above time of our enlistment John Rawlings
State of New Hampshire } the 12 th day of September County of Strafford } 1832
then the above named John Rawlings personally appeared and made solemn oath that the above written affidavit by him subscribed is just and true, Before me Isreal Nute Justice of the Peace
I Certify that the above named John Rawlings is a Creditable witness Isreal Nute Justice Peace

I John Mc Duffee of Rochester in the County of Strafford and State of New Hampshire, now Milton of the age of Seventy nine years Depose and Say that in the Fall of the year 1775 I was a Soldier in the war of the revolution that I enlisted under Capt John Brewster in Col s Wingate Regiment for two month and then marched to Portsmouth and passed muster and was Stationed the most of the time at the Great Island in the aforesaid State and County that I Served out the time of my enlistment and George S. Hayes of Rochester in the County aforesaid was a Soldier with me during that time and we Served out our time of enlistment
I do further testify and Say that in July of year 1776 I again enlisted in said war for five month to go to Ticonderoga under Capt John Frew in Col s Williams Regiment and marched to Dover and there passed muster. and the said George S. Hayes was with me and we marched through Concord in this State thence to number so called now Charleston in the aforesaid State thence to Rutland in the State Vermont and to Unter Creek thence to Lake Champlain and Stationed at Mount Independence, on East Side of the lake and there Served out our time agreeable to the above mentioned enlistment
Witness
his John Mc Duffee mark
Isaac Vite Jotham Dyer
State of New Hampshire } the 11 th the Day of September County of Strafford ss } 1832
then the above named John Mc Duffee personally appeared and made solemn oath that the above written affidavit by him subscribed is just and true Before me Isaac Vite Justice of the Peace
I Certify that the above named deponent John Mc Duffee is a Creditable witness Isaac Vite Justice Peace