Nehemiah Day, Sr.
|Birthplace:||Chatham, Morris, New Jersey, USA|
|Death:||Died in Mendham, Morris, New Jersey, USA|
|Place of Burial:||Hilltop Presbyterian Cemetery, Mendham, New Jersey, United States|
Son of Daniel Day and Mary (Marcy) Day
|Managed by:||Karen Dorothy Plummer|
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About Nehemiah Day, Sr.
Deposition by Nehemiah Day (Deponent)
State of New Jersey, Morris County
Before the Court of Common Please held in at Morristown in said county, personally appeared in the court on this 18th day of March, 1834 Nehemiah Day, after 85 years in August last, who on his oath makes the following Declaration, to obtain the benefit of the act of Congress of June 7th 1832. -
I was born at Chatham in Morris County N. Jersey, on the 10th August 1748, according to a record kept by my father in an old family bible, not now in my possession. I lived in Chatham when I first entered the service of the U. States and went to Mendham in said county in 1777, where I have lived till the present time. I have almost lost my eyesigh t - can scarcely distinguish one object from another, and am so feeble in my bodily powers that I can scarcely walk from house to house. My memory has lost much of its power, especially in regards dates and names. - I most solemnly swear I have performed militia duty in defense of my country, in every year of the revolutionary war, from its beginning to its end. - in some years not more than six months of the year - in some other years not more than 4 months - and in not one year of the war, up to 1781, less than three months, in active, faithful, constant duty, whilst in service.
My militia duties were more frequently performed at Elizabeth town and along the Jersey Shore toward Amboy and opposite Staten Island, then elsewhere. - We were divided into classes sometimes our half ordered into services and other times perhaps over 1/3 or were called out to guard the frontier before named. - And when the country was over run by the enemy, or alarm made of their coming in larger bodies. - the whole militia force was kept out for defense and to keep the Tories and Refugees in check. During the first 3 years of the war according to the best of my remembrance New Jersey was much overrun and annoyed by the enemy and the militia were in service, to protect the frontier, in all seasons of the year. I belonged to the militia company of Capt. Stephen Day at Chatham, and my first tour of Militia duty was performed under him in the spring season of the first year of the war, and were first marched to Elizabeth town and to the point, opposite Staten Island, when we were stationed on guard duty and we were employed in building forts and guarding the shore against the town. -It was expected that our service would be limited to one month. I am not certain that we went home at the end of the month - but if we did - we were almost immediately called out and used in the same offices, to perform the same duties at the same place. Large bodies of Militia were out at both times, used a common barracks of Colonel Ford and Drake of Morris Country , and used in General Williams or General Heard. The British fleet was daily expected at New York, and most of the time I was stationed with Capt. Day on Brooklyn heights opposite New York City, building breast works - and most of the time at Elizabethtown, whilst there, the British fleet sailed into New York harbor. We remained here during the battle of Long Island was fought, and heard the guns very plainly. I was not at home during this summer and fall, serving in the militia the whole time longer except going home to process a change of clothes, at longest, I do not believe, no more than two to 4 days, and sometimes not longer than one day. - and then always by permission form my commanding officer. The whole Country was in constant alarm and the whole militia out on duty. I was commanded by Capt. Day. And when he was occasionally out for a few days, I was under his Lieutenant and the Colonel before mentioned. We continued this in action and constant duty, at Elizabeth town during the whole of the first summer and half seas on and when General Washington with his army retreated before the enemy through New Jersey, we were at Elizabeth, and fell in with the whole of his army and followers on as far as New Brunswick, when we filed off at Bound Brook, near Pluckemon, and it was cold wintry weather before we reached Morristown. This march from Elizabeth town to New Brunswick and Pluckemin: is commonly called by our militia, the "mud-rounds ". We had not reached home at Chatham, before an alarm was given, and we were ordered out forthwith to march to Springfield and with the same officers, here a hard battle was fought, in which our company was ac tively employed. A considerable body of Hessians were made prisoners b y the militia, and immediately sent to Morristown, under a strong guard. It was cold weather. The enemy and Tories and Refugees had possessions of Elizabeth town and Staten Island most of this winter, and we kept strong militia guards stationed all winter and the following spring, at Springfield and Connecticut farms and along the lines towards Ne w Brunswick. I also wasn't discharged from this duty, until the middle of winter, or perhaps later. Was in constant and active duty the whole season, at home only long enough to get a change of clothes, by permission of my commander, and immediately back to my station. In this first year, I was faithfully engaged in duty, the least, seven full mon ths. And I believed I might say with truth, eight months. -
Early in the spring following (1777) I was again ordered out on militia duty for a month, ordered Captain Day - I was stationed with my company on guard duty in Elizabeth town and the landing points. It was in cold and muddy weather. - I think in March. I stayed a month, acting in command of Colonel Thomas, as I believe, - was then dismissed verbally and went home.
My family moved this spring (77) from Chatham to Mendham, and I now fell into the militia company commanded by Captain Daniel Cook, in which company, most of my other militia duties were performed. - I was appointed a Sergeant in this company and from this time all my militia services was as a Sergeant, performing Sergeant's duty. In the middle of planting corn I was ordered out under Captain Cook to Elizabeth town , where we came stationed our month, performing guard duty. And I was doing a Sergeant duty. In hot weather of this summer season, I was again ordered out, and I think our Lieutenant Pierson, had commanded. We came and marched to Second, now called Belleville, and were stationed near Aquakinak, one month. General Winds had command of a larger Militia force at this place. In the fall following I performed a months duty under Captain Cook, and was stationed at Elizabeth town and the landing place opposite Staten Island. I performed one month's duty late in the fall under Capt. Cook and was stationed on guard duty with him at Beyer Point opposite Staten Island.
Lieutenant Pierson of Captain Cook's company was promoted to be Captain of our Company. I do not know with certainty the month near that year, in which his promotion took place, but I think it was in the latter part of 1777 or beginning of 78. I performed under his command two months service, and was stationed at one Van Mulihaner's near Plainfield and not far from Quibble town. One of these months was in cold wintry weather, and the other in muddy spring weather, whilst the enemy occupied New Brunswick and Amboy. I do not know the year but I think it was 78. Col.Frelinghuysen was our Colonel. Col. Seely I believe, and General Winds were present and a larger body of militia were stationed near Van Mulihaners. We had a severe skirmish with a larger body of the enemy near Quibble town, sent out from New Brunswick, in the winter.
In the spring season, before the Monmouth battle, when the frost was coming out of the ground, I was ordered out on duty under Lieutenant Lane of our company, and we were stationed at Elizabeth town on guard duty, one month. In the beginning of summer I was ordered out one month under Capt. Pierson and was stationed at Elizabeth town on guard duty. The Monmouth battle was fought whilst we were performing this tour . We heard the cannonade very distinctly.
Late in the summer I performed another month's duty under Capt. Pierson - stationed at the blazing star ferry opposite Staten Island - Col. Jaguar commanding the whole militia force, and having his headquarters near Rahway. In the fall I performed another month's duty under Capt . Pierson at Elizabeth town. It was cold weather - snow on the ground, and it was almost Christmas season when we were dismissed and went home. I believe Col. Thomas and General Winds had command. I performed a month duty under Lieutenant Lane in the winter, and was stationed near Woodbridge. We had a fight with the enemy this winter at Strawbery hill, near Amboy, then pursued by the enemy. I believe Col. Jaguar and C ol. Potter were both present. I performed according to the best of my recollection, either 3 or 4 monthly tours of militia duty in different years and season, under the command of Capt. Robert Young, my memory will not authorize me to say in what years - but I believe it was in the year 79 - and perhaps 80 - I was acquainted with Israel Aber who did duty with me in that company once or twice, and with Robert Young, a private, sometimes in the company of Capt. Young., and were seen sometimes on the same stations, but different companies, at Elizabeth town, at Springfield, and Aquakinak, and Beyer point and at other stations not now recollected. I am confident I performed at the best, thru monthly tours under Capt. Young at different times - two of which were at Elizabethtown under Col. Thomas and Col. Sely, both in warm weather, and this near Rahway and landing points under Col. Jaguar in the spring season, when farmers were plowing their corn ground. When Connecticut farm villages and churches were burnt I was out on a tour of monthly duty under Capt.Pierson, guarding the lines and frontier inhabitants in the neighborhood of Springfield and Elizabeth town, and need I list that on this occasion Mrs. Caldwell, wife of Rev. Caldwell was shot by the enemy through her window. Before this month's tour expired, the enemy came out again from Elizabeth town Staten Island with a strong force, and under fight, during which battle the enemy set fire to the Church and burned it to the ground, as with most of the dwelling homes in the village. This was early in the summer of 1780, as I believe. A larger body of militia was out and commanded as I think by Col . Seely, Col. Frelinghuysen and General Winds. In the latter part of summer following the burning of Springfield, I was ordered out on another month's tour of duty, under Lieutenant Lane and was stationed in Elizabeth town. In the fall, about the time of growing wheat, I performed another month's duty under Capt. Pierson. After the burning of Springfield, the militia pursued the enemy in their retreat thru Elizabeth town and between the town of the landing or point, a severe skirmish was had with them, in while our company was engaged. In the spring and summer when Cornwallis was taken, I performed one month's Militia dut y under Lieutenant Lane - was stationed at the blazing star ferry opposite Staten Island, and another months duty under Capt. Pierson statio ned at Elizabeth town Col. Thomas commanded us as I think in the first month and Col. Lane in the last. During the time of my Militia duty before stated my service was constant and faithful. I was not employed or engaged in any civil pursuit during and of thru periods or tours, but I was always acting under and in obedience to the orders of my superior officers. And in all my tours of Militia order I got after receiving my appointment of Sergeant in Capt. Cook's company in 1777. I was a Sergeant and acted as Sergeant and was recognized and known as Sergeant back by the company office and men. I never used any written discharge, nor any commisfoner except a warrant of Certificate of my appointments as Sergeant nor do I recollect with any certainty, that I hold a written warrant or certificate of such appointments. If I did , it has long since been lost or discharged.
I have and earned to recollect and specify my Militia service, as far as meaning will serve. I am confident I have not stated them all - nor willI attempt to state any of whilst my memory has not a distinct hold of the facts. In dates, and in order of time as to events, I know my memory is weak, perhaps in some instances, I have mistaken my superior officers names. If so, I hope this may be set down as the mistake in memory of an old man on his 80th year.
I believe I have performed at least, 27 months of Militia duty: 8 months as a private whilst I lived at Chatham and belonged to Capt. Day's company and 19 months as a Sergeant in Captain Daniel Cook's company after my remove to Mendham in 1777. - and for which service I claim a pension, under the act of Congress June 1832. - I hereby renounce all claim to a pension and declare that my name is not on the pension toll of any state.
- Nehemiah Day
THE WILL OF NEHEMIAH DAY
OF MENDHAM, NEW JERSEY
20 July 1829
In the name of God Amen. I Nehemiah Day of Mendham in the County of Morris and State of New Jersey being old and infirm in body but of sound Memory understanding and Mind do make and publish this my last will and testament in manner and form following.
First. I do order that all my Just debts and Funeral expences be duly paid and satisfied as soon as conveniently can be after my decease.
Second. It is my will that my beloved wife have and enjoy together with her right of dower at common law, the use of all my moveable property except bonds and notes during her life time.
Third. I give and bequeath to my son Nehemiah Day Jun the use of all my lands tenements hereditaments and real estate subject to the right of dower of his Mother and likewise subjected to all incumbrance that I shall think proper to lay on them.
Fourth. I give and bequeath to the children of Nehemiah Day Jun my grandchildren at the death of their Father all my lands tenements hereditaments and real estate to them their heirs and assigns for ever to be divided between them the sons two shares and girls one subject however to the right of dower of their Mother if she outlives their Father .
Fifth. I give and bequeath to my grand children now in the State of Ohio James Compton Phebe Compton Matilda Compton Mary Compton two hundred and fifty dollars and request that my executors deliver to them a bond and Mortgage I hold against Aron Cary to be divided between them the boys two shares and girls one.
Sixth. 1 give and bequeath to my daughter Phebe Degroot two hundred an d fifty dollars if she should out live me if not I give and bequeath it to her children to be divided between them share and share alike.
Seventh. I give and bequeath to the First Presbyterian congregationin Mendham one hundred dollars the interest to be used for the benefit aid and support of said congregation.
Eighth. I give and bequeath all the rest of my moveable property that I died possest of to my children who then shall be living to be divided between them share and share alike to be divided at the death of their Mother. Lastly I hereby appoint my son Ezekiel Day and Wm. Babbit executors of this my last will and testament.
Signed sealed published
and declared by the said
Nehemiah Day to be his
will and testament in
the presence of
Charles H. Conkling
July 20th 1829
Nehemiah Day (his mark)
I Nehemiah Day do this 2nd day of July 1832 make and publish this Codical to my last will and Testament in manner and form following viz whereas since making my last will and Testament I have concluded to give and bequeath to John Milton Gracen my grandson fifty dollars. I do now therefore give and bequeath to my grandson John Milton Gracen fifty dollars and order my executor to pay him accordingly after my decease. I do further order and will that my son Nehemiah Day Jun pay a certain debt due from me to Nathan Cooper of three hundred dollars and the Interest thereon at my decease and in case of his failure to pay the above mentioned sum it is my wish that my real estate be liable for the said sum of three hundred dollars and the interest thereon. I do further direct my executors not allow any amounts that may be rendered by my children after my decease as I have considered every thing of that nature in publishing this my last will and testament.
Signed sealed published and
delivered by the said
Nehemiah Day as Coddal
to his last will and testament
this 2nd day of July 1832 in
Luther Conkling .
Charles H. Conkling
Nehemiah Day (his mark)
Morris County vs: Charles H. Conkling one of the witnesses to the fore going will and codicil being duly sworn did depose and say that he saw Nehemiah Day the Testator thereon named' sign & seal said will, and heard him pronounce publish & declare it to be his last will and testament and that Luther Conkling & John Cary the other subscribing Evidences to said will were present at the same time and signed their names a s witnesses to said will together with this deponent in the presence of the Testator and this deponent's brother saith that he saw Nehemiah Day sign & seal the within codicil, and heard him pronounce it to be a codicil to his last will and testament and that Luther Conkling the other subscribing Evidence was present at the same time & signed his n ame as a witness to said codicil together with this deponent in the presence of the testator and that the said Testator at the signing of said will & codicil was of sound and disposing mind & memory as this deponent verily believes.
Sworn before me April 12, 1837
W. W. Wood Surrogate
Morris County: Ezekiel Day & William Babbit the Executors name in the written will being duly sworn did depose and say that the foregoing wr iting contains the true last will & testament and the true last codici l of Nehemiah Day the Testator therein named so far as they know and as they verily believe that they will and truly perform the same by paying first the debts of said deceased and then the Again in said testament & codicil specified so far as the goods & chattel rights and credits of said deceased can there unto extend that they will make and exhibit into the surrogate office of the county of Morris a true & perfec t inventory of all & singular the goods & chattel rights & credits of said dec. that have or shall come to their hands or possession or to the possession of any other person or persons for their use and render a just and true account when there unto lawfully required.
So sworn before me April 12,1827
Jo. W. Wood Surrogate
Mary DAY b: 30 SEP 1770
Daniel DAY b: 09 OCT 1773
Samuel DAY b: 04 DEC 1775 in Chatham, NJ
Ezekial DAY b: 1782 in Mendham, Morris Co. NJ
Nehemiah DAY Jr. b: 1783 in Morris County, NJ
Horace DAY b: 1787
Elizabeth H. DAY b: 1788
Stephen DAY b: 1789
Phoebe DAY b: 1792
Author: Wright, Helen Martha, Ph.D. Title: Two hundredth anniversary, reminiscences of the First PresbyterianChur ch, Mendham, New Jersey, 1738-1938 : supplement to history and records Publication: Name: Jersey City, N.J. : H.M. Wright, c1938 (Philadelphia, PA. : Printed by Camp News); Repository:
Name: Minnesota Historical Society
Nehemiah Day, Sr.'s Timeline
August 10, 1748
Chatham, Morris, New Jersey, USA
May 4, 1769
Presbyterian Church, Morristown, Morris, New Jersey, United States
September 30, 1770
Morris, NJ, USA
October 9, 1773
Morris, NJ, USA
December 4, 1775
Chatham, Morris, New Jersey, United States
Morris, NJ, USA
Morris, NJ, USA
Morris, NJ, USA
Morris, NJ, USA
September 4, 1789
Morris, NJ, USA