Revolutionary War Pension and Bounty Land Warrant Application File S. 3673, for George Peay, North Carolina
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(3-1776)
SERVICE
N.C. Peay, George 
NUMBER
S.3673
CONTENTS carded
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25. 622
West Tennessee
George Peay of Williamson Co in the State of Tennessee who was a private in the company commanded by Captain Leak of the regt command by Col Maritn in the N.C. Milr line for 15 mo. from 1776
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State of Tennessee Williamson County} On this 6th day of September 1872 personally appeared in open court before Thomas Stuart Judge of the fourth Judicial Circuit of the Circuit court of the State of Tennessee now Sitting at Franklin George Peay a resident of Williamson county + State of Tennessee aged seventy five years the 19th of January last who being first duly sworn according to law doth on his oath make the following declaration in order to obtain the benefit of an Act of Congress passed June 7th 1832.
That in January or February 1776 I joined the army of the United States as a volunteer in Guilford county North Carolina under Capt. John Leak and Col. James Martin we rendezvoused at Guilford courthouse and marched them to Cross-creek where Fayetteville now stands. This expedition was against the Highland Scotch and tories who had rebelled against the Government Gov Caswell having defeated them before we arrived at Cross-creek, we in a day or two returned home and stayed there two weeks then we were called out against to go to Wilmington and when we had marched to Rocky river in Chatham county an express met us stating the British had left Wilmington and hove out of sight we then retur-ned home having been absent these two trips three months. Col. Alexander Martin comanded a regiment of Regular troops and we lay at the Cross Roads in Randolph county with his Regiment nearly four weeks during the first trip
That about the 20th of June 1776 I joined as a volunteer Capt John Leak and Col. James Martin Gen Griffin Rutherford being our Brigadeer General In the county of Roan in the town of Salisbury we rendez-voused and marched thence to the head of the Catawba
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river near Cathy's fort >which is at a place called Pleasant Gardens where we remained near four weeks until Gen. Rutherford and the balance of his army joined us. We marched thence against the Cherokee Indians across the Blue Ridge and stopped on the Tennessee river in the Cherokee nation where we remained four weeks the Indians having been subdued by the Southern Army commanded by Gen. Williamson we returned home after an absence of about three months and a half, no battles having been fought this expedition. That about the 20th of June 1778 I joined the com-pany of Capt. John Leak as a volunteer which com-pany belonged to the Regiment called New levie scom-manded by Cols Archibald Little + Henry Dixon We rendezvoused about that time at Guildford Courthouse in Guildford county and our two companies from Guildford one commanded by Capt Lead the other by Capt. George Hamilton marched thence to David Logan's, 4 miles from Guild-fourd courthouse where we lay four weeks until the balance of said Regiment comanded by said Cols. Little + Dixon joined us. We marched thence to Dixon's ferry on Dan river in Virginia, on our way towards the North, where we met an express which caused us to return into North Carolina our services not being needed in the Norht: we marched thence to moon's creek in Caswell county N.C. where we remained about a month. At this place I was attached out of Capt. Leak's company and put into the copany of Capt. John Nelson who was a regular officer; after remaining in his company a week or ten days I left the army and went to Hnery county Virginia to attend to a law suit which I had there, my brother Elias Peay filling my place in my absence. When I returned to my father's
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in Guildford county N.C. I met my brother who brought me a furlow from Capt. John Nelson until the 14th March 1779. At the end of which time I received a discharged from Col. James Martin for the whole nine months which discharge  I left in N.C. in 1810. I was in no battles during this campaign because there was none fought Col Little + Col Dixon were regular officers. The Legislature of N.C. having passed a law that any man who should volunteer 9 months and serve that time as such should be exonerated for 3 years from military service I having a discharge for that length of time was on the 14th March 1779 exonerated for three years from military duty and was to get 160 acres of land in the Western country which I never got. In the last of May 1779 our company of men was called out from Guildford county to join the army of Gen. Lincorn in South Carolina I entered that company as a substitute for one Mr [illegible] under Capt. John Davis and George Pierce Lieutenant and Robert Moore Ensign. We marched to about a mile above Guildford courthouse when I was sent back by Col. Martin to bring up some men who had remained behind before I could collect those men the other part of the army fought the battle at Stono ferry in South Car-rolina and were defeated and returned home I did not again join them but Capt. Davis gave me a discharge signed by himself for three a months tour. I was in no battle and saw no regular officers this expedition
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Some time in the Summer of 1780 I joined the company of Cap. Peter Oneal as sub-stitute for Wm. Stubblefield at Guildford courthouse we marched thence 14 miles towards Salisbury when I was sent back by Maj. Thos. Owens to bring up some delinquents and being engaged in preparing them to March for a week or two the battle at which Gen. Gates was de-feated was fought and the men discharged I did not join the army again and received a discharge for a three months tour from May. Thos. Owens signed by himself which I left in North Carolina
Some time in July 1781 I joined the com-pany of Capt. Charles Williams in Pittsylvania county in Virginia as a substitute for Ned Warren said company marched to York-town at Gen. Washington's head Quarters where our Company joined the Regiment commanded by Col. Thomas Merryweathers + Maj Givens and Gen. Edmond Stephens I remained there till the last of the siege of York where Cornwallis was taken. I received a discharge >for three months by Col. Thos. Marriweathers on the 16th October 1781 which discharge I left with Wm. Herin in Via. to enable him to receive my pay which I never got
I was born in Caroline county + State of Virginia on the 19th January 1757 as appears by a record of my age in a player book which I have [illegible] I lived in Rockingham county which was taken off the North end of Guildford county North Carolina some time after the war until 1810
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When I left N.C. and removed to Williamson county Tennessee where I have remained ever since. Giddeon Johnson and Robert McClellan = Jacob Grimmer are acquainted with me and can testify to my veracity and their believe of my being a soldier of the revolutionary war
I hereby relinquish every claim whatever to a pension or annuity except the present and declare that my name is not on the Pension roll o the agency of any state. I know of no person who can testify to my services personally as a soldier of the revolution all my com-panions in arms who I have known in this county having departed this life and that I have not now any documentary evidence by which I can prove the same
Sworn to and subscribed in open Court, 6th September 1832 Preston [illegible] G Peay
We Thomas D. Porter a clergyman residing in the county of Williamson and State of Tennessee and Giddeon Johnson Robert McClellan Jacob Grimmer and John Bostick residing in the same county and state hereby certify that we are acquainted with George Peay who has subscribed and sworn to the above declaration that we believe him to be seventy five years of age that he is reputed and believed in the neigh-borhood where he resides to have been a solider of the Revolution and that we concur in that opinion.
Sworn to and subscribed in open Court, 6th Sept. 1832. P [illegible] Tho D. Porter
John Bostick 
Giddeon Johnson
Robert McClellan
And the said court does hereby declare his opinon after the investigation of the matter, and after [illegible] the interrogatories prescribed by the War department that the above named applicant was a Revolutionary
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Soldier, and served as he states. And the court further certifies that it appears to them that Tho. D. Porter who has signed the preceding certificate is a Clergyman residing in the county of Williamson State of Tennessee and that John Bostick in Giddion Johnson and Robt. McClel-lan who have also signed the same are residents of said county and state and are credible persons and that their statements entitled to credit. From under my hand this 6th September 1832
Thos Stuart
Judge [illegible]
I Preston Hay Clerk of the Circuit court of William-son county in the State of Tennessee do hereby certify that the foregoing contains the original proceedings of said court in the matter of the application of George Peay for a pension. Witness my hand and private seal there being so seal of office provided this 18th September 1832.
Preston Hay {Seal} 
State of Tennessee I Felix Grundy do hereby certify that Preston Hay who signed the above certificate is and was at the time of signing the same Clerk of the Circuit court of Williamson county and that his said signature is in his own proper hand writing and that there is no seal of office to that court
Felix Grundy
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18.1832.
George Peay
Williamson Co
West Tennessee
Mr Hill will [illegible] to give a certificate in this case July 29, 1834
C. A. Harris [illegible]
to examine this; + [illegible]
for 1776 [illegible] 15 
$50.

[illegible]
Preston Hay Clerk
Williamson Co
Tennessee
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WAR DEPARTMENT, 
Pension Office,
183
Sir:
The evidence in support of your claim, under the act of June 7, 1832, has been examined, and the papers are herewith returned. The following is a statement of your case in a tabular form. On comparing these papers with the following rules, and the subjoined notes, you will readily perceive that objections, exist, which must be removed, before a pension can be allowed. The notes and the regulations will show what is necessary to be done. Those points to which your attention is more particularly directed, you will find marked in the margin with a brace, (thus: }). You will, when you return your papers to this Department, send this printed letter with them; and you will, by complying with this request, greatly facilitate the investigation of your claim.
A Statement, showing the Service of George Peay, Williamson Co Tennessee.
Period when the service was rendered. | Duration of the claimant's service. Years. Months. Days. | Rank of the claimant. | Names and rank of the Field of-ficers under whom he served. | Age at present, and place of abode when he entered the service. | Proof by which the declaration is supported. 
Feb. 1776 | " | 3 | " | Priv. | Col. Martin Cap. Leak. | 70 years | Traditionary.
Jun 1776 [illegible] | | 3 | 15 | " | Gen Griffin Col. Martin Cap. Leak. | | 
June 1778 | " | 9 | " | " | Col. Little + Deacon Cap. Leak. Nelson | |
1779 | " | 3 | " | " | Col. Martin Cap. Davis 
[illegible] 1780 | " | 3 | " | " | Maj. Owens Cap. Oneal.
1781 | " | 3 | " | " | Gen. Stevens Col. Meriwether Cap. Williams
15,15
I am, respectfully, 
Your obedient servant,
J. L. Edwards,
Commissioner of Pensions.
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2
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 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 claim-ing the benefit of this law as officers, non-commissioned officers, mucicians 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 County of } ss.
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 serv-ed 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 per-sons 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 revolu-tionary soldier, and served as he states. 
I of the Court of do hereby certify (h) that the foregoing contains the original proceedings of the said Court in the matter of the application of for a pension.
In testimony whereof, I have hereunto set my hand and seal of office (i) this day of &c.
If, on examination of the proper record, the names of applicants, making such declaration, cannot be found, they will produce such proof as the rule given in note (j) points out.
Every applicant who claims a pension by virtue of service in the State Troops, Volunteers or Militia, except those who belonged to the New Hampshire Militia and State Troops of Virginia, will make and subscribe a declaration similar to the foregoing, with the following additions, viz:
(k) We, A. B., a Clergyman, residing in the and C. D. residing in (the same) hereby certify, that we are all 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 Revo-lutionary 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.
Clerk of the Court of do hereby certify that the foregoing contains the original proceedings of said Court, in the matter of the application of for a pension. In testimony whereof, I have hereunto set my hand and seal of office, this day of &c. 
Every applicant will produce the best proof in his power.. This is the original discharge or commission; but if neither of these can be obtained, the party will so state under oath, and will then procure, if possible, the testimony of at least one credible witness, stating in detail his personal knowledge of the ser-vices of the applicant, and such circumstances connected therewith, as may have a tendency to throw light upon the transaction.
If such surviving witness cannot be found, the applicant will so state in his declaration (l) and he will also, where 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
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3
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 at-tempted; and unless, therefore, these are amply and clearly set forth, no favorable decision can be ex-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 giv-en, 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 tes-tify 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 traditionary 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, atttend 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 male 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 pro-cure, 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 fol-low 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 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 is in the following grades:-For _ year _ months, and _days, I served as a _. For _ months and _days, I served as a _; and for such service I claim a pension." 
It is important, in all cases, to determine with precision the period for which each applicant served, and the particular rank he held, as the law directs the pension to be paid according to the grade of the pensioner and the length of his service. The use of the phrase about three or four months is too indefinite, and all such qualifying expressions are objectionable. Some  persons who apply for pensions merely state that they served two years in the militia, &c. without specifying the tours, the names of the officers, and other particulars respecting their service. This form of a declaration is highly objectionable. It must, in every case, be clearly shown under what officers the applicant served; the duration of each term of engagement; the particular place or places where the service was performed; that the applicant served with an embodied corps called into service by competent au-thority; 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 pub-lic 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 con-tains the affidavit, or other papers authenticated, the certificate must be attached thereto by a piece of tape or narrow ribbon, the ends of which must pass under the seal of office of the certifying officer, so as to prevent any paper from being improperly attached to the certificate.}
Proof of Service.
{[j] In a case where the name of the applicant is not found on the records of the Department, he must prove his service by two credible witnesses who are required to set forth in their affidavits the time of the claimant's entering the service, and the time and manner of his leaving the same, as well as the regiment, company, and line to which he belonged. The magistrate who may administer the oaths must certify to the credibility of the wit-nesses, and the official character and signature of the magistrate must be certified by the proper officer, under his seal of office. 
The notes from [a] to [illegible] 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.
[k] This traditionary evidence is indispensable in militia cases.
[l] If a witness cannot be found, the declarant must state the fact.
[m] The answers to the interrogatories must all be written, and sent to the War Department, with the declaration.
Joseph Rowen
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Affadavid of Richd. Vernon
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State of Tennessee Williamson Cty August 3rd 1833
This is to certify the requests of George Peay - to State on oath - that which I was witness as [illegible] his [illegible] as a soldier in the Revolutionary War. He then shall shall first state that I am, about  75 years of age; I was acquainted with George Peay in the State of North Caroli-na in the County of Guildford in the Year 1776.- At which time an insurrection was raised by a [illegible] of [illegible] And about the first of February 1776 The malitia was called to army.- [illegible] Peay; with myself and many others, Turney out as volunteers - and marched to Guilford Court House on the fifteenth of February 1776.- and then formed a Regiment [illegible] under the Command of Col Jas Martin and Capt John Leak. [illegible] and his [illegible] and at that peroid; Guilford County was in the Western parts of North Carolina; in, a District Called Sailsbury. Which, was commanded by Brid. Genal Rutherford who at that time had all the militia of [illegible] Guilford ("in army") - Then marching down to the lower parts of the State, where there Tories was embodied; Our Rigiment joined Genal Rutherford on March, and proceeded with him to a Tour on Cape Fear River-At that time was
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Called Cross Creek. - When we understood for certain, that the Tories were defeated (By Colo Caswell near Willmington in [illegible] State We were then Sent back home; Excepting a Rigiment of Regular Troops, that had marched down with us under the Command of Colo. Alex Martin - And in about fifteen days after we returned home A general alarm took place throughout the State- cause by the Brittish Vessels appearing in the Cape adjacent to Sd State, at which time, we were all called to army; Mr George Peay with myself and many others volunteered again, under our former officers, and marched in military order to Willmington-and the only [illegible] was an [illegible] that; came to Col. Martin stating that a party of Tories were embodying in front of us to make an attack. We advanced near them myself and 13 others were sent to discover their situation - We [illegible] to the place in the nihgt and discovered a large encamp-ment - Their sentinel fired at us and we returned to our Rigiment, all prepar-aration was made by us to advance and attend there. The next day- according [illegible] we met and prepared for action - we then discovered they [illegible] who had [illegible] the Tories the evening before; we then proceeded on our March for Wilmington- and
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-were met by an [illegible] from the [illegible] of the State-Stateing that the Brittish Vessels had left the Capes - Contiguous to North Carolina - we were all remand back to our homes - Where we remained until the month of June - in the Same Year - 1776. - The Cherickee Indians broke out and was committing Great depredations upon the [illegible] Settlements of North + South Carolina On which occasion a general Call for the malitia in the District of Sails-berry-took place about the month of June 1776 - Then Mr George Peay [illegible] volunteered again under the Command of (Sd) Officers - Rutherford Martin & Leak. So we marched with a determined resolution to destroy the Indian settlements on Tennessee [illegible] wihch we effected by entering Wilderness; on the 9th dat of Sept. 1776.- about the 28t of November following - we were discharg-ed. 
State of Tennessee Williamson Cty } Personally appeared before me James Johnson of the acting Justices of the Peace in and for said County Richard Vernon and make oath in due form of law to to the foregoing statement given under my hand and seal this 6th day of augt. 1833
Sown to before me &  subscribed date above
James Johnson [illegible] Rich Vernon {Seal}
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The State of Tennessee
I Thomas Hardeman clerk of the court of pleas + quarter sessions for this county of Williamson do certify that James Johnson [illegible] before whom the within affidavit of Richard Vernon was made + whose signature appears within is now and was at the time of making the same affidavit an acting Justice of the peace in + for the County  of Williamson aforesaid + that his [illegible] within is genuine.
In testimony whom of I have hereto subscribed on affixed the seal of said Court at Office this 10th day of Jan-uary [illegible] 1834. Tho. Hardeman 
Affadavid of Richd. Vernon
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State of North Carolina
Secretary of States Office
I William Hill Secretary of State in and for the State aforesaid, do certify, that the name of George Peay is not to be found on the musterolls of the Conti-nental line of this State in the revolutionary war or any document in this Office affording evidence of service in said line.
Given under my hand this 5th day of February 1834. 
W. Hill
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[illegible] 3673.
INVALID.
File No. 3673
George Peay
Pvt. N.C. Mila.
Act: June 7u732
Index: - Vol. A, Page 291
[Arrangement of 1870.]
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[illegible]
FRANKLIN TEN
SEP 19
The Hon. Lewis Cass
Secretary of War
Washington city D. C.
Sep 29.
Ten
George Peay 
18832