Revolutionary War Pension and Bounty Land Warrant Application File W. 5,656, for Joseph Ray, North Carolina
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NC             Ray, Joseph                   W.5656
                          Lydia
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Carthage Tennessee
22 January 1846

Sir
     I wish to know the rule of distribution of a Pension among heirs.  Lydia Ray late a Pensioner and whose certificate was offered on the 2d December last died on the 18th November previous.  She left an only daughter living named Sarah Ray and the children of George Ray a deceased son.  Now Sir Please to inform me the rule as adopted by the Department.  Does the child or children take the Pension as preference to grand children.  My recollection is that no pension can be granted to grand children.  If this is so the grandchildren of Lydia Ray cannot receive any of the Pension lately granted to her and her daughter will be entitled to the whole of it.  I told them I would address this letter to you and they are willing to wait the issue.  Please inform me without delay - and tell me whether the daughter of Lydia Ray takes the Pension in preference to the grand children or does the grand children represent their deceased father long since dead and after receiving his legal share of the estate.
                   Respectfully
                    A Ferguson

JL Edwards Esqr
Commissioner of Pensions
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State of Tennessee
Smith County
     On this tenth day of February 1837 personally appeared before me Reason Barrow one of the acting Justices of the Peace in and for the county aforesaid Lydia Ray a resident of the county and State aforesaid aged eighty five years old on the fourth of next April 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 the 4th 1836 that she is the widow of Joseph Ray who was a private soldier in the army of the Revolution he was drafted in the month of September 1780 under Captain George Hodge to serve a tour of six months.  She and her husband lived at this time in Orange County State of North Carolina about Seven miles from Hillsborough.  They had been married ten years before that time by Captain Robert Lytle a Justice of the Peace.  They had three children when he entered the Service.  In August before Colonel Armand was stationed in the neighborhood with his troop of light horse, She thinks that they had to support and hid Thirty men and thirty horse for a short time in order to (illegible) then when Col. Armand left he gave her husband a tickett on the Government which was never paid.  In September as above State her husband entered the Service.  In two or three months after he entered the Services her old child James Ray sickened and died.  She wrote her husband a letter as the army was not far off.  Her husband rather than leave his family in a forlorn situation made an arrangement with his captain and gave him one thousand Dollars in the currency of that time which was continental paper money that the Captain received
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for the purpose of being a substitute for the ballance of the time he received it and hires a  substitute who served out the ballance of the time of her husbands services which was six months in all.  It was in the February following as well as she recollects that the battle of Guilford was fought.  The Brittish army marched before this - passed in one half mile of where she lived.  She was then a widow her husband was sick when he returned and died:  Doctor Gillett attended him until his death - left in this situation with three small children to take care of the Brittish army as above stated camped close by and the consequence of knowing that her husband though dead still had a substitute in the American army they took everything that suited them  her flour meal corn and fodder and a large number of cattle.  She had milk cows the sumer before but they striped her of every one except one cow which was out of their reach  her husbands clothing and the most valuable of her and her children She put unto her chest and then put it into the stable and carried it there but it was all in vain for they found & took it.  Another circumstance tended greatly to add to her distress and hurried her husband to make the arrangement with his commanding officer was her State of Pregnancy but she was not confined nor was her youngest child born until after her husband death for she recollects distinctly her helpless situation when the Brittish army stripped her of almost everything she had.  She further declares that she was married on the
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the 21st day of March 1771 to the said Joseph Ray and that her husband the aforesaid Joseph Ray died on the 2nd day of January 1781 and that she has remained a widow ever since that period as will more fully appear by reference to the proof hereto annexed.  Sworn to and subscribed before me on the day and year above written.  She has no documentary evidence to prove the above facts.
                   Lydia Ray (seal)

Test
R. Barrow
Justice of the Peace

State of Tennessee
Smith County
     This day personally appeared before the Subscriber one of the acting Justices of the Peace in and for said County Andrew G. Ford aged sixty one years who being first duly sworn deposed and says that he has been acquainted with Lydia Ray for twenty nine years passed that he has seen and and conversed with respectable citizens who were well acquainted with Joseph Ray and his wife Lydia Ray previous to their marriage that Joseph Ray died as above stated and that she has remained a widow ever since.  He further makes oath that she has followed the profession of a midwife for the last thirty years and that full faith and credit are due to her statements.  He further states that through old age and bodily infirmity she cannot attend the court house to make the necessary declaration in open court.
Sworn to and Subscribed on the day and year above written before me.

                           AC Ford

R Barrow
Justice of the Peace
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Testamony in behalf of
Lydia Ray
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State of Tennessee
Smith County
     On this day personally appeared George M. Ray before Silas C. Cornwell on of the acting Justices of the Peace in and for the County aforesaid and made oath in due form of law that from the Record kept by his father in the family Bible a copy of which he has now in his possession taken correctly from said family bible more than thirty years ago he is now sixty two years of age and was to do the best of his recollection at the time his father Joseph entered the Service in the War of the Revolution about Seven Years old.  He recollects very well (illegible) his father was drafted it was about the first of September or Part of august 1780 his Captains name was (faded) was attached to the Brigade under General Butler.  They drafted for what was called twelve months men.  They were marched to Hilsboro and from there to big PeeDee and there Stationed he served to the month of December and was taken sick.  He (illegible)  part of this time as (illegible) Company upon his taking sick his father made an arrangement with his Captain and got a furlough to come home and furnished a man in his place to serve out the eight month ballance of the time but his father was to be responsible until the service was completed;  he returned home but was still sick and lived but a few days when he died.  He died on the last of December then buried on the first January 1781.  The substitute continued to Serve out the term of twelve months and was paid by his mother, about the 16th of February Lord Cornwallis and the Brittish
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encamped Joining his father's Plan taken and lay there one week and took all the stock of Cattle and horses and everything else except one milk cow his mother was confined in child bed at the time with her fifth child - and always when any of the British would come there would be a Sergeant who would plan a Sentinel at each door to keep the Hessians from taken the only bed and close his mother lay on after the British left there he recollects the day of the battle of Guilford which took place the 15th of March following;  his aunt Jane Ray was out in the yard and she came in saying to his Mother "Aunt Lydia it is clear and I heard thundering most powerful, That he now resides in Jackson County State of Tennessee and has come over into Smith County to make this affidavit."
Sworn to and subscribed before me this 11th day of September 1837.
George M Ray (seal)
Test
Silas C Cornwell JP
Justice Peace

State of Tennessee
Smith County
     On this day personally appeared James Wilson before me Patrick Fergusson one of the acting Justices of the Peace in and for said County and made oath in due form of law That he is Seventy Six years of age, that he was well acquainted with Joseph Ray and Lydia Miller before they were married.  They were married in Orange County North Carolina.  His father and mother were at the wedding they lived about three miles of afterwards
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State of Tennessee
Smith County
I John J. Burnett Clerk of the County court of Said Smith County hereby certify that Silas C. Cornwell and Patrick Fergusson whose names are subscribed to the foregoing certificates and affidavits of George M Ray and James Wilson are now and was at the time of examination the same acting Justices of the Peace in and for the county aforesaid constitutionally ellected and duly qualified and commissioned to act as such that full faith and credit are due and should be given their official acts and that the foregoing signatures purporting to be theirs are genuine.
     In testamony whereoff I have hereunto set my hand and affixed the Seal of said Court at office in Carthage the 10th day of October AD 1837 and of the independence of the United States the sixty second year
                       John J Burnett Clerk
                       of Smith County Court
(seal)
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Revy WIDOW, &c.
AWN
File No. 5656
Lydia Ray
Wid.
Joseph Ray
Pvt. N.C. line

Act: July 4, /36, Sec. 3d
Index: _Vol. M, Page 148
[Arrangement of 1870.]
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Lydia Ray
1372
Tennessee
Letter to A. Fergusson 21 June 1865
to Same Sept 24. 45

Act July 4. 1836.
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Lydia Ray
Tennessee
Rejected

Let to A Ferguson May 30 1837
no letter written, it having been discovered that one of the cases sent with this, that of Jane Brent, if fraudulent.

Service less than six months.
See letter 19 Dec. '37

A. Fergusson
do 22 March 1839
do. 17 Feb. 41
Act 4 July 1836

Let to Hon Joseph
Peyton, Apl 29, "44.
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June 20, 1845.
Joseph Ray Private
Addl to case


Married 1771
husband died 1781
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Comptroller's Office.  Raleigh, N.C.
March 24th 1845
     I William F. Collins, Comptroller of Public Accounts do hereby certify that it appears of record in my office, that the following certificates were issued in favour of Joseph Ray, for military service, viz. one for seven pounds, eight shillings and six pence (L7.8s.6). found in Book No 3, page 36: and another for nine pounds, six shillings (L9.6s), found in Book No 8 page 42:  another for nine pounds, (L9.) found in Book No 14, page 46.
      Given under my hand and seal
                  Wm. F. Collins Compt
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                Your &c
                A Fergusson

James L Edwards Esqr
Commissioner of Pensions
Washington City
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No 1372
Lydia Ray
widow of Joseph
Tenn.
Act 4 July 1836
Adm 
$23.33 per ann

A Fergusson Esq
Carthage Tenn
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               Carthage Tennessee
               30th October 1836

Sir
     Inclosed are the affidavit and certificate in suport of the claim of Lydia Ray whose claim you informed me in your letter of 19th December 1837 had been rejected.  In my letter to you inclosed at the time the last additional testimony was transmitted to you I requested you to suspend any decision upon the claim until further proof Should be addressed of more services.  I knew at that time of persons who had a personal knowledge of more services but to what extent I could not ascertain consequently my desire was that no decision at last unfavourably Should be made until the proof Should be exhausted.  I was (illegible) that four months of the six months tour was all the service that Joseph Ray actually performed he having died at the end of four months and a substitute having served the ballance of the time to wit two months.  But as they always said he served more I was anxious at some time or other to see several persons whose names they gave as having a personal knowledge of the facts.  That time has come and I have found one in Robertson County in the State who has a knowledge of three month Service in addition to the four months they say there are some persons in North Carolina who can prove
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prove more service;  but as the claim has cost me a great deal of trouble and the proof has already been gathered in several counties of the State.  I would be willing so far as I have any thing to say in her behalf that if it can be allowed for seven months the amount of service proves that a final disposition be made of it in that way I think you will find the proof now sufficient and if it shall be thought indispensable that two witnesses must prove the same fact I have only to say that we must be patient and try for more testamony.  I hope this will not be the case and I should be glad to be done with it as the old Lady is sure to ask me about it every time I pass by her house.  Please give it your earliest attention.
                      Yours trully
                      A. Fergusson

James L Edwards Esqr
Commissioner of Pensions
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                     Carthage Tennessee
                     2 January 1841

     The inclosed you will find the amended Declaration of Mrs. Lydia Ray widow of Joseph Ray a soldier of the Revolution.  After examining your letter of the 22 March 1839 I have come to the conclusion that what you require in that letter in order to establish her claim to a pension has already been substantially proved and that the testamony will be sufficient by her amended Declaration.  By referring to the date of her first declaration you will discover that it was among the first claim sent on to you from Tennessee at least by me.  I was then not apprised of the necessity of being so particular in the statements of her declaration having seen so much of the traditionary manner of establishing soldiers pensions under act of 1832 June 7th.  I also thought at that time that the Services of the Substitute would be taken as part of the services of the soldier that hired him.  I do not recollect of asking Mrs. Ray at the time taking her first declaration whether her husband served a previous tour at all and it was ommitted for I wanted to see what would be the result.  Some having advised me that the law would not in all probability be carried into effect.  I recollect her telling me a very short time afterwards of the first tour of service and I notified you in one of my letters not to make a decision for there would be more testamony offered but contrary to my expectation a report requesting the claim was sent to me.  I differ materially with your statement about her first declaration.  I your letter above mentioned you say that she alleges "that after her husband served
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"two or three months he returned home.  Now if I am not greatly mistaken in my recollection she stated that her husband had served about four months.  She alledges that her husband had engaged to serve for six months and at the end of four months he came home sick and hired a substitute to serve out the ballance of the time to wit two months that as she distinctly states her husband actually served four months before he came home sick and died, and then the substituted served out the ballance which was two months and I think if you will examine you will find it to now this is my recollection yet I may be mistaken and would thank you to correct my mistake if upon examination you find I am so.  The witnesses afterward proved positively the three months tour previously performed and I have taken some pains in ascertaining whether they were two distinct tours and I am fully pursuaded that they were two distinct and separate tours the one having been performed some time previous to the last one.  The service in the last tour is I think fully proven by old Mrs. Wilson and the first one by old Mr. Ellison.  I have been raised from a boy in the same neighbourhood with Mrs. Ray.  I know her memory is very good and at the time and since making her first declaration she has told me a great deal about the Revolution.  Her character for veracity stands unimpeached.  I therefore renew the application to allow the claim having but little doubt but upon all the circumstances you will feel authorized to admit it.  I do not recollect that you ever held out the rule that it took two witnesses to prove a fact independant of the
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                          Carthage Tennessee
                          18th October 1845

Sir
     Inclosed you find the Declaration of Mrs. Lydia Ray widow of Joseph Ray showing that she is still alive.  I have also obtained the certificate of Doctor Joseph H. Peyton our member of Congress from that District showing that Thomas A. Williams is the clerk of Macon County Court.  Also his request to you to take up this claim and dispose of it without waiting to reach it in its regular turn which I hope you will feel willing to do as Mrs. Ray is very low in health and not expected to live long.  You will also see that J B. Short who was the witness testifying as to her being alive in August last is the Justice of the Peace before whom she made her Declaration and I also got the certificate of the Secretary of State and his official Seal thereto as you will see I hope the proof now is satisfactory.  At the request of the member of Congress you will take up the case and allow it without delay.
     By reference to your letter of the 21st June last no particular form of proof was prescribed consequently I was surprised to see your letter of 24th ultima
                         Respectfully
                         A Fergusson
JL Edwards Esqr.
Commissioner of Pension

(written in margin)
(See Doctor Peytons certificate and letter to you on the preceding)
AF
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State of Tennessee
Macon County
      On this 11th October 1845 before me J B Short one of the acting Justices of the Peace for said County personally appeared Lydia Ray a resident of the county of Macon and State of Tennessee aged about ninety three years 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 of the act of Congress passed July the 4th 1836 granting half pay and pensions to certain widows.
     That she is the widow of Joseph Ray who was a soldier of the Revolution and that she is also the identical person who heretofore made application for a Pensions by an original declaration and an amended Declaration of the same under the legislation of the War Department at Washington under said act of Congress of the 4th July 1836 and that she has remained a widow and has not intermarried and that she is the identical named person whose claim for a pension was prepared and attended to by Adam Fergusson an attorney as she further declared she is still alive.  
     Sworn to and subscribed before me the date above
                                      Lydia X Ray
                                      (X her mark)

JB Short JP (seal)
for Macon County

State of Tennessee Macon County
     I Jefferson B Short one of the acting Justices of the Peace in and for the county aforesaid hereby certify that the above interlined in the 2d line was made before sworn to and that the Declarant Lydia Ray is still alive though old feeble.  Witness my hand and seal the 11th October 1845.     
                   J.B. Short JP  (seal)
                   of Macon County
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JAMES C. HONES, GOVERNOR OF THE STATE OF TENNESSEE.
TO ALL WHO SHALL SEE THESE PRESENTS-GREETING:
It is hereby certified, That JB Short Esqr. whose name appears to the above certificates is and was at the time of signing the same an acting Justice of the Peace in and for the County of Macon in said state thereby approved (illegible) and sworn and that full faith and credit should be given to his office attestations as such.
(seal)
IN TESTIMONY WHEREOF, I have hereunto set my hand, and caused the great seal of the State to be affixed, at the City of Nashville, on the 14th day of Oct. 1845 and of American Independence the 70th year.
BY THE GOVERNOR, James C. Jones
John S. Young
Secretary of State
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State of Tennessee
Macon County
     I Thomas A. Williams Clerk of the County Court for said Macon County do hereby certify that Jefferson B. Short whose name appears to the within certificate is and was an acting Justice of the peace in and for said County Duly Elected and Commissioned and quallified as the law Directs and that full faith should be given to his acts as such.  Witness my hand at office there being no seal of office furnished me by the court which I am Clerk of I have hereunto set my hand and affixed my private seal this 13th day of October AD 1845.
(seal)                           Thomas A. Williams Clk
                                   by W.C. Williams DC

                Gallatin Ten  Oct the 16 1845

Mr. J.L. Edwards
A Fergusson       
Sir at the request of Mr A Fergusson, I have to state that Thomas Williams is the Clerk of the County Court of Macon County Tennessee.
     Be so good as to take up this case & act on it without waiting for its regular course on the callendar as Mrs. Ray is not expected to live long & is desirous that the claim should be allowed before her death.  If the claim is allowed, pleae to transmit forthwith the usual certificate to Mr. Fergusson.
              Very respectfully, your obt svt.
                     A.H. Peyton
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        Carthage Tennessee
        4th August 1845

Sir
     Inclosed you will find the affidavits of Jefferson B Short Esqr of Macon County Tennessee formerly part of Smith county showing that Lydia Ray is still alive when I was present at Washington you in your report to me required proof that Lydia Ray was still alive or to state who were her heirs if dead.  She had several heirs but as she is still alive I did not have their names inserted as she is entitled to the Pension as long as she lives.  I have now fulfilled the requisite proof and know of nothing else to make the case plainer you will therefore issue her certificate of Pension and forward the same without delay to me at this place.
                      Respectfully
                      A Fergusson

James S Edwards Esqrs
Commissioner of Pensions
Washington
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State of Tennessee Smith County

     On this day personally appeared Jefferson B Short before me Samuel P Howard one of the acting Justices of the Peace in and for said county and made oath in due form of law that he has been well acquainted with Lydia Ray ever since his recollection say about thirty one years ago and that she is the same Lidia Ray who has made application for a Pension some years since;  affiant was present with her in conversation about six months ago and she then states her age to be about ninety five years of age or over.  That she resides at the same place in Macon County formerly Smith county where she has resided for the last thirty years and upwards.
      Affiant further states that she is still living having seen her on yesterday on his way to Carthage Smith County.  That she is almost helpless on account of old age and badly infirmity.
     Sworn to and subscribed before me this 14th day of August 1845.
                                J.B. Short
Saml. P Howard JP
Justice Peace

State of Tennessee Smith County
      I Samuel P. Howard one of the acting Justices of the Peace in and for said county do hereby certify that I am well acquainted with Jefferson B. Short who has made oath to the above affidavit.  Taht he is a man of veracity and truth and that full faith and credit are due and ought to be given to his statements.  14th August 1845.
                      Saml. P. Howard J.P.
                      Justice Peace
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State of Tennessee Smith County
     I John J. Burnett clerk of the county court of said Smith county do hereby certify that Samuel P Howard whose name appears to the foregoing affidavit of Jefferson B. Short and the certificate following the same is a Justice of the Peace in and for the county of Smith aforesaid duly commissioned and qualified to act as such and that the foregoing signatures purporting to be his are genuine.
     In testamony whereof I have hereunto set my hand and affixed the Seal of said court at office in Carthage this 14th day of August 1845.
                      John J. Burnett Clerk
                      of Smith County Court
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State of Tennessee
Jackson County
     I John S. Turner Clerk for the County Court of said Jackson County hereby certify that Robert Lindsey and George C. Darwin whose names are subscribed to the foregoing affidavits and certificates are now and was at the time of executing the same acting Justice of the Peace in and for the County aforesaid Constitutionally elected and duly commissioned and qualified to act as such.  That full faith and credit are due and should be given all their official acts and that the signatures purporting to be theirs are genuine.
(seal)
      In testamony whereof I have hereunto subscribed my name and affixed the Seal of said Court at office in Gainsboro the 9th day of October 1837 and of the Independence of the United States the sixty second year.
                  J.S. Turner Clerk
                  (illegible) Moore Deputy
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State of Tennessee
Robertson County
     On this day personally appeared Charles Allison a pensioner of the United States aged seventy four years before me Warren. S. Payne one of the acting Justices of the Peace in and for said County and made oath in due form of law that he lived about two and one half miles from Joseph Ray the husband of Lydia Ray at the time Cornwallis encamped in the neighborhood about this time it was that Joseph Ray came home sick out of the Service and died.  This affiant had lived in 2 1/2 half miles all his lifetime from a little child and was well acquainted with Joseph, his wife was Miss Lydia Miller before she married said Joseph Ray.  This affiant recollects distinctly that Joseph Ray was out a tour of Service in the light horse troops and served three months they were marched into South Carolina and performed the tour about a year before he was called out in the tour in which he died.  It was he thinks a little before the battle of Gates Defeat that Joseph Ray performed these three months tour he was married at this time.  He thinks it must have been about a year between the two tours of service as near as he can recolect he cannot recolect the name of the captain but knows he performed two tours of service one of four months as militia man and one of three months as a light horse man and further
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this affiant saith not.
     Sworn and subscribed before me this 22nd day of October 1838.
                      Charles Ellison (seal)
Warren L Payne JP
a Justice of the Peace

State of Tennessee
Robertson County
     I Warren L. Payne one of the acting Justices of the Peace in and for the county aforesaid hereby certify that I am well acquainted with Charles Ellison who has this day made the foregoing affidavit before me that he is a man of Respectability and truth and that full faith and credit are due and of right ought to be given to his statements.
      In testamony whereof I have hereunto set my hand and affixed my seal this 22d day of October 1838.
                       Warren L. Payne JP
                       a Justice of the Peace
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State of Tennessee
Robertson County
    I William Shelly Clerk of the County Court for said County do hereby certify that Warren L. Payne before whom the foregoing Affidavit & Certificate were made is and was at the time of Executing the same an acting Justice of the peace for said County and that full faith and Credit is due to all his official acts as such and that the foregoing signatures purporting to be his are genuine.
(seal)
     In Testimony whereof I have hereunto set my hand and affixed the seal of said County at office in Springfield October 25th 1838.
                 Wm. Shelby
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State of Tennessee Smith County
     On this 30th day of July 1840 personally appeared before me Patrick Fergusson one of the acting Justices of the Peace in and for the county aforesaid Lydia Ray a resident of the county aforesaid aged upwards of eight five years as stated in a former Declaration sent to the war office at Washington City.  Who being 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 4th 1836.
     That in addition to her former Declaration heretofore made under said act as above stated granting pay and pensions to certain widows.  She further states that at the time of making said Declaration she did not know that it was necessary to state all the services of her husband in the War of the Revolution nor does she recolect now at this time that the questions was asking of her at that they the subjects was new to her and had only been known to her a few minutes before she made said Declaration and she gave in the Service of husband that was most fresh in her memory to wit.  The last service being an engagement for six months and during that time as before stated he served four months came home sick and died but a few days before Cornwallis encamped on her plantation, and robbed her of all her property.'
     She now declares and states that her husband the said Joseph Ray served a tour of three months in the light horse troops of North Carolina under Captain Hodge and in the regiment of Colonel Armand.  Sometime previous to the last tour in which he died and furnished his own horse making in all seven months served and this she is abundantly able to prove by witnesses if living of the highest Respectability.  She does not make this statement for the mere purpose of obtaining the small Pittance Government may allow to her but that Justice should be done in the case and this she is certain of as she recolects the service.  She further declares that she is now old and infirm not able to attend to any business whatever and cannot in all probability live long to reap the benefits that she is justly entitled to but as she is (illegible) that it is her right she claims it agreeable to the act aforesaid.
     Sworn to and subscribed before me this day and year first above written.
                            Lydia Ray (seal)
Patrick Fergusson JP
Justice of the Peace