Revolutionary War Pension and Bounty Land Warrant Application File R. 4783, William Hays, Va.
Page 1

(3-1776)

SERVICE

NUMBER

Va

Hays, William

R. 4783

Elizabeth

CONTENTS
Page 2

19384

Kentucky

William Hays

of Pulaski in the State of Kentuc.

who was a private in the [illegible] commanded

by Captain Martin of the regt commanded

by Col. Campble in the [illegible]

line for 9 months 15 days

Inscribed on the Roll of Kentucky

at the rate of 31 Dollars 66 Cents per annum

to commence on the 4th day of March, 1831.

Certificate of Pension issued the 24 day of Sept.

1833 and William

Fox Somersett

Arrears to the 4th of Sept	79.13

Semi-anl. allowance ending 4 March 1583

$949

{Revolutionary Claim

{Act June 7, 1832

Recorded by Danl Boyd Clerk

Book C Vol. 7 Page 13
Page 3

(1)

State of Kentucky

Pulaski County Court set

On the 17th day of December 1832, personally appeared in open Court before the worshipped Justices of the Pulaski County Court now sitting as a Court William Hays between Seventy Seven and Seventy eight years of age a resident of Pulaski County Kentucky who being first duly sworn according to law doth on his oath make the following Declaration in order to obtain the benefit of the act of Congress passed June 7th 1832.

That he entered the Service of the United States under the following named officers and served as herein stated.

That while a resident of Bottetourt County State of Virginia the year not certainly recollected he volun-teered for a three month Tour in the Company of Captain Joshua Martin in the Regiment of Col. Hugh Crockett and was marched to Haw river in North carolina and was in one engagement during the time the same being fought across the river with the British, the Headquarters was established at Troublesome Ironworks, he served out the full Tour and arrived at home a verry few days after the Battle of Guilford Courthouse, he received no written discharge.

afterward the month not now Known, still a resident of Bottetourt County of Virginia he was drafted for a three month Tour in the Company of Capt. Lewis in the Regiment he thinks of Col. Campbell. Major Lockhart was also an officer and was marched to James Town and was there engaged in a Battle
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(2)

General Wayne Commanded, he served out that Tour and received no written discharge.
afterward still a resident of Bottetourt he was drafted for a three month Tour in the Company of Capt Goodson in the Regiment of Col. Campbell was marched to and Joined the main army at York, Virginia, was engaged in the Siege of York and was at the taking & surrender of Lord Cornwallis, he does not know how much of that Tour he performed but at least two months, after the Surrender of Cornwallis he was directed to return home, he received no written discharge, he further states that as well as he recollects the Fall after the Battle of Kings Mountain while a resident of Bottetourt, he was drafted in the Company of James Barnett Captain to go against the Cherokee Indians was marched on towards the Cherokee Town and at the Long island on Holstien river, we understood that the army ahead of us had burned the Town and we all were discharged & returned home, how long he was engaged exactly he does not know but something like two months, he has no Documentary evidence of his Service, and Knows of no person by whom he can prove his service except the Tour which he served under Campbell at the Siege of York and the Tour against the Indians, he can prove by [illegible] County he believes those two Tours.

He Hereby further states that he is known to Martin Owens a Clergyman & Levi Huble [illegible] in his personal neighbourhood who can testify as to his character for veracity and their belief of
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(3)

his Services as a Soldier of the Revolution, he was Born in the State of Virginia, he does not know certainly where or the exact date, he is entirely illiterate and all he knows of his age is from his present recollection of what his Father told him about his age, about the age of Eleven his Father removed to the County of Bottetourt where this affiant lived until the county was divided and he continued to live in Bottetourt the county taken off while he was [illegible] of age [illegible, he then moved to Washington County Va & settled on Holstien and lived there until he removed to Pulaski County Kentucky about eighteen years since where he has continued to reside ever since, he has no Documentary evidence of his Service.

He hereby relinquishes every claim whatever to a pension or annuity except the present and declares that his name is not on the agency of any state or Territory

Sworn to and subscribed the day and year aforesaid.

his

William x Hays

mark

On this day personally appeared in Open Court before the Court aforesaid Caleb Cooper a resident of Pulaski County aged Tenty one years the 6th of January 1832, who being first duly sworn according to law doth on his oath state that he does of his own personal Knowledge know that William Hays was engaged in the Service of the United States as a soldier as he states in the Company of Capt. Goodson under the command of William Campbell, was marched & joined the main army at York, Virginia in the year 1787, was engaged the Siege of York, and was at the taking of Lord Cornwallis, does not know how long he served but thinks he served the length of time stated by the sd. Hays in the preceding Declaration

the said affiant Caleb Cooper further States that he does Know that the said William Hays was drafted in the Company of Capt. Barnett to serve against the Cherokee Indians as he states in his Declaration and Served as he states and he further states that he believes the said William Hays is of the age he states & entitled to Credit & belief.

Sworn to and Subscribed this day & year aforesaid

his

Caleb O Cooper

mark
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(4)

We Martin Owens a Clergyman residing in Pulaski County Kentucky and Levi Hubble Jr. residing in the same hereby certify that we are well acquainted William Hays who has subscribed and sworn to the above Declaration that he believe him to be of the age he states, that he is reputed and believed in the neighbourhood where he resides to have been a Soldier of the Revolution and that we concur in that opinion.

Sworn to & Subscribed the day & year aforesaid

Martin Owens

Levi Hubble Jr.

And the said Court do hereby Declare their opinion after the investigation of the matter and after putting the interrogatories prescribed by the War Department that the above named applicant was a Revolutionary Soldier and served as he states and the Court further certifies that it appears to them that Martin Owens who has signed the preceding Certificate is a Clergyman resident in Pulaski County Kentucky and that Levi Hubble Jr. who has also Signed the same is also a resident of said County and is a credible person and that Caleb Cooper who has signed one of the presiding affidavits is a resident of Pulaski County and is entitled to credit

Martin Owens

Levi Hubble

Christ Clonch}

Charloe Hays}

George W. Saunders}

Justice of the Peace &

member of the Pulaski County

Court

J. William Fox
Page 7

10519

State of Kentucky Pulaski County Set

At a County Court held for Pulaski County at the courthouse in the Town of Somerset on the 20th day of November 1843.

“On motion of William Hays who made oath as required by law. Certificate is granted him for obtaining letters of Administration in due form of law on the estate of Elizabeth Hays [illegible] whereupon Said William Hays with Thomas Reig his [illegible] & ack.d bond in the penally of one hundred dollars payable to the common wealth of Kentucky and conditioned according to law.”

State Kentucky Pulaski County Set.

I William Fox Clerk of the Pulaski County court do certify that the foregoing is a true Copy of the order of Said court granting to William Hays administration on the estate of Elizabeth Hays dec.d & touching the execution by him of his bond as Administrator.

In Witness whereof I have hereunto affixed my Official Seal & Subscribed my name this 1st day of February 1844.

Will Fox Clk
Page 8

State of Kentucky (set)

on this 15th day of January 1844 personally appeared before the court held for the county of Pulaski it being a court of record William Hays son, heir at law and Administrator of Elizabeth Hays, a resident of Kentucky in the County of Pulaski aged 50 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 July 7, 1838 entitled An act granting half pay and pensions to certain widows. That William Hays [illegible] his father, as he has been informed served as a private soldier in the war of the Revolution and received a pension under the act of congress passed 7th June 1832 at the rate of thirty one dollars & sixty six cents per annum and that the said William Hays was married 21st day of August 1785 in the county of Franklin State of Virginia, that he died on the 13th day of August 1838 leaving aforesaid Elizabeth Hays as his widow, that she died on the 18th day of February 1843 never having been married since the death of the said William Hays leaving Lovina Menifee late Lovina Hays wife of William Menifee Elizabeth Yanders late Elizabeth Hays wife of Chryslia Yanders Margaret Hardin late Margaret Hays wife of Mathew Hardin Isaac Hays Rachel Ruork late Rachel Hays wife of Thomas Ruork and this declarant William Hays as her only children then living.

Sworn to in open Court, the}

day month & year [illegible]} William hays
Page 9

This day John McFall aged 75 years personally appeared before me the undersigned a Justice of the peace for Pulaski County and made oath that he has been acquainted with William Hays dec. and Elizabeth Hays dec. about 50 years both in the State of Virginia and the State of Kentucky up to the time of both of their deaths and that they lived together during that time as husband and wife and was recognized by the neighbours and the laws both of Virginia and Kentucky as such and that the said Elizabeth Hays was never married after the death of her husband William Hays up to her death and that William Hays the declarant and administrator of Elizabeth Hays’ deed has always been reputed as their son.

John McFall

Sworn to before me by John McFall who is a man of irreproachable character this the 25th January 1844

JB Curd JP

This day Job Gastinew aged 58 years personally appeared before me the under-signed a Justice of the peace and made oath that he has been acquainted with William Hays dec and Elizabeth Hays dec ever since his earliest recollection that he knew them in the state of Virginia and in the state of Kentucky up to their death, that they lived together during that time as husband & wife and were recognized by their neighbours and the laws both of the state of Virginia and Kentucky as such
Page 10

during that time and that the said Elizabeth Hays dec never was married after the death of her husband William Hays but remained a widow until her death and that William Hays the declarant and administrator of Elizabeth has always been reputed to be their son.

his

Job x Gastinew

mark

Sworn to by Job Gastinew who is a man irreproachable character before me this 25th January 1844.

J.B. Curd [illegible]

This day William Gastineau aged 40 years personally appeared before the undersigned Justice of the peace for Pulaski County and made oath that he was at the house of William Hays and on the day of his death and [illegible] at the house of William Hays the administrator of Elizabeth Hays at whose house she died, on the day of the death of said Elizabeth Hays and believes from his best recollection that the days stated in the declaration of William Hays are the days on which each of them died, to wit William Hays dec. died on the 13th day of August 1838 and Elizabeth Hays died on the 18th day of February 1843 and that she never was married after the death of her husband William Hays.

William Gastineau

Sworn to by William Gastineau who is a man of irreproachable character before me a Justice of the Peace for Pulaski County this 31st January 1844

J.B. Curd Clk
Page 11

State of Kentucky Pulaski County Set.

I William Fox Clerk of the Pulaski County Court, do certify that at a county court held for said County on the 15th day of January 1844.

“The declaration of William Hays Administrator of the estate of Elizabeth Hays dec? “(which precedes the foregoing deposition)” in order to obtain the the benefit of the provision of the act of Congress passed July 7, 1838. Entitled “an act granting half pay and pensions to certain widows” was made on oath in open court “which” “was” ordered to be certified.” And the Same is certified accordingly.

I further certify that J.B. Curd Esqr. before whom the foregoing depositions of John McFall, Job Gastineau & William Gastineau, were taken sworn to & subscribed, is now as was at the time of taking & certifying said depositions, a Justice of the Peace in & for the County of Pulaski aforesaid duly commissioned and qualified and that his signature to his certificates annexed to said depositions are genuine, and that full faith & credit are due and ought to be given to all his official acts.

In testimony whereof I have hereto affixed my official Seal and subscribed my name this 1st day of February 1844.

Will Fox Clk
Page 12

“[illegible]|

of Marriages|

A List of Marriages solemnized by Jesse Rentfro Henry County one thousand

“Seven hundred and eighty three

“William Hays & Elizabeth Lemons

State of Virginia}

County of Henry} ss

I Jeremiah Griggs Clerk of the County Court for the County of Henry in the State aforesaid do hereby certify that the foregoing is a true Copy from the records of the said Court, with the exception of the date which is in plain figures “1783”

Given under my hand and seal of said Court at office this 13th day of February 1855

J Griggs Clk

Martinville Henry County, Va

15th Feby 1855

Alfred Smith Esq

Mt. Vernon Ky

Dear Sir,

I herewith inclose to you the record of the Marriage of William Hay and Elizabeth Lemons as found in my office. I cannot find the marriage license and it is probable that name as given as many persons were married in those days in this Country without a license by publishing the bonds of Montgomery, as it was called I suppose this record will answer your purpose.

Yours very respectfully

J Griggs
Page 13

Rocky Mount Franklin Co, Va

Jany 11” 1855

Dear Sir,

As you will see above, I have made an [illegible] and can’t find either the [illegible] Bond or evidence of the marriage of Wm Hays & Eliz Lemons, it is probable they were married before this was a county. This was not a County till the year 1786 and was formed of a part of Bedford & Henry Counties. I find only two [illegible] from Wm Hays to any one, in 1796 I find one from him to Hairston and also one to Harper, but in neither of these has his wife joined, her name not being mentioned at all, and those two are all I can find on record.

The fee is satisfactory

Respectfully

[illegible]

Ro. A. Scott
Page 14

Add widow

Elizabeth Hays

widow William

of Kentucky for

Rev Pension

Ky [illegible] 1838

Cole

filed by

John S Edwards
Page 15

26.693
William Hays
Pulaski Co. 
[underline] Ken.
from 1781 Private
9 1/2 months
$ 31.66
[illegible]
31.66
31.66
15.83
[underline]
79.15
William Fox
[illegible] Pulaski Co.
Ken
Page 16

War Department, Pension Office,
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 percieve that objections exists, which must be removed, before a pension can be allowed. The notes and the regulations with shew [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 William Hays. 
[table]
[headings]  (1) Period when the service was rendered | (2) Duration of the claimant's service [subheaders] (2a.) Years. | (2b.) Months. | (2c) Days. | (3) Ranks of the claimant | (4) Names and ranks of the Field of officers under whom he served. | (5) Age at present, and place of abode when he entered service. | (6) Proof by which the declaration is supported.
[data]
1781 | | 3 | | Pr | Cap Martin Col Crockett | 77 Va | Traditions and [illegible]
| " | | 3 | | " | Cap Lewis Col Campbell | | | 
| " | | 2 | | " | Cap Goodson Col Campbell | | | 
| " | | 1 |  1/2| R | Cap Barrett | | | 
 | | 9 | 1/2

I am, respectfully,
Your obedient servant, J. L. Edwards, Commissioner of Pensions.
Page 17

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 of cases 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} ss.

County of}

On this		day of	personally appeared 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 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 was 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.

I,	Clerk of the Court of	do hereby certify 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, this	day of	&c.

Every applicant will produce the best proof in his power. This is the original discharge or commis-sion, 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, whether 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
Page 18

3

alleged service, as they are known to the Department. A very full account of the services of each person 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-pected. 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 for 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 inquiry whether the belief in 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, attend 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 made 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 he 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 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 services; 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 each applicant served, [illegible] particular rank [illegible] held, as the [illegible] 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 no 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 or 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 and 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 [i] 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.
Page 19

Rev. & 1812 Wars Section

August 24, 1926

E. S. Wood

118 J-K Bldg., Government Hotels

Washington, D. C.

Madam:

I have to advise you that from the papers in the Revolutionary War pension claim R. 4783 it appears that William Hays was born in Virginia, date and place not stated, and when about eleven years of age moved to Botetourt Coun-ty, Virginia.

While a resident of said Botetourt County he enlisted, served three months as a private in Captain Joshua Martin’s Company, Colonel Hugh Crockett’s Virginia Regiment and was in the battle of Haw River. He enlisted again and served three months as a private in Captain Lewis’ Company, Colonel Campbell’s Virginia Regiment and was in the battle of James-town, Virginia.

He enlisted in 1781, served two months as a private in Captain Goodson’s Company, Colonel William Campbell’s Virgin-ia Regiment and was at the Siege of Yorktown. He also served a tour of two months in Captain James Barnett’s Virginia
Page 20

Company against the Cherokee Indians.

He moved from Washington County, Virginia to Pulaski County, Kentucky where he was allowed pension on his ap-plication executed December 17, 1832, at which time he was aged between seventy-seven and seventy-eight years. He died August 13, 1838 in Pulaski County, Kentucky.

Soldier married in 1783 in Henry County, Virginia, Elizabeth Lemon. She died February 18, 1843 in Pulaski County, Kentucky, leaving the following children surviving: Lovina (or Levina), wife of William Menifee; Elizabeth, wife of Chryslia Yanders or Yonders; Margaret, wife of Mathew Hardin; Isaac Hays; Rachel, wife of Thomas Ruork or Ruarch; and William Hays.

Respectfully,

E. W. MORGAN

Acting Commissioner
Page 21

Rev

PENSION

E

JUN

U. 3 S.

1910
Page 22

June-1-1910

Commissioner of Pensions:-

Washington D.C.

Dear sir:-

The record herewith en-closed explains why I am writing to your department. Roger Tandy our ancestor was supposed to be from Or-ange Co. Va. and married Sarah Quarles of that county. Is there any record of a pension to his wife or children? Was she a daughter of Wm Quarles and did he serve in the Rev. War? Henry Tandy son of Roger & Sarah (Quarles) Tandy married Ann Mills [illegible] of Charles Mills. Is there any record of the service of this Charles Mills? I shall appre-ciate most highly any information which will prove that the Roger Tandy whose record is herewith
Page 23

= 2 =

given, was the Roger Tandy of Orange Co. Va. who married Sarah Quarles. There were others by the name of Roger and it re-quires proof to know this was our ancestor.

Did the heirs of Wm Hays a Rev-olutionary soldier of Va. draw a pension? If so, will you please to give me their names?

Thanking you in advance

I am most sincerely,

Mrs. L.B. Tandy

1611 Amelia St.

Columbia

Mo.

JUN 3- 1910
Page 24

AD

3-871

RECORD DIVISION.

Department of the Interior,

BUREAU OF PENSIONS

Briefed by W T C

Claim No. 6/18/’10

Certificate No.

Claimant

Soldier Wm Hays

Service Va. Rev.

Additional Service

No	claim, State records	, 190

No claim, combination records	, 190

REMARKS:

No claim as above

except OWIF Reg. 4,783 constituted 47,252.

of OANavy Reg 1,223

0-8	Chief Division
Page 25

states, 1835.

This William Hays, who served in the Virginia Militia, was a son-in-law of Daniel Boone, and I am trying to complete a Revo-lutionary line for some of their descendants in Missouri. Any dates, names of localities, or personal names, etc. will be much appreciated.

Thanking you for the trouble, I am

Yours truly

E. S. Wood

Govt. Hotels

118 J-K
Page 26

4 July 1926.

Pension Office,

Washington, D.C.

Dear Sir:-

Will you kindly give me any information possible from the pension papers of one William Hays, of Kentucky?

He is named on page 132 of the U.S. Pension roll-Southern and western
Page 27

states, 1835.

This William Hays, who served in the Virginia Militia, was a son-in-law of Daniel Boone, and I am trying to complete a Revo-lutionary line for some of their descendants in Missouri.

Any dates, names of localities, or personal names, etc. will be much appreciated.

Thanking you for the trouble, I am

Yours truly

E.S. Wood

Govt. Hotels

118 J-K
Page 28

sion on file in this Bureau. William Hays Reg 4783

DATES OF ENLISTMENT OR APPOINTMENT.

LENGTH OF SERVICE.

RANK.

OFFICERS UNDER WHOM SERVICE WAS RENDERED.	CAPTAIN.	COLONEL.
STATE.

‘Haw River	3 mos.	Pvt.	Joshua Martin	Hugh Crockett	Va

‘Jameston	3 mos.	“	Lewis	Campbell

Sg. Y- 1781	2 mos.	“	Goodson	William Campbell

[illegible] after battle of [illegible]	2 mos.	“	James Barnett

Haw River

Battles engaged in, Jamestown Siege of York, taking of Cornwallis

Residence of soldier at enlistment, Botetourt Co. Va.

Date of application for pension, Dec 17, 1832 [illegible]

Residence at date of application, Pulaski Co, Ky

Age at date of application,) but 77 and 78, born in Va

Remarks:	) lived in Pulaski Co. Ky. Aug. 13, 1838

I [illegible] in Henry Co. Va 1783 Elizabeth Lemon [illegible] died in Pulaski Co. Ky. Feb 18 1842 [illegible] The following children Lovina or Levina wife of William Menifree, Elizabeth wife of Chrislia Yanders or Yonders, Margaret wife of Mathew Hardin, Isaac,  Rachel, wife of Thomas Ruork or Ruarch and William.

Very respectfully, {Names of deposition of [illegible] claim [illegible] as the required evidence [illegible] later.
Page 29

William Hays and Thomas Reid are held & firmly bound unto the Commonwealth of Kentucky in the just and full sum alone hundred dollars for the payment of which well and truly to be made we find ourselves our heirs to jointly and severally firmly by these present witnesses our hand & seals this 20th day of November 1843. The condition of the above obligation is such that if the above bound William Hays administrator of the goods chattles and credits of Elizabeth Hays, deceased do make a just & perfect inventory of all Singular the goods chattles & credits of the said deceased which have or shall come to the hands possession or knowledge of him the said William Hays or into the hands or possession of any other person or persons for him and the same so made do exhibit unto the Pulaski County Court when he shall be thereunto required by said court and such goods chattles and credits do well and truly administer according to law and further do make a just and true account of his actings and doing therein when thereto required by the said court and all the rest of the said goods, chattles, and credit which shall be found remain-ing upon the account of the said administrator the same being first examined and allowed by the justices of the said court for the time being shall deliver and pay unto such persons respectively as are entitled to the same by law and if it shall hereafter appear that any last will and testament was made by the said deceased and the same be proven in court and the executor obtain a certificate of the probate thereof and the said William Hays do in such case being required sender and deliver up his letters of administration then the
Page 30

above obligation to be void. Else to remain in full force & virtue.

Signed Sealed & ack. in}	William Hays ([illegible])

Presence of the court}		Thomas Reid ([illegible])

I William M. Fox Clerk of the County Court within and for the County and State aforesaid do certify that the foregoing is a true copy of the order of court granting administration to William Hays on the estate of Elizabeth Hays deceased from the records of my office and of true copy of the bond given and now on file in my office by said William Hays as adminis-trator aforesaid.

In Witness whereof I hereunto Subscribe my name and the Seal of my office at office in the town of Somerset this 2nd day January 1855.

[illegible]	Att

To copy order of court granting administration 10.0

Copy admors bond 25.0

Seal & Certificate 1.00

$1.35

Will. M. Fox Clk

Pulaski Cty. Court
Page 31

POWER OF ATTORNEY.

KNOW ALL MEN BY THESE PRESENTS, that I William Hays of the county of Pulaski and State of Kentucky Administrator of the estate of Elizabeth Hays deceased the widow of William Hays (deceased) that in consideration of divers good causes, do hereby constitute and appoint JS Edwards of Washington City, my true and lawful attorney for me and in my name to examine all papers and documents on file in any Department or office of Government, upon which an application was made for a Pension by the said Elizabeth Hays decea. in her lifetime from the county of Pulaski and State of Kentucky for the benefit of the Pension act of Congress passed 7 July, 1838 on account of the services of her husband the said William Hays, deceased, in the Revolutionary War and to obtain by all lawful means any and all amounts of Pension money may be found due her from the United State by virtue of said services, of the Said William Hays who was a U.S. Pesnioner of Pulaski Co. Ky. in his lifetime under any act of Congress heretofore passed; said attorney is moreover authorized in my name to file additional evidence or argument, and to do all lawful acts and things whatsoever touching the premises, with full power of substitution , hereby revoking and countermanding all former Powers of Attorney that may have been given in the premises, and do vest the same irrevocably in said attorney herein appointed said JS Edwards

In testimony whereof I have hereunto set my hand and seal this 22 day of December in the year of A. D. 1854.

In presence of	William Hays [SEAL.]

James Barron	[SEAL.]

STATE OF State of Kentucky

COUNTY OF Pulaski}

ON this 22d day of December in the year A. D. 1854, personally appeared before me a Justice of the Peace duly authorized by law to administer oaths and take acknowledgements in and for the county and State aforesaid William Hays subscriber to the foregoing power of attorney, and acknowledged the signing, sealing and delivering the same to be his act and deed, for the uses and purposes there mentioned, and made oath in due form of law that he is personally interested in said claim as set forth, and is personally known to me to be the identical individual represented, and is a respectable resident of the county aforesaid, and I have no interest in this claim or concerned in its prosecution; erasures and interlineations &c., were made before signed.

James Barron J. P.
Page 32

State of Kentucky}

Pulaski County} Set

I William M Fox Clerk of the County Court for the County afsd. do certify that James Barron whose genuine sign-ature appears to the within & foregoing certificate is and was at the time of signing the same an acting justice of peace within and for said County duly commissioned and qualified and that all his official acts as such are entitled to full faith and credit.

In Witness whereof I have Subscribed my name as clerk aforesaid and affix the Seal of my office at office in the Town of Somerset this 2nd day January 1855.

Will. M. Fox Clk

Pulaski Cty Court

State of Kentucky Pulaski County Court Set

Nov. Term 1840.

“On motion of William Hays who made oath as required by law, certificate is granted him for obtaining letters of administration in due form of law on the estate of Elizabeth Hays decd. Whereupon said Wiliam Hays with Thomas Reid his [illegible] ex & [illegible] bond on the penalty of one hundred dollars payable to the Common-wealth of Kentucky and conditioned according to Law.

A Copy	AD Will. M. Fox Clk

The bond refered to in the above county court order follows in these words & figures, towit.

“Know all men by these presents that we
Page 33

State of Kentucky}

County of Pulaski}

Be it known that on this 23d day of march 1855 personally appeared before me a Justice of the peace in and for the county and state aforesaid James Gastineau, aged 38 years a resident of the county of Pulaski in the state aforesaid and reputable witness who being duly sworn according to law upon his oath doth make the following affidavit, says that he has been intimately acquainted with William Hays (deceased) and Elizabeth Hays deceast his wife from his infancy [illegible] and was thus neighbor during the lifetime of said William Hays, and Know the said William Hays was a United States Revolutionary Pensioner of the county of Pulaski and State aforesaid in his lifetime, and Know the marriage of the said William Hays and Elizabeth his wife was never questioned or doubtable and was regarded by their neighbors as husband and wife, that the said William Hays died in the county of Pulaski in the state of Kentucky many years ago leaving said Elizabeth Hays his wife a widow who remained his widow to the date of her own (decease) which too place in the county of Pulaski in the state of Kentucky on the 18t day of February 1843, that this deponent was at her burning and visited her said grave on this day and date first above written and [illegible] inscribed on the head stone
Page 34

of her said Grave, the date aforesaid, that Elizabeth Hays died on the 18t Feby 1843, this deponent Know the said inscription to be genuine, was present when the same was cut or inscribed as aforesaid on the date she died, and left at her decease, her following children, Viz, Levina Menifee late Levina Hays, Elizabeth Yonders late Elizabeth Hays, Margaret Harden late Margaret Hays, Rachel Ruarch late Rachel Hays, William Hays, the only children now alive of the said Elizabeth Hays (decease) she had by her husband the said William Hays (deceased) and the said William Hays (deceased) is the Identical Revolutionary Pensioner who is the husband of said Elizabeth Hays whose children is now the applicants for the arrears of said Pension from the county of Pulaski in the state of Kentucky to the pension office at Washington City and serares that he is disinterested.

James Gastineau
Page 35

1910 June 13 Hist

Mrs. L.B. Tandy of L.M

1916 Aug. 14 Hist. to E.S. Hood [illegible]

Acts of July 14, 1862, and March 3, 1873.

4783

P. O. Elizabeth Hayes

Service: Widow of William

Enlisted:	, 18

REJECTED

Discharged:	, 18

Application filed:	, 18

Alleges:

Re-enlisted:

Attorney:

P. O.

	Recognized.	Contr.

	Cert. of Dis.	Searched for	, 18
Page 36

Elizabeth Hays widow of William for Rev Pension Act 7 July 1838 Kentucky suspended file
Page 37

10.519

Elizabeth Hayes decd

Widow of William

Ky

Hon J White May 23 1844

[illegible] A Buckner Jany 8 1849

JH Sanders May 10 1849

W W. Haley June 18 1849

J. S. Edwards Feby 15 1855

Set same May 26, 1855

Rejected 4783

July 7, 1838
Page 38

V

Nr. 10519

Elizabeth Hayes, decd

Kentucky

Let. to Hon J. White May 23, ‘44

Let. to Hon A. Buckner

Jany 8th ‘49

Let to J. H. Saunders

May 10 ‘49

Act 7th July ‘38
Page 39

Let. to W. W. Haley

June 18th ‘49
Page 40

Application for Recd. pensions, by Wm Hays admr. of Elizabeth Hays for pensions [illegible] her husband William Hays deceased

(papers in) John H. Saunders

7 April ‘49

Somerset, Ken
Page 41

May [illegible]

Army

John H. Saunders
Page 42

State of Virginia}

County of Franklin} To wit.

I Robert A. Scott Clerk of the County Court in and for the County and State aforesaid do hereby certify that there is no marriage license bond [illegible] by William Hays, nor no return of the marriage of William Hays and Elizabeth Lemon on file in any office.

Given under my hand and the Seal of the Court this 11h day of January A.D. 1855 in the 79h year of the Commonwealth.

Ro. A. Scott Clk
Page 43

Add evidence

Elizabeth Hays wid

of William for Rev

Pension

Kentucky suspended

file Jus 1838

Cole

filed by

John S. Edwards
Page 44

State of Kentucky}

County of Pulaski}

Be it known that on the 23d day of march 1855 personally appeared before me a Justice of the peace in and for the county and state aforesaid William McBarren aged 32 years a resident of the county and state aforesaid and Known to me to be respectable witness, who being first sworn according to law, upon his oath doth make the following affidavit says that he clearly recollects of seeing William Hays before his disease, who this deponent has always understood, was a Revolutionary Pensioner in the county of Pulaski in the state of Kentucky in his lifetime, and that he died in Pulaski county Kentucky many years ago, leaving Elizabeth Hays his wife a widow who remained his widow to the date of her own decease, that her said death took place in the county of Pulaski in the state of Kentucky on the 18t day of February 1843. This deponent said and was at her buring, and made the insctip-tion on the head stone on the day she the said Elizabith Hays was buried, which inscription bears the above date 18t February 1843, on the head stone of her said Grave, saw said inscription said date of inscription “On the day first above written which this affidavit by this deponent sworn to, the only children she left this deponent is acquainted with is as follows: William Hays, Rachel Ruarch late Rachel Hays, Elizabeth Yonders late
Page 45

Elizabeth Hays is all the children this deponent knew of said Elizabeth Hays decsd. and swore that he is a [illegible] witness.

William McBarron

State of Kentucky

County of Pulaski

I James Barren a Justice of the peace in and for the county and state above named do hereby certify that James	Gastineau and William McBarren, whose names are respectfully assigned to each of these foregoing depositions, personally appeared before me on the day and date first above written, and made oath to these forgoing depositions under-standingly, and each of them signed these forgoing depositions in my presence with their own hands. I further certify that these said deponents are both Known to me to be respectable witnesses and residents of the county aforesaid whose oath is entitled to full faith and credit and I have no interest in this claim or concerned in its prosecution.

James Barren JP
Page 46

State of Kentucky}

County of Pulaski}

I William M. Fox	Clerk of the county court in and for the county and State above named do hereby certify that James Barren	Esqr. before whom the foregoing affidavit was made, and who has thereunto signed his name, was at the time of so doing a Justice of the peace in and for the county and state aforesaid, duly commissioned and sworn as the law directs, that all his official acts as such are entitled to full faith and credit, and that his sign-ature thereto is genuine and the county court aforesaid is a court of Record.

In Testamony whereof, I have hereunto signed my name and affixed my official seal this 26th day of March 1855

William M Fox	Clerk
Page 47

State of Kentucky

Pulaski County Set

March Term 1855

It is hereby ordered to be certified that satisfactory evidence, was on this day exhibited to the county court, holden in and for the county aforesaid now in session, by the depositions of James Gastineau, and William McBarren, and was by the said court approved, which is hereto attached, and is Known to said court to be Respectable witnesses and residents of the county aforesaid.

That William Hays a united states Revolutionary Pensioner, died in the county of Pulaski in the state of Kentucky many years ago, leaving at his decease Elizabeth Hays his wife a widow who remained his widow to the date of her own decease, which took place in the county of Pulaski in the state of Kentucky on the 18t day of February 1843, leaving her following children ([illegible]) Levina Menifee, late Levina Hays, Elizabeth Yonders, late Elizabeth Hays, Margaret Harden late Margaret Hays, Rachel Ruarch, late Rachel Hays, William Hays, the only children now alive of the said Elizabeth Hays (deceased) she had be her husband the said William Hays (deceased) and that William Hays aforesaid is the administrator of her est- appears of Record in my office.

In Testimony whereof I have hereunto signed my name, and affixed my official seal on this 26th day of March 1855

William M Fox	Clerk
Page 48

26.693

Hays William’s

Pension Papers.

Kentucky Pulaski County

Court Dec. Term 1832

Sent to PO. To be Certifyd.
Page 49

(5)

I William Fox, clerk of the Court of Pulaski County, do hereby Certify that the foregoing Contains the Original Proceedings of the said Court, in the matter of the Application of William Hays for admission.

In testimony whereof I have hereunto set my hand and affixed my Private Seal (no Seal of Officiant Provided) at my Office in the Town of Somerset, this 18th day of December 1832.

Will Fox, Clk of the Pulaski County Court}

State of Kentucky Set

I Nathan Gaither Member of Congress from the State of Kentucky Do Hereby Certify that Will Fox, whose signature is affixed to the above and foregoing Certificate on the Declaration and proceedings in the matter of the application of William Hays for a pension, is the acting Clerk of the Pulaski County Court, duly appointed and qualified, and that his attestation is in due form of law and that the signature aforesaid is the genuine signature of the said Will Fox.

Given under my hand this 4th day of May 1833

Nathan Gaither
Page 50

Seen sir enclosed I send you the declaration of William Hays for a Pension please examine & return me the certificate as soon as practicable.

Yours in haste

W.W. Haley
Page 51

10519 Feb 14 1844

Ky

Elizabeth Hays

7 July 1838

Pension Office

War department

Washington City

[illegible] 32

FREE

10579

Elizabeth Hayes decd

Ken.

Act 7, July 38

[illegible] 38, [illegible] of 43
Page 52

William Hays Jr

dec.d

[illegible]

SOMERSET

OCT

18

KY

J. L. Edwards Commissioner of Pensions

Washington City

The papers not in any discharge

Oct 20/44

Pr

[illegible]
Page 53

State of Kentucky

Pulaski County Set

On this 6th day of October 1848 before the undersigned a Justice of the peace in and for said County personally appeared Ruth Meazel personally appeared known to me to be entitled to credit aged 62 years who being first duly sworn according to law states that she is the Sister of William Hays Sr deceased on account of whose service William Hays Administrator of Elizabeth Hays deceased is an applicant for a pension, she states that the eldest child of said William & Elizabeth is older than she, that the said William Hays and Elizabeth were living together as husband and wife ever since her earliest recollection which was previous to the first day of January 1794 from the information of her father and mother, William & Elizabeth were married before she the affiant was born, she has a distinct recollection from the age of some of the children of William & Elizabeth Hays, that they were living together and recognized by the relations as husband and wife previous to the time above stated ([illegible]) first day of January 1794.

her

Ruth x Meazel

mark

Sworn & Subscribed before me	Levi Huble JP
Page 54

State of Kentucky

Pulaski County set

I William M Fox clerk of the Court of Pulaski County do certify that Levi Hubble is a Justice of the peace in and for said County duly commissioned and sworn and that Signature above is genuine. Given under my hand and Seal of office this 10th day of October 1848.

Will M Fox clerk

Pulaski County Court
Page 55

Somerset Ky Oct 10th 1848

Dear sir I herewith send you down additional evidence in the Case of Elizabeth Hays which I hope will be sufficient, if so you will please send me a certificate [illegible]

WW Haley