Revolutionary War Pension and Bounty Land Warrant Application File R. 4788, Samuel Hays, Md.
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MD          Hoays, Samuel     R 4788
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Samuel Hayes
North Carolina
Rejected did
not serve six months
See letter  22 Feb 37
to ?. Lilliman Salisbury 
N. C.

4788
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[crossed out with line] Acts of July 14, 1862, and March 3, 1873.[/crossed out with line]

4788 [handwritten]
P.O. [blank line]
Samuel Hays [handwritten/signed]
Service: [blank line]
Enlisted: [blank], 18
Discharged: [blank], 18
Application Filed: [blank], 18
REJECTED [stamped across the prior 3 lines]
Alleges: [2 blank lines]
Re-enlisted: [2 blank lines]
Attorney: [blank line]
P.O. [2 blank lines]
[blank] Recognized. [blank] Contra
[blank] Cert. of Dis.     Searched for [blank], 18
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Samuel Hayes
Declaration
15800
[checkmark]
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State of North Carolina
Rowan County

On this twelfth day of October 1832 personally appeared [unsure] Court, before
the Judge of the Superior Court of [unsure] Rowan County now stating[?] the same
 [inserted between this and next line] a resident of said County
being a [unsure] of [unsure] Samuel Hays aged seventy two years from being first
duly sworn according to law that on this
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In the absence of any regular Clergyman
We Jeremiah Welmon and William Deadman resident in Rowan
County do hereby certify that we are well acquainted with Samuel Hays
who has signed and sworn to the foregoing Declaration that we believe
him to be about Seventy two years old; that he is respected and believed 
in the neighborhood where he resides to have been a Soldier of the
Revolution and we concur in that opinion.

Jeremiah Welmon
William Deadman

Sworn to and subscribed in open Court
the day and year aforesaid

Hy Giles

And the said Court doth hereby declare its opinion after investigation of
the matter and after putting the interrogatories prescribed by the War Department
that the above valued applicant was a revolutionary soldier and served as he states.

And the Court further certifies that it appears to him that Jeremiah Welmon
and William Deadman who have signed the preceding certificate are residents
in Rowan County North Carolina are credible persons and that their statement
is entitled to credit.

Oct. 13th 1832  James Martin 

I Henry Giles Clerk of the the Superior Court of [illegible] Rowan County do
hereby certify that the foregoing is the original recording of said Court
in the matter of the application of Samuel Hays for a pension and that
James Martin is the Judge of said Court for this term.
 
In testimony whereof I have hereunto set my hand and seal of office
this 23rd day of October 1832.

Henry Giles [illegible]
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BRIEF objections to the admission of Pension Claims, of which those
answered in the negative, in red ink, will apply to the claim of
Saml Hays which require
further proof or explanation.

I.  Does the declaration show where the applicant resides?  Yes

II.  Did the declarant make the declaration in the county where he resides?  Yes

III.  If the applicant did not make the declaration in the county where he resides, is there any reason
assigned for his not doing so?

IV.  Has the declarant mentioned the period or periods of the war when he served?  Yes

V.  *Has he mentioned with precision the length of his service, and the different grades in which he
serviced, in language so definite as to enable the department to determine to what amount of pension
he is entitled?  Yes

VI.  Has he given the names of the officers under whom he served, in conformity with the regulations?  No

VII.  Has he made a relinquishment of every claim to any other pension than the one under the Act of
June 7, 1832?  Yes

VIII.  Has the Court given their opinion?  Yes

IX.  Has the Clerk given his certificate?  Yes

X.  Is the Clerk's seal affixed?  And if so, has it a device or inscription by which it can be distinguished
from any other seal?  Yes
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2


XI.  Has the applicant obtained the evidence of a clergyman and another respectable citizen as to
their belief respecting his age and the general belief in his neighborhood relative to his revolu-
tionary service?  No Clergyman

XII.  If the clergyman's affidavit has not been produced, is there any reason assigned for not obtain-
ing it?  No

XIII.  If the applicant has no documentary evidence, and has not obtained the testimony of at least one
living witness, has he stated in his declaration that such proof cannot be had?  No

XIV.  +If the applicant's name is not found on the rolls of military service, has he produced a witness
or witnesses as to his service?

If he has produced direct proof as to service, hs the magistrate who administered the oath,
certified to the credibility of the witness or witnesses?

Has the proper officer certified to the official character and signature of the magistrate as the
regulations direct?

XV.  Does it appear from any of the papers that the witness was in such a situation, or of such an age,
as to have personal knowledge of the applicant's service?

XVI.  ++Are the papers authenticated as the regulations direct?  Yes

XVII.  Are the seven interrogatories prescribed by the War Department answered satisfactorily?  And,
if not, which them is not so answered?  5, 7 not answered

EXPLANATORY NOTES.

*QUERE V.  In a case where the applicant cannot, by reason of the loss of memory, state precisely how
long he served, he should amend his declaration by making an affidavit in the following words:

"Personally appeared before me, the undersigned, a Justice of the Peace, &c. A. B. who, being
duly sworn, deposeth and saith, that, by reason of old age, and the consequent loss of memory, he
cannot swear positively as to the precise length of his service, but according to the best of his recol-
lection 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 _____ day, I served as a _____; and for such service I claim a pension.
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  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 [begin words in intalics] about three or four months [end of words in italics] is too in-
definite, and all such qualifying expressions are objectionable.  Some persons who apply for pensions
merely state 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 objection-
able.  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 authority; that he was either
in the field or in garrison; and for the time during which the service was performed, he was not em-
ployed In any civil pursuit.

+QUERE XIV.  Proof of Service. [in italics]
  In a case where the name of the applicant is not found on the records of the Department, he must
prove his service by two credible witnesses, who are required to set forth in their affidavits the time of
the claimants entering the service, and the time and manner of his leaving the same, as well as the
regiment, company, and line to which he belonged.  The magistrate who may administer the oaths
must certify to the credibility of the witnesses, and the official character and signature of the magic-
trate must be certified by the proper officer, under his seal of office.

++QUERE XVI.  Mode of authenticating papers. [in italics]
  In every instance where the certificate of the certifying officer who authenticates the papers is not
written on the same sheet of paper which contains the affidavit, or other paper authenticated, the cer-
tificate 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.

[right hand symbol] In every case where the clerk of the court, or other certifying officer, has no public seal of
office, the certificate of a member of congress, proving the official character and signature of the
certifying officer, should accompany the papers.
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15866
Sam^l Hayes
N. C
rejected

Sam^l Lilliman
Salisbury, NC
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BRIEF [in italics] in the case of Saml. Hays
County of Rowan in the State of North Carolina
(Act 7th June, 1832.)

1.  Was the declaration before a Court of a Judge?  Court

2.  If before a Judge, does it appear that the applicant is disabled by bodily infirmity?

3. How old is he?  72

4.  State his service, as directed in the form annexed.

[Beginning of form]

Period.  
Vol  in 1781

Duration of Service.       
Years,  Months,  Days.
                  9
                   1
Rank.      
As a
Private
"

Names of General and Field Officers 
under whom he served.
Lieut Nicholls Large
Hoggins

after one day march allowed to go home afterwards performed one
months service which was all the service performed during his engagement
of 9 months.

[End of form]

5.  In what battles was he engaged?  None

6.  Where did he reside when he entered the service?  Montgomery County, Md.

7.  Is his statement supported by living witnesses, by documentary proof, by traditionary evidence, by
incidental evidence, or by the rolls?  tradition

8.  Are the papers defective as to form or authentication? and if so, in what respect?  defective in
form, Certf of Clergyman wanting

I  CERTIFY, that the foregoing statement and the answers agree with the evidence in the case above
mentioned.

Chs W Forrest
Examining Clerk [in italics]