Revolutionary War Pension and Bounty Land Warrant Application File S. 31,709, Jacob Gray, N.C. S.C.

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( 3 - 1776)
SERVICE
N. C.
S. C.

Gray, Jacob

NUMBER
S. 31.709

CONTENTS

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26. 112
Arkansas
====================
Jacob Gray
of Pulaski C. in the State of [illegible]
who was a Pr in the Company commanded
by Captain Foster of the Regt commanded
by Col Hampton in the North Carol [illegible] & So Carolina 
line for 
Militia & So.
1 yr 5 Mo 5 Ds  $56.66
============================
Inscribed on the Roll of Arkansas
at the rate of 56 Dollars 66 Cents per annum,
to commence on the 4th day of March, 1831.
==============================
Certificate of Pension issued the 7th day of March
___________and send to
1834 Hon A H Sevier, H R
=================================
Arrears to the 4th of March 34                                  169.98
Semi-anl. allowance ending 4th Sept [illegible ]     28.33
                                                                                             ======
                                                                                             $198.31
{Revolutionary Claim,}
{Act June 7, 1832.       }

Recorded by John P Sprague.  Clerk,
Book E-   Vol.   8.   Page 137

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1.
Declaration, in order to obtain the benefit of the act of Congress, passed June 7, 1832.

United States of America,
Territory of Arkansas Ss.  Superior Court.

On this the thirtieth day of January A.D. 1834, personally appeared in open Court before the Superior Court for said Territory of Arkansas now sitting at Little Rock in the County of Pulaski, Jacob Gray a resident in said County and Territory, aged seventy-one 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 act of Congress, passed June 1832. 

That during the year 1780, and about two months of 1781 he was engaged in the State of North Carolina as a private in two companies of Rangers commanded by Captains John Foster and Robert Davis, serving alternately sometimes in one company and then in the other; these companies were organized for the purpose of making head against the Tories in said State. That soon after he left this service, in the month of March or April in the year 1781 he enlisted again under captain John Foster above mentioned, in North Carolina, in the regiment of Colonel Henry Hampton, commissioned by General

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Sumpter to raise troops for the service in South Carolina; these were called the State Troops of South Carolina -- soon after his enlistment in these state troops, they marched in to South Carolina and joined General Sumpter troops at Head Quarters, on the Congaree River; where the regiment was organized, and the enlistments not being sufficient for two regiments, Col. Wade Hampton having also been appointed to raise a regiment, this applicant was transferred to Captain Jacob Barnett Company in Colonel Wade Hampton's regiment, and Col. Henry Hampton and Captain Foster retired from the service. Soon after we marched to Thompson's Fort on the Santee River, in possession of the British and Tories, and found there a party of State Troops operating against
the Fort, at this place we remained a few days, but before the Fort was captured, a detachment of State Troops, among whom was this applicant, with a brass field piece was ordered to Orangeburgh to take a part there in possession of the British & Tories, as soon as the detachment arrived there, the commander sent in a flag and demanded a surrender; but instead of surrendering they commenced firing on the State Troops - when three round fined through their fort (a large brick house,) from the brass field piece, silenced their fire, and compelled an immediate surrender.

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3
During the summer, the troops to whom this applicant belonged, was principally engaged in suppressing and keeping down the Tories. He was in the Battle at the Eutaw Springs, at this engagement General Greene commanded the Americans, and Colonel Lee and Washington were there with their troops of horses; in this battle, Col. Wade Hampton had his horse killed under him, this while in the act of charging upon a party of the British, about 200 in number, (who from
their appearance were Scotch, being dressed principally in Scotch bonnets), who fell upon the Americans in their rear Hampton mounted a soldiers horse, and soon compelled this party to surrender as prisoners. During the battle, Col. Washington, with about one hundred horsemen, made a charge down the road upon the British Cannon, but did not succeed-- the road was strewed with his dead and wounded men and horses, and Washington's own horse was killed under him and himself captured by the British and carried to Charleston-- next morning there was but thirteen men of Col. Washington's troop left fit for duty. After the Battle of the Eutaw Springs, the troops to which the applicant belonged were engaged about Orangeburgh & through that part of South Carolina, in watching and suppressing the Tories without being in any other battle of Note.

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4
This applicant had at first volunteered and enlisted in the State Troops for ten months; but before the expiration of his Term, a detachment, under Captain Barnett, in which this applicant was, on the application of an officer from the state of Georgia, was sent through that state into the wilderness towards the Altamaha River; the object of which was, as this applicant believes, to overtake and bring back a certain Daniel McGirt who, it was said, had unlawfully seized about one hundred negroes and other property, belonging to other persons, and was carrying them off to St.  Augustine, The Officer of this detachment, when it had penetrated within a few miles of the Altamaha, learned from some Indians and Traders that McGirt had crossed the river, when the detachment immediately returned. After the return of this detachment, the troops composing it were disbanded and returned to their homes, their Term of service having previously expired, the balance of the State troops had been disbanded before their return, This applicant left the service, and arrived at about the same time in the spring of 1782, that he had enlisted in the spring of 1781, having served about twelve months from this service he never received a written discharge

Soon after his return home, in the spring of 1782, into the State of North Carolina, his brother Shared Gray, who lived in the State of South Carolina, was

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5.
drafted to perform a three months tour in the Militia of that State (South Carolina, as a private soldier, and his affairs being so that he could not leave home conveniently, this applicant took his place and served a tour of three months in the South Carolina Militia, as a substitute for his brother. He joined his company commanded by Captain Benjamin Sale, in what is now called Kershaw District, and marched to Dorchester under Sale, and joined a large body of troops at that place (a thousand or fifteen hundred men perhaps). The militia to which he belonged lay encamped at Dorchester until the expiration of their term, when they were disbanded, & this applicant returned home, but does not recollect whether he received a written discharge or not; and if he did, that it is lost and cannot now be produced. That he lived in Mecklenburgh County in the State of North Carolina, at the time that he entered each of the respective services above mentioned. He was born in Granville County, North Carolina in the the 31st day of August in the year 1762 according to the account of his parents and has no other record or evidence of his age. He was carried to Mecklenburgh County aforesaid by his parents, when he was about two years of age. Since the Revolutionary war he has resided in Kershaw and Lancaster District in South Carolina
in Williamson County, Tennessee, and now resides

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and has for the last thirteen years in Pulaski County, Arkansas Territory. He refers to Hon Benj Johnson, Col. Samuel M. Rutherford, Hon. Ambrose H. Sevier now at Washington City, and --- who then testify as to his character for veracity and their belief as to his services as a soldier of the Revolution. He also refers to Genl. Andrew Jackson President of the United States, with whom he was acquainted in Tennessee, and at New Orleans

He has no documentary evidence of his aforesaid services, nor does he know of any person in Arkansas whose testimony he can prove to testify to his said services, except his brother Shared Gray, who now lives in this County.

And the said Jacob Gray hereby relinquishes every  claim whatever to a pension or annuity, except the present, and declares that his name is not on the Pension Roll of the Agency of any State or Territory
Sworn to and subscribed, this 30th day of January A.D. 1834, in open Court
[signed] Jacob Gray
Wm Field Clk

We, Samuel M Rutherford and John K. Taylor residing in Pulaski County, Arkansas Territory, hereby certify that we are well acquainted with Jacob Gray, who has

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subscribed and sworn to the above declaration; that we believe him to be seventy-one 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.
[signed] George M. Rutherford
John K. Taylor

Sworn to and subscribed the day & year last aforesaid
Wm Field Clk

I, Shared Gray brother of Jacob Gray, the applicant in the foregoing declaration, hereby certify that I believe all of the statements therein contained to be true; and that I know that the said Jacob Gray performed the ten months tour of duty mentioned by him in his delaration; also know that he performed the three months tour therein mentioned, in the militia of South Carolina
[signed] Shared Gray

Sworn to & subscribed the date last aforesaid
Wm Field Clk

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 certify, that it appears to them, that Samuel H. Rutherford, Jno K. Taylor, and are residentsin the County of Pulaski, and are creditable per[sons]

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sons, and that their statements are entitled to full credit.
[signed] E. Cross
Tho P Eskridge
B. Johnson  Judges

I, William Field, Clerk of the said Superior Court do hereby certify, that the foregoing contains
the Original proceedings of the said Superior Court, in the matter of the application of Jacob Gray, for a pension. 

In Testimony whereof I have hereunto set my hand, as Clerk, and the seal of said Court, at Office this thirtieth day of January A.D. 1834, and of the Independence of the United States of America the fifty-eighth year

[sideways]
allow the applicant for such time of his service with certainty allowing [illegible] Arkansas

Jacob Gray Application for pension

[upside down]

I certify that this is an entire document and that is has not been here affixed to the Clerk's certificate, and was the [illegible] upon which the court ruled, and that I know intimately the hand writing of the clerk & Judges & also of Rutherford & Taylor, the witnesses and that they an both reputable men, the one being a member of the assembly and the other a sheriff of [illegible] County in Arkansas 

A.H. Servier
Delegate from Arkansas

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[sideways]
Jacob Gray's application for Pension
[proper]
I certify that this is an entire document and that is has not been here affixed to the Clerk's certificate, and was the [illegible] upon which the court ruled, and that I know intimately the hand writing of the clerk & Judges & also of Rutherford & Taylor, the witnesses and that they an both reputable men, the one being a member of the assembly and the other a sheriff of [illegible] County in Arkansas 

A.H. Servier
Delegate from Arkansas

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29.720
Jacob Gray
Arkansas Ter'y

Adm to year and 5 months

40
10
6.6
46.66

Hon A. H. Servier
House of Rep

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WAR DEPARTMENT
Pension Office 
28h Feby 1884

Sir:

The evidence in support of your claim, under the act of June 7, 1832, has
been examined, and the papers are herewith returned. The following is a statement of
your case in a tabular form. On comparing these papers with the following rules and 
the subjoined notes you will readily perceive that objections exist, which must be removed,
before a pension can be allowed. The notes and the regulations will show what is 
necessary to be done. Those points to which your attention is more particularly directed,
you will find marked in the margin with a brace, (thus: }). You will, when
you return your papers to this Department, send this printed letter with them; and
you will, by complying with this request, greatly facilitate the investigation of your
claim.
__________________________________________________________________
A STATEMENT, showing the service of Jacob Gray
========================================================
Period when the  service was  rendered.   
1780                                                                                                                                              

Duration of the  claimant's service. Year. Months. Days.

Rank of the Claimant.   
 
Names and rank of the Field officers under whom he served.   

Age at present,  and place of abode when he entered the service.
71. years

Proof by which  the declaration is supported.

I am respectfully,
Your obedient servant,

JAMES L. EDWARDS,
Commissioner of Pensions

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REGULATION 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 (a) before
A. B. a resident (b) of______in the county of _______and State, Territory or District
of_____aged_______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 served 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 persons 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 revolutionary
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 Revolutionary
Soldier, and served as he states. And the Court further certifies, that it appears to them that A.B.
who has signed the preceding certificate is a clergyman, resident in the___________
and that C. D., who has also signed the same is a resident in the __________
and is a credible person, and that their statement is entitled to credit.

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 commission
; but if neither of these can be obtained, the party will so state under oath, and will then procure, if
possible, the testimony of at least one credible witness, stating in detail his personal knowledge of the services
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

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alleged service, as they are known at 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 
attempted; and unless, therefore, these are amply and clearly set forth, no favorable decision can be 
expected.  All applicants will appear before some Court of Record in the County in which they reside, and
there subscribe and be sworn to, one of the declarations above provided, according to the nature of his
case.
The Court will propound the following (m) interrogatories to all applicants for a pension, on account of
service in the Militia, State troops, or Volunteers, except the Militia of New Hampshire and the State
troops of Virginia.
1. Where and in what year were you born?
2. Have you any record of your age, and if so, where is it?
3. Where were you living when called into service; where have you lived since the Revolutionary war, 
and where do you now live?
4. How were you called into service; were you drafted, did you volunteer, or were you a substitute?
And if a substitute, for whom?
5. State the names of some of the Regular Officers, who were with the troops, where you served; such
Continental and Militia Regiments as you can recollect, and the general circumstances of your services.
6. 
To a Solder.     } Did you ever receive a discharge from the service, and if so, by whom was it given, 
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 be come of it?
7. State the names of persons to whom you are known in your present neighborhood, and who can testify
as to your character for veracity, and their belief of your services as a soldier of the Revolution.

The Court will see that the answers to these questions are embodied in the declaration, and they are
requested to annex their opinions of the truth of the statement of the applicant.

The applicant will further produce in Court, if the same can be done, in the opinion of the Court,
without too much expense and inconvenience to him, two respectable persons--one of whom should be
the nearest clergyman, if one lives in the immediate vicinity of such applicant, who can testify, from
their acquaintance with him, that they believe he is of the age he represents, and that he is reputed
and believed in the neighborhood to have been a Revolutionary soldier, and that they concur in that opinion.
If one of these persons is a Clergyman, the Court will so certify, and they will also certify to the character
and standing of other persons giving such certificates.

The traditionary evidence of service is deemed very important, in the absence of any direct
proof, except the declaration of the party. And the Courts are requested to be very particular in the
enquiry whether the belief is general, and whether any doubts have ever existed upon the subject.

Applicants unable to appear in Court, by reason of bodily infirmity, may make the declaration before
required, and submit to the examination, before a Judge or Justice of a Court of Record of the proper
county, and the Judge or Justice will execute the duties, which the Court is herein requested to perform,
and will also certify that the applicant cannot, from bodily infirmity, 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 procure,
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 follow 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 amount of pension he is entitled. In a case where the applicant cannot, by reason of the
loss of memory, state precisely how long he served, he should amend his declaration by making an affidavit in the following words:
"Personally appeared before me, the undersigned, a Justice of the Peace, &c. A. B. who, being duly sworn, deposeth and saith, that, by reason
of old age, and the consequent loss of memory, he cannot swear positively as to the precise length of his service; but, according to the best of his
recollection, he served not less than the periods mentioned below, and in the following grades:--For---year----months----, and ------------days  , I served as a --------- For -----------months and------- days, I served as a ------; and for such service I claim a pension."

It is important, in all cases, to determine with precision the period for which each applicant served, and the particular rank he held, as the law
directs the pension to be paid according to the grade of the pensioner and the length of his service. The use of the phrase about three or four months,
is too indefinite, and all such qualifying expressions are objectionable. Some persons who apply for pensions merely state that they served two years
in the militia, &c. without specifying the tours, the names of the officers, and other particulars respecting their service. This form of a declaration is
highly objectionable. It must, in every case, be clearly shown under what officers the applicant served; the duration of each term of engagement;
the particular place or place 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 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 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.
                                                                                     
                                                                                          Mode of authenticating papers.
In every instance where the certificate of the certifying officer who authenticates the papers is not written on the same sheet of paper which contains
the affidavit, or other papers authenticated, the certificate must be attached thereto by a piece of tape or narrow ribbon, the ends of which must
pass under the seal of office of the certifying officer, so as to prevent any paper from being improperly attached to the certificate.
                                                                                        
                                                                                                    Proof of Service.
[j] In a case where the name of the applicant is not found on the records of the Department, he must prove his service by two credible witnesses
who are required to set forth in their affidavits the time of the claimant's entering the service, and the time and manner of his leaving the same, as well 
as the regiment, company, and line to which he belonged. The magistrate who may administer the oaths must certify to the credibility of the 
witnesses, 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.

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31709
Revy INVALID.
File No. 31.709
Jacob Gray
Priv  Rev War
Act: June 7" 32"
Index: - Vol. 2, Page 165
[Arrangement of 1870.]

Page 17

THE NATIONAL ARCHIVES
Form VAM-51
12-5-41

Division of Veterans' Administration Archives

BOUNTY LAND WARRANT RECORD CARD*


NAME  Gray, James 

Grade Private

Line Connecticut

WARRANT
NUMBER  5841

ACREAGE  100

ISSUED   Oct. 22, 1789

 to  Theodosius Fowler ____ 

*The information concerning the issuance of warrants carded on this form is found in volumes 2 to 4 of "Land Warrants Issued Prior to 1800" which are 

registers of bounty land warrants issued to non-commissioned officers and privates under congressional resolutions of September 16, 1776, and subsequent dates.

Other records relative to the applications for warrants appear to have been destroyed in the War Department fire of November 9, 1800.

Information concerning warrants surrendered to the Federal Government is to be found in General Land Office records in The National Archives.