Revolutionary War Pension and Bounty Land Warrant Application File R. 7054, for Benjamin Mays, Virginia

SERVICE
NUMBER
Va.
Mays, Benjamin
R. 7054
Mays Lutitia
Lutitia or
CONTENTS
See N.A. Acc. No. 874 No. 050113 Not Half Pay Benjamin Mays

Lib 13. May. Feb 27. 1841.
Chy to Hon. A. H. Sheppard Apr 13. 48
North Carolina 12.9.90
Benjamin Mays
of Iredell in the State of North Carolina who was a private in the company commanded by Captain Woodruff of the Regt. commanded by Col. Gaines in the Virginia line for 6 mos. & 5 days
Inscribed on the Roll of North Carolina at the rate of 20 Dollars 55 Cents per annum to commence on the 4th day of March, 1831.
Certificate of Pension issued the 21 day of June '33 Statesville N.C. and sent L. Campbell
Arrears to the 4th of March '33 - 21.10 Semi-annual allowance ending 4 Sept. - 10.27 1/2 31.37 1/2
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded by Wm. Miller Clerk, Book 5 Vol. 6. Page 48

State of North Carolina Wadeville County
3 This day personally appeared Benjamin Mays before me the Subscribing justice
of the peace in and for the County aforesaid and being, sworn in due form of law, doth upon his oath make the following additional declaration in order to obtain the benefit of the provision, made by the act Congress passed the 7 th day of Jan 1832.
We deponeth 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 to the best of his recollection he served not less than the period, mentioned below and in the following grade,
His first tour was in the foot under Capt. Ballinger he was drafted and assisted in guarding the British in Albemarle County Virginia, he thinks it was about the year 1777 shortly after the capture of Burgoyne 1 month. His second tour was in the foot under Capt. Huggins and was spent in a Detachment at Richmond in Virginia This service to the best of his recollection was in the year 1780. He understands that General Muhlenburg had the command at that place
His service was for two years months at least 2 10
His third tour was in the foot under Capt. Huggins bothum and Col. Gained at New Glasgow in Virginia, in the early part of the year 1781. 10 3 20

Months Days 3 20
His fourth tour was under Capt Woodruff and Colonel Gains at the time of the Siege of York had Gains commanded the Regiment. He assisted until the surrender of Cornwallis altogether in 1781. 2. 15 and for such Service I claim a pension 6. 5.
He hereby relinquishes all claim whatever to a pension or annuity except the present and he declares that his name is not on the pension Roll of the agency of Any State.
He was born in Stafford County Virginia in the year 1757
He has a record of his age in his Bible in his possession. He was living in Amherst County Virginia at the time he was called into service  service and continued to live there until the year 1799 when he removed to Bedford County Va. where he still lives.
He says that the battles were fought in his classes and that he served when his class was required.
He is unacquainted with the Regular Officers except Gen Muhlenburg above mentioned was a Regular Officer. He thinks he had one or more discharges but his house was on fire and many of his papers destroyed therein. He thinks Capt Woodruff gave him a discharge but it for it was either burned or has been otherwise lost.
He refers to James Mays and David Haire
Sworn to and Subscribed Benjamin Mays this 22 d day of May 1833 before me J. Campbell

Lucilia Mays Power of attorney to Elisha Smith
Address Elisha Smith at Salisbury Rowan Co North Carolina
No 14.580
Lucilia May, Mary Benjamin,
(N.C.)
July 7. 1838,
Elisha Smith, Salisbury (N.C.)

Know all men by these present that I Lucitia May of the County of R Davidson and State of North Carolina, the Widow of Benjamin May deceased who was a Soldier in the Revolutionary war, in virtue of whose services in said war, I made application to the pension office of the united States for a pension. Through Thomas I. Buckkins of Franklin County and State of North Carolina, some time A.D. 1844 and the said Thomas I. Buckkins has not returned to me my Declaration and other papers which he took in hand to enable him to establish my claim, and neither have I received a pension certificate. I therefore nominate constitute and appoint Elisha Smith of Rowan County and State of North Carolina, my true and lawful attorney for me and in my name, to inquire into and of the said Thomas I. Buckkins as to what he did with and about my claim, and to demand of him all the papers and money, that he may have in hand relating in any wise to my claim and to attend to all the busi- =ness that may arise in the further prosecution or other wise of my claim, before the pension office or other courts. In witness whereof I hereunto set my hand and seal. This the 4 th day of December A.D. 1857 Sealed and delivered In presence of
Lucitia May (L.S.)
George M Dorsett
Benjamin May
Be it known, that on 4 day of December A.D. 1857 before the subscriber a Justice of the peace, within and for the County of Davidson and State of North Carolina duly authorized by law to administer oaths, personally appeared Lucitia May who signed the above power of attorney and acknowledged the foregoing power of attorney to be her act and seal deed
Benjamin May
George M Dorsett (L.S.)

State of North Carolina County of Davidson
On this 4 th the day of December A.D. 1857. Before me a Justice of the peace within and for the County and State aforesaid personally appeared Elisha Smith and made oath that the foregoing power of attorney was not given him in consequence of any sale, pledge, mortgage, assignment or transfer of the Claim which the said Leutitia May has to a pension sworn and subscribed the day and year first above mentioned
Before me
George M c Dorsett
Elisha Smith

State of North Carolina
County of Davidson
I C. F. Lowe Clerk of the Court of Pleas and Quarter Session for the County of Davidson afore- said, Certify, that George W. Dorsett, whose name appears to the foregoing acknowledgement of the foregoing power of attorney, is an acting Justice of the Peace within and for said County, duly Commissioned and Qualified, that as such he has authority by Law to ad- minister oaths, for general purposes, and that the Signature purporting to be his is genuine. And further I hereby make the same Certification as to the same Signature as it appears to the affidavit of Elisha Smith made concerning the said foregoing power of attorney as I do in the case first mentioned.
In testimony whereof I have here unto subscribed my name and affixed the Seal of said Court at office in Lexington this 11 th . 19 th day of December 1857
C. F. Lowe Clerk

Benj. May N. C. N. 95-57.
Rep.
Admit as parole bmo L 5 days ff 20. 65- d.e.f.m.
S. Campbell Statesville N.C.

WAR DEPARTMENT,
Pension Office,
Apl. 25 1833
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 subjjoined 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, shewing the Service of Benjn May
   Period when the service was rendered. Duration of the claimant's service. Rank of the claimant. Names and Rank of the Company officers under whom he served. Names and Rank of the General and Field officers. Battles in which the applicant was engaged. Country through which he marched. Place of abode when he entered the service, and age at the present period. Evidence by which the declaration is supported.   Years. Months. Days.     Drafted 1788 1 11 Pri. Capt. Ba ringer 25 years Amhurst Co. Va.   about 2 10 " Capt. S. Hickens   " 10 10 Days. " = bottom Siege of Cornwallis Traditional Witness   about 2 mo " Capt. Wood ruff   anda half " Col. Gaines Genl. Muhlen burg   2 "   6 "  
I am, respectfully,
Your obedient servant,
J. L. EDWARDS, Commissioner of Pensions.

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, claiming the benefit of this law as officers, non-commissioned officers, musicians 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 (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 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 day 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 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 Soldier. } 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 become 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 he 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 traditional 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 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 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.
[k] The notes from [a] to [j] are all equally applicable to the cases of Militia men, Volunteers and State Troops. The proof required by rule 17 note [j] applies to continental troops only.
[l] This traditional evidence is indispensable in militia cases.
[m] If a witness cannot be found, the declarant must state the fact.
[n] The answers to the interrogatories must all be written, and sent to the War Department, with the declaration.

W. Section AWB/eel
January 8, 1929
Mrs. Susie R. Axley 493 E. 17-No. Portland, Oregon
Madam:
I advise you from the papers in the Revolutionary War pension claim, R. 7054 , it appears that Benjamin Mays was born in 1757 in Stafford County, Virginia.
While residing in Amherst County, Virginia, he enlisted and served as a private in the Virginia Troops as follows:
In 1777, one month in Captain Ballinger's Company; in 1780, two months and ten days in Captain Samuel Higginbotham's Company; early in 1781, ten days in the same company in Colonel Gaines' Regiment, and later in 1781, two and one-half months in Captain Woodruff's Company, Colonel Gaines' Regiment and was in the Siege of York.
He was allowed pension on his application executed August 25, 1832, while residing in Iredell County, North Carolina, having moved there about 1799.
In 1851, Leutitia May stated that she was the widow of the soldier, she was then living in Davidson County, North Carolina. Her maiden name is not given nor are

Rev. & 1812 Ware Sc...
there any data as to their marriage. It is also stated that soldier had a family during the Revolution.
In order to obtain the date of last payment of pension, the name of person paid and possibly the date of death of the Revolutionary War pensioner, Benjamin Mays, R. 7054, you should apply to the Records Division, General Accounting Office, Washington, D.C., citing all of the following data:
" Benjamin Mays, Certificate No. 12990, issued June 21, 1833, rate $20.55 per annum, commenced March 4, 1831, Act of June 7, 1832, North Carolina Agency!.
Respectfully,
WINFIELD SCOTT Commissioner.

The names are:
Benjamin Mays and Joel Dison.

No 11.580
705
Lucretia May,
Wife of Benjamin
M.C.
Let L Smith, April 24/52
u D. H. Starbuck, Dec 23/53
Hon J. F. Dawdell 19 Dec. 1854.
Same Dec 28 1855
Same July 5 1856
July 7. 1858,

Agassiz Church Ch. December 26 th 1861
Free Pension business
Lucretia May Las N. C Original copy
Rev. S. A. Heath Somerville of persons Washington City D. C.

Lucretia May - Aug. Benjamin - N.C., Jan 1838
John Farbyfill, N.C. Oct 1852
J. H. D. n. m. e.
Hon. Mr. Wells
Com. d of Pension Working Land
Wm. J. G. D. Woodell

1906 March 9. History to F. P. Mays
M B H
1929 Jan. 8. Hist. to Mrs. Susie R. Axley awd.
Acts of July 14, 1932, and March 2, 1973.
REJECTED
7004.
P. O.
Lucinda Mays
Service: wid. of Benj.
Enlisted: _____, 18
Discharged: _____, 18
Application filed: _____, 18
Alleges: _____
Re-enlisted: _____
Attorney: _____
P. O. _____
_____ Recognized. _____ Contra
_____ Cert. of Dis. Searched for _____, 18

Hotel Crellin
FRED A. JORDAN
PROPRIETOR
FEB 21 1906
FILES.
February 13 th
Oakland, Cal., 1906.
Sir,
Will you kindly inform me whether Benjamin Mays, or Joel Dison was granted a pension for services in the Revolutionary War, and if so, briefly as to each, all the data upon which the same was given.
Also, whether either of them in that connection was given a Land Warrant.
These men, my ancestors, were residents of Virginia or North Carolina during that war, and rendered service, but I have not sufficient details thereof to enable me to join

Hotel Crellin
FRED A. JORDAN
PROPRIETOR
2
Oakland, Cal., _____ 190
The Sons of American Revolution, The Military Secretary (Wash- ington, D.C.) suggests your records of Pensions and Land Warrants, may give the de- sired information.
Thanking you for an early reply I am
Yours very sincerely,
F. P. Mays.
Hotel Crellin.
Oakland.
Cal.

Feb 24. 1844
Inner
General del 210-12-3
Buy Mayo or May.
James L. Coleman Esq.
Comm ee of Pensions
Washington City
D.C.

W.C.A. Lancaster, 25 th July 1840
James L. Bolwands Esq r
Sir
You will please examine the list of pensioners in your office and inform me if you find the name of Benjamin May, or Mays he served in the Revolutionary Army, from this State
Your attention will oblige Benj a May

Lucretia Mott
6 Feb 38
FREE
Hon. L. P. Waldo Com te Pensions Washington D. C.

Salem N.C. Decr 15th 1858
J P Waldo Esq.
Comm. Pensions
Sir:
I have been consulted as counsel by Mrs. Moy widow of Benjamin Moy and relative to filing a Bill against one Thomas J. Jenkins of Warren Co. N.C. whom she alleges prepared her papers in or about 1844 & drew her Pension & refuses to account to her for a part of it.
I desire you to furnish me with the amount drawn by him, when, & in what name he drew as widow of said Benjamin Moy deceased.
By giving this early attention you will oblige me to do a favor to the public.
respectfully
D H Stockard

15 401 Pension Office,
December 23. 1853
Sir,
In reply to your communication of the 15 th instant, I have the honor to state that from the records of this office it does not appear, that Thomas J. Ludkins in this office ever filed any papers, in the case of Mrs. Lucretia May, widow of Benjamin, an applicant for pension. has any. Nor pension has been allowed her by this office - she applied for one through Elisha Smith, but her claim has been suspended for additional proof.
If Ludkins ever has obtained any money belonging to Mrs. May, in virtue of the services of her husband, it must, consequently, have been the arrear due her said husband up to the time of his death. Such accounts are adjusted at the by the Third Auditor of the Treasury.

to whom you are respectfully referred for the information you desire —
Very respectfully
Sc
D. H. Starbuck Dec 23/53
D. H. Starbuck Esqr Salem, North Carolina

House of Reps Jany 2 nd 1856
Don M c Minot
Sir
Your favor of the 28 th ult in answer to my letter of the 12 th ult, informing me that Lucretia a widow of Benjamin May of N.C. had applied for pension in 1838 & that the fact had been heretofore communicated, has just been read. I am satisfied that the defortment is under mistake in reference to the name. It is Benjamin Mays (not May ) who left no widow by the name of Lucretia. If on examination, the name of Benjamin Mays of N.C. appears as a pensioner, you will please inform me of the fact, and how much is still due him or his heirs - Have any papers in this case been filed? Do I understand that nothing is due the heirs of John Surlyfill? very respectfully Yr obt serv t
J. S. Dowdell

House of Reps
Dec 12 th 5-4
Mr. Waldo
Sir
You will please inform me if papers have been filed in the office, for pensions to Benjamin Mays & John Surbyville both of North Carolina, for revolutionary services. If so the state of each case. Resp. Affly J. L. Powell

149. Pension Office, April 21, 1852.
Sir,
It does not appear that any paper has been filed in this office by the Jointrix in support of the claim of Lucinda May widow of Benjamin, for a pension under the Act of July 7, 1838, and the disallowance for- merly made by you, having been made before a Justice of the peace, cannot be received. It is, therefore, returned that it may be sub- mitted to a Court of Record, for its approval of the  order , that the proceedings before said justice may be affirmed under its official seal, When it is returned to this office it should be accompanied by the original Family Re- cord referred to in the testimony, if a copy of the marriage bond or license cannot be obtained. We have received from the copy of a Record as proof of marriage which the original is in existence. At the same time , show

Should be forwarded under 9 any some found in the books of the Comptroller of the Customs enlisted to a soldier of Mr. May's husband's  the name, and such proof as will identify him with it in the most satisfactory manner.
Colonel Smith April 21 st 1852
Ebenezer Smith, Esq., Salisbury, Beverly Co. N. Carolina.

M. B. H.
DEPARTMENT OF THE INTERIOR,
P. 70541
Bureau of Pensions,
Rev War
Washington, D. C., March 8 1906
Sir:
In reply to your request for a statement of the military history of Benjamin Mays, a soldier of the REVOLUTIONARY WAR, you will find below the desired information as contained in his (or his widow's) application for pension on file in this Bureau.
   DATES OF ENLISTMENT OR APPOINTMENT. LENGTH OF SERVICE. RANK. OFFICERS UNDER WHOM SERVICE WAS RENDERED. STATE.   CAPTAIN. COLONEL.     1777 1 mo Pri. Bellinger — Va   1780 2 mos 16 days Pri. Samuel Higginbotham — Va.   1781 10 days Pri. Samuel Higginbotham Gaines, Va.   1781 2 1/2 mos Pri. Woodruff. Gaines. Va.  
Battles engaged in, Siege of York
Residence of soldier at enlistment, Amherst Co. Va.
Date of application for pension, August 25 1832: his claim was allowed
Residence at date of application, moved about 1799 Dardell Co. N.C.
Age at date of application, Born in Stafford Co. Va. 1757.
Remarks: He married In 1851  Lucilia  Lucy  may  state of Va. She was a resident of Davidson Co. N.C. she was a resident of Davidson Co. N.C. at the time of her death.  In 1851  His  It is stated that he lived a year during the war  family referred to
A careful search of the records of this Bureau fails to show that a claim was filed on account of the service of a Joel Dixon, Rev. War.
Very respectfully,
Wm. F. P. Mays
Hotel Grellin,
Oakland,
Colo.

12 Portland, Oregon. Mar. 20, 1928.
Pension Dept. Washington, D.C.
Gentlemen;
I wish to obtain, if possible the maiden name of Lutitia Mays who was the wife of Benjamin Mays, a Revolutionary soldier.
He was born in old Stafford Co., Va., Sept. 10, 1757 and enlisted in Amherst Co., Va., in the State militia, served 1777-80-81.
In 1800 he moved to Statesville, N.C. and lived there until he died (date unknown).
His wife Lutitia —, was paid the pension in 1851. He was placed on pension June 21, 1833, at Statesville, N.C.
He married Lutitia in 1776.
Thanking you most generously I remain, (Mrs) Susie P. Axley 493-E. 17-No., Portland, Oregon.

Hon. J. F. Laddell.
H. R.
Dec 28

Pension Office Dec 28 1885
Sir
I have the honor to inform you that John Turlyfill and Benjamin May of Soban- line were both pensioned under the Act of 7 June 1832; that Socrates the widow of Ben- jamin May has applied for a pension under the Act of 1838, which claim has not been allowed for want of requisite proofs, it being  it being  the  the  case  case  by the  by the  widow  widow  of  of John Turlyfill in  in the facts in the above cases were reported to you on the 15 Dec 1854,
Col. Lock
Wm H. Dowdell Hoy R. P.

Pension Office Jany 5 1836
Sir
In reply to your's of the 2 Inst I have the honor to inform you that Benjamin Mays of Iredell Co N.C. was pensioned under the Act of June 7 1832 at $20 53 a year; that in the latter part of the year 1851 Leutitia May of Franklin Co N.C made an application for a pension under the act of July 7 1838, declaring that she was the widow of Benjamin May a Revolutionary soldier. It was supposed that she referred to Benjamin Mays, a Revolutionary pensioner and her application was accordingly so registered. Her papers were returned to her attorney Mr E Smith on account of their informality and have not since been put upon file. — On the 19 Dec '52 a letter was written to you informing you that Leutitia May had applied for a pension, and that her papers had been disposed of as above mentioned. I presumed, therefore, when I wrote to you on the 28 th ult that you were familiar with the circumstances and did not enter into any detail. —
Yr very obedient & a particular Serv t over

Any enquiry in relation to the estate to the supposed fraction of a pen- sion due Benjamin Mays and John Turbyville at their death should be addressed to the Third Auditor, as the last settlements are there made , reported
1838
Hon. J. J. Dowdell Jan'y 11 th 1838.
Hon J J Dowdell Hosp Reps

State of North Carolina
I, Isaac Simonton Clerk of the court of pleas and quarter sessions of Iredell county do hereby certify that James Campbell before whom the foregoing affidavit was made is an acting justice of the peace in and for said county and that his signature is genuine.
In testimony whereof I have hereunto set my hand and affixed the seal of my office at Statesville this 23 rd day of May 1833
I Simonton Clerk

Salisbury N. Carolina
December 22, 1857
Sir
I herewith send you a power of attorney in my favor Signed by Lucitia May, who claims a pension. It will appear to you on reading these papers, that Lucitia May made a declaration in A.D. 1844. (She thinks it was in that year) and I suppose it was made to obtain the benefits of the acts of Congress passed in 1838, 1843 & 1844. Mrs. May made her declaration while she lived in Franklin County N.C. and Thomas P. Southworth of Floyd County took her declaration to act as agent in the matter and to obtain all the proofs as to marriage and service was furnished. Soon after this Mrs. May moved to Davidson County, which is about 140 miles from Franklin Co. She has made repeated efforts to learn of Southworth what was done in relation to her claim, but she has not obtained from him any thing satisfactory. She says she furnished him all the proofs he asked for in order to establish the claim, since she made me the power above referred to, I went to Franklin County to inquire, but learned that he lives in Wilson County now, if he is living at all. I have written several letters to him to him but I cannot hear from him. Therefore, not knowing what has been done in the case, Mrs. May has made me a power of attorney, which I send to you, and she has made another declaration, claiming under the acts of Congress passed in 1838, 1843 and 1844 and also under the act of 1845. Now if, on examination, the Commissioner of pensions shall find that Lucitia May has received or there has been a certificate of pension on record in favour of Lucitia May, giving her the benefits of either or all the Laws aforesaid then of course she does not claim under such Laws, but she claims under such Laws, under which she is entitled to receive. She has not received any thing. If Southworth shows up her decla- -ration in 1844, she is entitled under the act of 1845 and claims by this last declaration, as her case would have been presented in her other declaration.

As you will be V l Claim for her under that Law or those Laws under which, to which she has not Claimed under herdefore. As the evidence of Service and Marriage are in the archives of the Government, I dont know that its necessary to send in others.
You will please report to me as soon as possible and let me know if any part of the Claims has ever been established, if not what standing yet to to be completed the proofs, and whether or not the a pension Certificate ever issued to Louisa May and what amount
Address Elisha Smith at
Salisbury Fauquier County
Virginia
My dear Sir
Respectfully Yours
Elisha Smith
Rev J. E. Heath Washington City DC U.S.

State of North Carolina } August Term A.D. 1832 Iredell County } On this 25 Day of
August, 1832. Personally appeared in Open Court Before a Court of Pleas and Quarters Session of said County now sitting Benjamin Mays
75. A Resident of Iredell County and State of North Carolina aged 75 Years (Who being first duly sworn according to Law doth on his oath make the following declaration in order to obtain the benefits of the act of Congress passed Jan. 7. 1832.
That he entered the service of the United States under the following named officers and served as herein stated.
That he entered the service of the United States in Albemarle County Virginia by draft for one month under Capt. Baringer and served in the same County. His next service was under Capt. General Hickenbottom at Richmond in the State of Virginia.
This was about two months. His next tour was at New Glasgow in the State of Virginia and thinks it was about 8 or 10 days. his next tour was at York in the State of Virginia where he was at the time of Siege of Yorktown. His service was performed under Capt. Wofford and was as well as he recollects about two months and a half at this time. He is certain that he served more than six months. He hereby relinquishes every claim whatever to a pension or annuity except the present, and declared that his name is not on the pension roll of the agency of any State. He has no documentary evidence and thinks he knows of no person whose testimony he can procure who can testify to his service or all those who are deceased.
He was born in Stafford County Virginia in the year 1757. and has a record of his age in a bible in

his possession He was living in Amherst County Virginia at the time he entered the service since then has removed about the year 1899 to Wake County North Carolina where he now lives, that he was called into service in the manner above stated, and that served under Genl. Ganey in his last service, and when at Richmond he was under Genl. Muhlenburg. He refers to James Mays and David Harris Ruckard one or more discharges but has lost them all as his house was burned. At Byr Bengalton Mays Sworn to and subscribed the day and year aforesaid
W. Simonton Clerk

We David Hair of James Mays Residing in the County of Pender and State of North Car- olina hereby Certify that we are well acqu- ainted with Benjamin Mays who has subscribed and sworn to the above declaration that we believe him to be 75 Years of age that he is Respec- ted and beloved in the neighbourhood where he resides to have been a Soldier during the Revolution. And that We Concur in that opin- ion, James Mays further says that he recollects that during the Revolutionary War, Benjamin Mays was frequently called into the service of the Country - that his Mother assisted in taking care of his family and Crop of Benjamin whilst he was absent - that he does believe that Benjamin's services amounted in all to nine months or upwards. James Mays David Hair Mark
And the Said Court do hereby declare their opinion after the investigation of the matter and after putting the interrogatories presented by the War Department that the above named (applicant) was a Revolutionary Soldier and served in the State.
And the Court further Certifies that it appears to them that James Mays and David Hair who signed the foregoing Certificate Resides in the County of Pender and State of North Carolina. And is a Credable person and their Statement is entitled to Credit. J. Campbell Clerk

I. Absalom Turrenton Clerk of the Court of Pleas and Quarter Sessions of Judson County North Carolina do hereby certify that the foregoing contains the original proceedings of the said Court in the matter of the application of Benjamin Mays for a pension.
In testimony whereof I have hereunto set my hand and seal of office this 35 th day of August A. D. 1832.
A. Turrenton Clerk
9554 Benjamin Mays Declaration for a pension
Very affec. Mays
No 6