Revolutionary War Pension and Bounty Land Warrant Application File R. 6213, for William Lay, North Carolina

SERVICE
Lay, William
NUMBER
R. 6213
CONTENTS

14460
William Lay Lunapee
4.10.16
Mr Barnett BR Waynesboro Trunk

BRIEF in the case of William Lay  County of Wayne — in the State of — Tennessee  (Act 7th June, 1839.)
 1. Was the declaration made before a Court or a Judge? Court  2. If before a Judge, does it appear that the applicant is disabled by bodily infirmity?  3. How old is he? about 67  4. State his service, as directed in the form annexed. 
   Period. Duration of Service. Rank. Names of General and Field Officers under whom he served.   Years, Months, Days.     Sub: In 1814 12 Private Gen. Leonidas P. Gordon Col. Joel Lewis  
 5. In what battles was he engaged? None  6. Where did he reside when he entered the service? Salisbury N.C. Wilks Co.  7. Is his statement supported by living witnesses, by documentary proof, by traditionary evidence, by incidental evidence, or by the rolls? Traditionary & says he has a Roll but has not produced the evidence  8. Are the papers defective as to form or authentication? and if so, in what respect? The Clerk has no Seal, & the papers are not properly attached 
X Certify that the foregoing statement and the answers agree with the evidence in the case above mentioned.
Chas. Forrest Examining Clerk.

A Declaration in order to obtain the ben. of an act of Congress passed June 7 th 1832 State of Tennessee Wayne County Circuit Court October Term 1842
This day personally appeared A. D. 1842 personally appeared in person David William Day aged about eighty three years, who being first duly sworn according to law, upon his oath made The following declaration, in order to entitle a pension under the provisions of the act of Congress of the United States passed June 7 th 1832 to wit:
Declarant entered the service of the United States in the latter part of the year 1779 or the latter part  the latter part of the year 1780 under the command of Capt. Charles Gordon. When declarant entered this service he was residing in the County of Wilks in the State of North Carolina, where he had been brought up from his childhood. From Wilks County he was marched under said command to Salisbury. Where the troops to which he was afterwards attached remain- ed. Declarant was here placed in Maj. Isaac Lewis' battalion, and was continued in his battalion during the whole term of his de- clarant's service in the Revolutionary war

At Claremont, & the troops to which he was attached were garrisoned at Salisbury From sometime in the fall until the spring season when they were marched towards Kan River as the present of the enemy. On the route they were attached to other troops, that by whom commanded by - Clarent on account of age & consequent defect of memory can not now rec- lect. They also scoured the country on deep as well as Kan River in search of the enemy particularly the Tories. And altho. they heard much of the depredations of the Tories in the tracts of country through which they passed yet they were never fortunate enough to come in contact with any of them during the campaign. On their route above described at - Clarent, with a few other soldiers, who were detached as a foraging party fell in near the house of Hanan the celebrated Tory leader of that country and lay all night at his father's in arms, but being firm in numbers & having that Hanan and his men were not there at home they hastened forward & joined their companions in arms as

Soon as possible. They were then marched & counter marched through the country in various directions for the purpose of guarding & protecting that section of country. They continued in this service until towards the fall season of the year when officer declaration was made between the power & yoke, which was then preva- lent in that country and his ability became so great that  and upon the troops with which he was associated he began or desired to march towards Petersburg. He was unable to accompany them. He was therefore permitted to return upon furlough, home, & the troops under the command of Major Lewis after marching another day to Wil- lows. were discharged finally as he understood from the service de- claration after having reached home continued sick, and his father went to see Maj. Lewis at the request of declaration & obtained for him his fi- nal discharge from the service of the United States. Which upon its reception by him, he handed back to his father and that the last he has had any knowledge of it.

A considerable portion of the time that affiant was at Lexington as above described, they (the troops to which he was attached) were engaged in disarming disarming the British & taking prisoners, & among the prisoners was a Col. Brent an officer who had held that rank in the British service & declarant being very in firm & old and also illiterate can not now recall that they ever were attached to any other troops except as above stated and can he recall the names of other field officers, who  which perhaps sometimes at times, have had given orders to disarm disarm. Who he also states was after- wards called Col. Dennis. The whole time of service performed by declarant lasted but twelve months, but he states he was for that space of time in the actual and active ser- vice of the United States as above set forth. Declarant states further, that he made application for a pension for the above service, some eight or ten years ago  some for omissions or clerical errors his papers were returned for correction to the clerk of the Court of Wayne County or his attorney, & that by some means

unknown to D. Clarent, they have been lost or misplaced, as he is informed & believes, and that he has never seen them since their return, nor does he now know any thing of them, except as herein stated. D. Clarent performed all of the aforesaid services as a private Militia Man, & held no office whatever in said services, but he was a subor- dinate in said services & performed the same as such for one Benjamin Howard during the war except when engaged in the above services between for many years thereafter D. Clarent continued to live in Wilkes County North Carolina where he married shortly after the war, and from he removed to South Carolina where he resided two years and then he removed back into Wilkes County North Carolina where he lived some years the time not now recollected Afterwards he removed to Linnun resided a few years on Walnut Gap Linnun, and then removed to West Farm Wayne County where he has resided for the last fourteen or fifteen years where he still resides. He has no recollection of his age, but is confident from the

Short information he even obtained that he is not less than eighty three years of age. He would have made a second application for a pension under the Act Circumstances above set forth but he has been waiting from time to time with the expectation of being able to find the lost papers in his former application in which he has utterly failed as above stated. His discharge he has no doubt has long since been lost or destroyed as he never saw it again after he deposited it in the care of his mother as stated above who has long since been dead. He declares his name is not on the pension roll of any state or federal station, & has by Kingfisher regular company other claim whatsoever to a pension etc as above.
Sworn to & subscribed in Open Court the date above
William J. Lay Magistrate
Declarant: Has no documentary evidence & knows of no living witness by whom he can prove any of the Circumstances of the above services,
William J. Lay Magistrate
Sworn to & subscribed in Open Court the date above
Thos M. Eastman

Questions propounded by the Court 1 st How old are you?
Ans I am about eighty three years old.
2 d Have you any record of your age? and if so where is it?
Ans I have no record of my age & nor had I.
3 rd When & where were you born?
Ans I think I was born in the State of Virginia.
4 th Where did you reside when you were called into service where have you resided since? & where do you now reside?
Ans I lived in Frederick County, Md. when I entered service. I then resided in Frederick County, Md. after service I had stopped in Washington, D.C. & had resided in Washington, D.C. since.
5 th Under what officer did you serve? State the names of the field & other officers under whom you served the regular & other troops to which you were, the names of the regular officers, as may have commanded such regular troops & the general or commanders of your service.
6 th  Under what officer did you serve? (None, as you have already stated that you served under the following officers)
Ans (This question was answered in the same manner as the other question as stated in the declaration.)

6th Did you perform said services as a private soldier, or did hold any office in said services and were a regular or militia soldier or man?
Ans I was a private & they called us platoons 7th Were you drafted or did you volunteer, or were you a substitute, and if a substitute for whom?
Ans I was a substitute for one Benjamin Barnard who had been drafted. Mora to be subscribed in Open Court the date above William H. Gray Mr. H. Clark Clerk. District
The Thomas Arnold a clergyman and Abel Green of the above said County of Matagorda being first duly sworn according to law upon their oaths do state that they are well acquainted with electrical the above mentioned William Gray and that he is reported in the neighborhood where he lives to have been a soldier of the Revolution and that they are in that opinion and that his estate rights are entitled to credit & one here him to be the age he represents himself to be
Thomas Arnold Abel his Green Mora Mora to be subscribed in Open Court October, 8th 1882 The M. Clark Clerk

12 th Nov 1842.
Mr Albin
William Lay
Temple
(wait till enquiry is made, in time)
Joseph Weston for Sandin
of Wai
Washington City
D.C.
PRER

July 29. 1841
Honbl. J. H. Edwards
Comm. of Pensions H.R.
Washington
A. N. Brown H.R.

No. of Rep. July 29 th 1841
Sir
In your letter of the 27 th Inst. speaks of the papers of Joseph Lewis instead of William Day which will make it unintelligible to those to whom I will have to transmitt it. Be good enough to correct it on the original which I send for the purpose of saving anxiety.
I mentioned that I would like to have all the papers to be returned to Mr Day's attorney - If you can return them with postage I should be pleased to have them.
Respectfully
ATTORNEY
Hon. J. L. Edwards

Washington July 1 st 1841
Sir
I have the honor to enclose the application of Mr Lay of my District for a pension, which I hope is prepared Satisfactorily
Yours &c
A. V. Brown
Genl. J. H. Edwards Comr. of Pensions

H. Rep. July 26 th 1841
Dear Sir
I return you the declaration of William Lay for a pension certified by me as to the official character of the Clerk etc. I also enclose a letter from Mr. Hill of S.C. stating that the name of Mr. Lay is not to be found. I fear the case must be lost, but I wish you now to decide & if adversely to let all the papers be returned to me that I may send them on to Mr. Lay's att s agreeably to his request. Mr. Lay is represented to me as being very old & necessitous & he shall regret very much the failure of his application
very respectfully
Hon. J. H. Edwards Comm ee of Pensions
A. W. Brown

William Lay Tennessee Suspended
See let. 28 th Sec. 4 Hon. A. V. Brown let. 2 July 41 to do. let. 27 " " to do. do. to same July 20. 1841 do to same 31 July 1841
Act 7 June 1832

Acts of July 14, 1862, and March 3, 1873.
6213
P. O.
William Loy
Service: _____
REJECTED
Enlisted: _____, 18
Discharged: _____, 18
Application filed: _____, 18
Alleges: _____
Re-enlisted: _____
Attorney: _____
P. O. _____
_____ Recognized. _____ Contract.
_____ Cert. of Dis. Searched for _____, 18

Pension Office July 2 d 1841
Sir,
The papers in the case of William Lay have been examined and filed excepting his declaration which is herewith returned in order that the Official character and signature of the Clerk of the Court before which his declaration was made, may be certified by a member of Congress in conformity with the regulations contained in F, in the inclosed printed sheet. The applicant alleges to have served under an enlistment for twelve months under Colonel Joel Lewis in North Carolina. There was no Officer of that name who belonged to the Continental Line of the Army, and there were no enlistments for a year in North Carolina, excepting as a regular soldier. If he enlisted and served as alleged it must have been in a regiment of the Line. His name is not found on the records of the service in this Office. The service may perhaps be established by record evidence in the Office of

William Hill Esqr. Secretary of State of North Carolina at Raleigh, If said records afford no proof, such proof should be produced as is required in note. 5. in the enclosed sheet,
I have the Honor to be
Very respectfully
Your Obed S t
J. L. Edwards
Hon. M. V. Brown House of Representatives

Raleigh N.C. 21 st July 1841.
Dear Sir
Your favor of the 17 th instant is received, desiring information respecting the services of William Lay said to have been a 12 months soldier of the revolutionary war. His name is not found on the muster-rolls in the Office of Secretary of State for the State of North Carolina. I find the name of Joel Lewis (under whom Mr. Lay says he served) as a Lt. in Capt. Goode's Company, mustered in 1779 in the 10 th Regiment
My fees amount to 20 cents which you can pay to the Hon. R. M. Saunders, who resides here.
Very respectfully your Ob t Serv t
W. Hill
Hon. A. V. Brown

July 31. 1874
Wm
Genl. J. L. Edwards
Comr. of Pensions
Washington.
Hon. A. V. Brown
H.R.

Washington July 30 th 1841
Dear Sir
I received your final decision in the case of Mr. Lay — please return to me the letter of Mr. Hile together with your note written before Hile's statement was received. with the blank form, which you will find (all) in the bundle — or if the original letter is material to you send me a copy & of your other note — adjourned all others — as I want to transmit them to Mr. Lays also. to show my attention to the case —
With my regards for troubling you with so many notes in the case
I remain
Yours
respectfully
A. V. Brown
Rev. J. L. Edwards Comm. of Pensions

And the said Court after hearing the testimony and pronouncing the foregoing interrogatories as preserved by the War Department, declares that in its opinion said applicant was a soldier of the Revolution that he is of the age he represents himself to be and that he served as stated in the above declaration
Benjamin C. Lott Judge of the 14 th Judicial Circuit in Tennessee
State of Tennessee Wayne County S.C.
I the undersigned Clerk of the County of Wayne aforesaid, do hereby certify that the foregoing contains the Original proceedings of the application of William Luy for a Pension, together with the Opinion of the Court touching the same.
In testimony whereof I have hereunto set my hand and private seal having no seal of office, at office the 6th of October A.D. 1842
Thos. M. East Clerk

State of Tennessee } 25. Wayne County. }
On this the 7 th day of Dec r . in the year 1840 personally appeared in open Court, before the County Court of Wayne County, now sitting, it being a Court of records, of the above-mentioned State, William Lane a resident of the above-mentioned County State, aged about 80 years, who being first duly sworn according to law, doth on his oath make the following amended Declaration, in order to obtain the benefit of the provision of the Act of Congress on the 7 th June 1832.
Declarant states that he does not recollect the date or precise period at which he entered the Army, but recollects distinctly that it was after the taking of Charleston by the British after Gen l Gates' defeat near Camden in South Carolina, & near the end of the war of the Revolutionary War, & he thinks that no troops were raised in the part of the Country in which he lived, after he was discharged from the Army.
He also states that he knows of no person (and he does not believe that there is any now living) by whom he can prove the facts stated in his original Declaration, nor those contained in this Amended Declaration.
He states that, since his first application for a pension, his brother, by whom he then stated he could prove the facts then set forth in his declaration, has departed this life.

Declarants states, that the facts set forth in his original declaration, he knows to be true, & if any thing be wanting, to establish the genuineness of his declaration, it was not the fault of this Declarant - that the Certifying Officer had no seal of office as this Declarant was informed & believes, & therefore the ends of the tape or ribbon, by which the different parts of the paper, were fastened together, could not pass under the seal of office of the Certifying Officer, which Declarant presumes as one of the objections, to his former Declaration.
Sworn to & subscribed the day & year aforesaid -
William his Lay Mark Jonathan Morris clk
We John S. Gypert & Henry Geyer, residing in the County of Wayne, State of Louisiana, do hereby certify, that we are well acquainted with William Lay, who has sworn to & subscribed the above amended declaration, that we believe him to be about 80 years of age: that he is believed & reported in the neighborhood where he resides, to have been a soldier of the Revolution, & we concur in that opinion. Sworn to & subscribed the day & year aforesaid.
Jonathan Morris clk
John S. Gypert Henry Geyer mark

And the said Court do hereby declare their opinion, after the investigation of the matter & after per. H'ing the interrogatories, presented by the War Department - That the above applicant for a pension was a soldier of the Revolution as above stated. And the Court further certifies, that it appears to them that John Slypert who has signed the preceding certificate is a clergyman resident in said County of Wayne & State of Tennessee, & that Abel Gower who has also signed said Certificate is a resident of said County & State, & is a credible person, & that their statement is entitled to credit. R.W. Windell
Chairman of the County Court of Wayne County -
I, Johnathan Morris Clerk of the County Court of Wayne County, do hereby certify that the foregoing contains the original proceed- ings of said Court, in the matter of the application of William Day for a pension.
In testimony whereof I have hereunto Johnathan Morris, Clerk of said Court have hereunto set my hand & affixed my seal, there being no seal of office at this office. This the day & year above written.
Jonathan Morris Clerk of Wayne County Court

H. of Rep. Dec. 24 th 1840
I do hereby certify that the County of Wayne in the state of Tennessee is one of the counties composing the 10 th Cong. District which I at present Represent & That Jonathan Morris who has subscribed the within declaration as the Clerk of the County court of said county, from undoubted information was at the time of giving the same, the acting & lawful Clerk of said Court.
A. B. Brown Rep. 10 th Cong. Dist. of state of Tennessee
Hon. A. B. Brown Sir

State of Tennessee - Wayne County. Circuit Court - June Term - A.D. 1841.
On this the  21 st day of June 1841, personally appeared in open Court, now sitting, the Declarant William Day, a resident of the above mentioned County, & state of Tennessee, aged about eighty years, who being first duly sworn according to law, doth on his oath make the following declarations, in order to be heard Amended declarations;
That he is very old, & poor, & that he had procured two lawyers to prepare the papers which were sent out previous to 1833, & which the Commissioners of Public Debt (in his letter of Dec r 18. A.D. 1840) were sent back to William Barnett Esq., Declarant had no recollection that the declaration which was first sent was ever returned, but a printed sheet of Regulations & a "Brief" containing objections to his claim, were sent to declarant and are now in his possession.
Declarant was at much trouble to attend at the Court, after his claim was rejected but he was never able to see or meet with his attorneys, who failed to attend the Court, & who lived more than fifty miles from Declarant - Declarant was then rather sick, became very feeble and almost blind, were  in that situation  for more than two years in that situation, & it is with great difficulty that he has been able to get to this place Court to make this Declaration.

Declarant is without learning, and he had no friends or relations who were able to attend to his application, & it was because he had no counsel, and no one to make out his papers that he failed to renew his application for a pension, for no other reason.
Declarant states that he actually served twelve months, as mentioned in his former amended Declaration.
Declarant states that David M. Morris, the successor of William Barnett as Clerk of Wayne County, has carefully examined the papers in his office and can find no declaration, nor any other papers connected with Declarant's application for a pension.
Declarant does not know when he was born. His father kept no record of the age of his children. He was raised in Wilkes County, North Carolina.
Declarant lived in North Carolina about five or six years, after the Regulators way was then moved to Pendleton County in South Carolina, where he lived until about the year 1810, when he moved to Warren County in the State of Georgia, from which County he removed to Wayne County in this State about twelve years ago.
Declarant states that shortly before the defeat of Genl. Gates, he applied to be received into the troops commanded by Col. Cleveland, but was rejected on the ground that he was too young. This was before his twelve months' term.

He was going to be come a substitute for Sam Tucker.
Declarant further states that his great age, & feeble state of health have much impaired his memory, & that he finds it impossible to detail more minutely the circumstances, which occurred during his twelve months' service.
Sworn to before me this 9 th day of October 1841 in Open Court - William L. Lay (Mark) Mr. M. East Clerk
And the said Circuit Court do hereby declare their opinion, after the investigation of the matter, that the above named applicant, William Lay, & whose amended Declaration is set forth above, is the same person, who made his Declaration before the County Court of Wayne County & State of Tennessee, in order to obtain a pension, under the Act of Jan 9 th 1832, on the 3 rd day of October, 1840.
Benjamin C. Totten
Judge of the 14 th Judicial Circuit in & of the county of Wayne presiding -
State of Tennessee. Wayne County - I, Thomas M. East, Clerk of the Circuit Court of Wayne County do hereby certify that the foregoing contains the original proceedings of the said Court in the matter of the renewal of the application of William Lay, for a pension.
In testimony whereof, I, Thomas M. East, Clerk of said Circuit Court, have hereunto set my

my name, or private Seal (there being no Seal of Office) at Office. This the 9 th of June. in the year of our Lord, 1841.
Henry M. East Clerk
Washington City July 7. 1841
I Aaron V. Brown Representative in Congress from the 10 th District (including the county of Wayne do hereby certify, that Thos. M. East was on the 9 th June 1841. The Clerk of the Circuit court of said Circuit, & that the above signature is his proper hand writing.
A. V. Brown

State of Tennessee } ss. Wayne County. }
On this the 8 th day of October 1840. personally appeared the declarant, William Lay, a resident of the aforesaid county State of Tennessee aged about 80 years, who being first duly sworn, according to law, doth on this oath make the following declaration, in order to obtain the benefit of the provis- -ion made by the act of Congress, passed
June 7 th 1832. That he enlisted in the Army of the United States sometime during the last of the Revolutionary War, in Colonel Joel Lewis' Regiment of North Carolina Infantry.
Under the following named officers - Colonel Lewis, & Capt. Childs Gordon. The names of the other officers are not recollected.
Declarant states that he was a substitute in said Regiment, & took the place of Benj. Howard that the Regiment
was raised for one year (Twelve months men). That he resided at the time he entered the Army in Wilkes County in North Carolina. That his regiment
remained sometime after the it was organized at Wilkes County Court House. That the Regiment marched thence to Salisbury - then to Deep River - & then to Haw River, where the Regiment remained for sometime until the term of twelve months had expired, & then the Regiment was ordered

-dred to proceed to Hillsboro, N. Carolina to be discharged - That declarant took sick on the road, & being unable to proceed with the Regiment, was excused from going to Hillsboro, & afterwards when declarant had got home, & was still suffering under the influence of his sickness, his father went to Colonel Lewis & got his discharge from the said Lewis for him. Declarant states that he served in the Army but one term - That he served for the full term of twelve months as above stated - That he does not recollect the date, or precise period at which he entered the army, but recollects distinctly that it was after the taking of Charleston was taken, & he thinks it was also, after the battle at Ramsour's Mill, but is not certain - He also states that his discharge had been lost or destroyed.
He hereby relinquishes every claim whatever to a pension or annuity, except the present. He declares that his name is not on the Pension roll of any Agency in any state.
He also states that he knows of no person (he does not believe) there is any now living, by whom he can prove the above stated facts. He states that since his first application to the Pension Office at Washington City, his brother, by whom he then stated, he could prove them, has since died. He also states that he has no record of his age.
Sworn to & subscribed the day & year aforesaid
William X Lay mark

We, John Lypert a clergyman, residing in the County of Wayne, State of Tennessee, & Abel Gower a resident of said County, hereby certify, that we are well acquainted with William Lay who has subscribed & sworn to the above declaration; that we believe him to be about 80 years of age; that he is beloved & respected, in the neighborhood, where he resides, to have been a soldier of the Revolution, & that we concur in that opinion. John L. Lypert Abel Gower
Sworn to & subscribed the day & year aforesaid Jan. 1841
And the said Court do hereby declare their opinion, after the investigation of the matter, & after putting the interrog- atories prescribed by the War Department that the above named applicant was a Revolutionary soldier, & served as he states. And the Court further certifies, that it appears to them that John L. Lypert who has signed the preceding certificate, is a clergyman, resident in the County of Wayne, and that Abel Gower who has also signed the certificate is a resident of said County & is a credible person, & that the statement is entitled to credit.
R. W. Windel Chan

State of Tennessee & Jon. Morris Clerk of The County Court of Wayne County do hereby certify that the foregoing contains the original proceedings of the said Court in the matter of the application of William Lay for a pension In testimony whereof I Jon. Morris Clerk of said Court have hereunto set my name & affixed seal than having the seal of office as office This 5 th of October 1840 Jon. Morris Clerk
2.
Chairman of the County Court of Wayne County. do hereby certify that the above mentioned John Morris is the Clerk of this Court & that all his official acts are entitled to credit as such, & I also certify that the above certificate is in due form of Law. & is entitled to full faith & credit.
Chairman of the County Court of Wayne County -
Hon. A. V. Brown A. V. Brown
Washington July 16 th 1841. I do certify that Jonathan Morris whose name is subscribed to the within as clerk of Wayne County Court, was such at the time the same bears date
A. V. Brown Rep. of the 10 th Congressional District of Tennessee (of which said Wayne County is a part)