Revolutionary War Pension and Bounty Land Warrant Application File S. 16408, John Hays, N.C. Va.

SERVICE
NUMBER
N.C.
Hays John
S. 16408
Va.
Born in Va.
carded
CONTENTS

Georgia 23.280
John D. Hays — of DeKalb in the State of Ga: who was a P. S. & C in the Confy commanded by Captain Parker of the — commanded by — in the N. O. C — time for 14 mo: 5 days
Inscribed on the Roll of Georgia at the rate of $49. Dollars 75 Cents per annum, to commence on the 1 st day of March, 1834.
Certificate of Pension issued the 18 th day of Dec r 53 - and Sim d W m Ezzard Decatur - Ga
{ Revolutionary Claim, Act June 7, 1832. }
Recorded by Nath Price Clerk Book E Vol. 6 Page 92
99.44 24.86 124.30

Declaration in order to obtain the benefit of the Act of Congress passed June the 7 th 1832
State of Georgia } On this ninth day of April DeKalb County } in the year Eighteen and thirty three
personally appeared in open Court before the Superior Court of the said County of DeKalb now sitting John Hoars a resident of said State and County aged Eighty one years last born July 28 th 1751 five months, who being duly sworn according to law, doth on his oath make the following decla- ration in order to obtain the benefit of the Act of of Congress passed June the seventh in the year Eighteen hundred and thirty two. —
as a volunteer
That he enlisted the service of the United States in the year seventeen hundred and seventy six under the following named officers and served as herein stated. he volunteered under Capt. John Barker an officer of the Militia he was then a resident of the State of North Carolina at Rutherford County the name of the County at that time not recollected, and marched from thence to the State of Tennessee to Subierville the Redding he states he was in no battle at that time but in a small skirmish, and there returned home to his residence in North Carolina he states in the year seventeen hundred and seventy seven he went to the State of Virginia Bedford County he states he then volunteered under Capt. James Dickson an officer of the Militia for a six months term and marched from thence to Holston Islands and from there to the Rye Cove on Clinch River then in the State of North Carolina and marched from there to the

Halston Stand again during that time there was no battle nor skirmish. He further states in the same year he volunteered under Capt John Salbert an officer of the Militia for about his duties and marched from Bedford County in Virginia to Williamsburg & from thence to York of the same year He states he then was marched back to Bedford County in Virginia but was in no battle. He states he was then dismissed by Capt Salbert and returned home to his residence in the state of North Carolina. He then went to Washington County in the state of North Carolina and volunteered under Capt John Trimble an officer of the home troops to guard the frontier. He states he volunteered for a three months service and after his time expired he states he was had received a verbal dismission from the Capt and ordered to hold himself in readiness. He states he was called out now in several scouts by Capt William Dury late an officer of the Militia. He states he was in service scouting about a month during which time he was in several skirmishes with the Indians. He states  he states he was in no general engagement  he states he was in no general engagement  he states  he states as well as he recollects he served about fourteen months. He further states that he has no documentary  he states he was taken prisoner of war in 1778 which appears from a certificate of a British officer evidence of his discharge & that he knows of no person by whom he can prove his service but has  he states he has no record of his age  he has no record of his age He hereby relinquishes every claim whatsoever to a pension or annuity except the present and he declares that his name is not on the pension roll of the agency of the state of any state known to and subscribed to the day and year aforesaid. Gregory E. Thomas Esq.
John Hays

No 25-155
John Hoags DeKalb Co - Georgia
Admit as private -
Insty 11 mo 5 days 37 24 B. & Co - 12.10
$4972
Mr - Edward in Decatur - C. Mansfield C. B. DeKalb Co Georgia

WAR DEPARTMENT,
Pension Office,
June 4. 1883
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.
Georgia
A Statement, showing the Service of John Hays DeRall
   Period when the service was terminated Duration of the claimant's service 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 Proof by which the declaration is supported   Years Months Days     Vol 1776 fin a six months Private Capt Barber 81 years Traditional Evidence stated credible by the court   Vol - 77 Capt Dickson Butler   Vol - - about six weeks Capt Talbot for life   Vol - 3 - country Capt Simble N.C.   other short terms   indefinite   says he served   in all fourteen   months   11 01   3 Cad  
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) _____, who has 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

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 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 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.
[5] 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 and down for his guidance.
[6] 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 years, 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 places 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.
[7] The law makes the relinquishment indispensable.
[8] The opinion of the Court is always required.
[9] The Clerk must give his certificate in every case.
[10] The Clerk must fix 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.
[1] 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.
[2] The notes from [a] to [c] are all equally applicable to the cases of Militia men, Volunteers and State Troops. The proof required by rule is note [1] applies to continental troops only.
[3] This traditional evidence is indispensable in militia cases.
[4] 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.
John Nathan

1920 June 5. Tombstone State District Court
16.408 INVALID.
File No. _____
John Hays P. O. Box 100
Act: _____
Index: Vol. _____, Page 165
[Arrangement of 1870.]

Georgia DeKalb County
I personally appeared before me the undersigned a justice of the peace in & for said county John Hays who being duly sworn deposeth and saith that by reason of old age and the consequent loss of memory he can not swear positively as to the precise length of his service but according to the best of his recollection he served not less than the period mentioned below, and in the following grades. For four months in the year 1776 I served as a volunteer and private in the army of the United States. For seven months & a few days in the year 1777 I served as a volunteer & private in the army of the United States one of the Tours which I served in said year being for six months, and the other for five months or one month and five days. For three months in the year 1778 I served as a volunteer and private in a company of cavalry in the army of the United States, and for such service I claim a pension. This deponent further saith that during the aforesaid periods he served with undivided loyalty called into service by the competent authority and that he was in the field - and was not during any of said periods engaged in any civil pursuit.
John Hays
Sworn to & subscribed before me this 2 nd day of November 1833
H. D. Satin R.
Georgia DeKalb County
Eliza B. Reynolds clerk of the Superior court of the County aforesaid do hereby certify that Henry

B Salmons whose name appears to the foregoing affidavit E. B. Sprague is an acting justice of the peace in and for said county and that the signature above named is his genuine signature
In Witness whereof I have hereunto set my hand and affixed my seal this 4 th day of November 1833
E. B. Reynolds Clerk

John Hays
257.55

Georgia } We Elyah Bird a clergyman residing in DeKalb County } the state and County aforesaid and James Simon residing in the same do hereby certify that we are well acquainted with John Hays who has subscribed & sworn to the above declarative that we believe him to be eighty one years of age & furthermore that he is respected and beloved in the neighbourhood where he resides to have been a soldier of the revolutionary war and that we concur in that opinion given to and subscribed the day and Elyah Bird Clergy year aforesaid James Simon
Georgia } We the said Court do hereby declare this opinion DeKalb County } after the investigation of the matter and after putting the interrogatories presented by the Board Adjustment 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 Elyah Bird who has signed the preceding certificate is a clergyman resident in the state and county aforesaid and that James Simon who has also signed the same is a resident same state & county and is a credible person and that their statement is entitled to credence. Grigsby E. Thomas Judge of the
Just C. Maysby Clerk Superior courts for the Chattahoochee Dist Georgia } Charles Maysby Clerk of the DeKalb County } court of state and county aforesaid do hereby certify that the foregoing contains the original proceedings of the said court in the matter of the application of John Hays for a pension, and that Grigsby E Thomas whose name is subscribed to the foregoing certificate is the Judge of said court. In testimony whereof I have hereunto set my hand and affixed my

11 0 knows that there is no use of office
O'Keefe

Declaration in order to obtain the benefit of the act of Congress passed June the 7 th 1832 State of Georgia } An this ninth day of July in DeKalb County } the year Eighteen hundred and thirty three three personally appeared in open Court before the Superior of said County of DeKalb now sitting John Hays a resident of said State about aged very  seventy one years since the birth on the first day of November 1751 who being duly sworn according to law doth on his oath make the following declaration in addition to the one made in April last in order to obtain the benefit of an act of Congress passed June the 7 th 1832
That he entered the the service of the United States in the year 1776 as a volunteer as a private under Capt John Barker an officer of the Militia he was then a resident of what is now Rutherford County North Carolina the name of the County at that time not recollected. and marched from thence to the State of Tennessee for the purpose of subduing the Indians which were at that time very troublesome. he states he was in no general engagement at that time but in a small skirmish during that march to Tennessee he states he served four or five months. he then states he then returned home to his residence in North Carolina. he states in the year 1777 in the County of Bedford in the State of Virginia he again entered the service as a volunteer in the company of Capt Jas. Dickson a militia officer & served a term of six months. The Declarant further states that in the same year 1777 he entered the service again as a volunteer & private in the company

of Capt. Talbot and does not recollect the precise length length of this term of service but is certain it was at least five weeks & he believes longer. He further states that in the year 1778 he again entered the service in Washington County N. Carolina as a volunteer in the company of Capt. John Trimble who command a horse troop or company of Cavalry - he served in this company three months, & when dismissed was ordered to take himself in readiness for any emergency, and was called out on frequent scouting expeditions afterwards against the Indians, he states that he served a month at least in these scouting parties and that he was engaged in no civil avocation or pursuit during this time. This Declarant further states that from the length of time & consequent loss of memory he can not say with precision the length of time which he served in each campaign or tour but is certain that he served fourteen months at the least. He has no documentary evidence of his service except the certificate of a British Officer showing that he had been taken prisoner & a certificate that he has taken the oath of allegiance in the State of Virginia, he has a record of his age in a bible, was born in Bedford County Virginia, was living in Pittsylvania County N. Carolina when first called to service. He lived a while in Virginia after the Revolu- tionary war & from there removed to S. Carolina & resided there until nine years since when he settled in DeKalb County State of Georgia.

when he now resides, He never received any written discharge - He states that he is known to James Lemon Naman Hardman Robert Lemon William Hardman Joseph Lab V. George & Tolly who were in his neighborhood all of whom can testify to his character for veracity & of their belief of his service as a soldier of the Revolution. He hereby relinquishes all claim to a pension or annuity but the present & declares that his name is not on the pension roll of any state.
John Hays
Sworn to & subscribed in open court the day &
year aforesaid John Dobb J.P.C Edward Jones J.P.C Thomas Ray J.P.C. We Joseph N George a clergyman residing in the state and county aforesaid and James Lemon residing in the same do hereby certify that we are well acquainted with John Hays who has subscribed and sworn to the above declaration that we believe him to be eighty 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. Joseph N. George M.G. seem to and subscribed the day and year aforesaid James Lemon.
Thomas Ray J.P.C.
John Dobb J.P.C.
Edward Jones J.P.C.
And the said board do hereby declare their opinion after the investigation of the matters after putting the interrogatories presented 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 Joseph N George

Who has signed the preceding Certificate is a Clergyman resident in State & County aforesaid and that James Simons who has also signed the same is a resident of the same State and County and is a credible person and that their statement is entitled to credit
Edward Jones J.P.
John Dobbs J.P.
Thomas Ray J.P.
I Eliza B. Reynolds Clerk of the Superior Court of said County of DeKalb do hereby certify that the foregoing contains the original proceedings of the said Court in the matter of the application of John Hays for a pension. I do further certify that Edward Jones John Dobbs and Thomas Ray whose names appear to the foregoing Certificate are the acting Justices of said Court in contempt whereof I have hereunto set my hand and affixed my Seal of Office this 10 th day of July 1833
E. B. Reynolds Clerk

my hand and affixed my seal of Office this 10 day of July 1833
E. B. Keyes B.L.S.
John Thomas Hays

This is to Certify that Thomas Hays and John Hays are prisoners of war to his Majesty's troops given under my hand this 16 th Day of Sept r 1758.
J. Williams J. Ranger

John Hays M.S. 16405 Dr.

Wilford County to wit I DO hereby certify, that John Ward hath taken and subscribed the oath or affirmation of allegiance and fidelity, as directed by an act of General Assembly intitled An act to oblige the free male inhabitants of this state above a certain age to give assurance of allegiance to the same, and for other purposes. Witness my hand and seal, this 20th day of
August 1777
John Ward Seal