Revolutionary War Pension and Bounty Land Warrant Application File R. 4794, John Hays, N.C.

SERVICE
NUMBER
16.6 Hays, John Mary
R. 4794
2
CONTENTS

Declaration
in order to obtain the benefit of the act of Congress of the 7 th July 1838 entitled an act granting half pay and pensions to certain widows
State of North Carolina }
Buncombe County } February 1 st 1849
Personally appeared before me James Sharp a Justice of the peace for the County aforesaid Mary Hays of said County aged Eighty five years who being first duly sworn according to law doth on her oath make the following Declaration in order to obtain the benefit of the provisions made by the act of Congress passed July 7 th 1838 entitled an act granting half pay and pensions to certain that she is the widow of John Hays who was a private in the war of the Revolution the further Declares she has a distinct recollection of hearing her husband the aforesaid John Hays say he was there several years in the war of the Revolution against Great Britain and was in several Battles and that he was very little at home during several years and she further Declares she saw him have a legal Discharge since their marriage The further Declares the said Discharge is lost or mislaid she further Declares she was married to the said John Hays in May one thousand seven hundred and ninety one having no document Evidence to prove the said marriage but from the age of her eldest child which was Born 1792 That her husband the aforesaid John Hays died on the fifteenth day of July one thousand Eight hundred and thirty 1830 and that she was not married to him prior to his leaving service but the marriage took place previous to the first of January Eighteen hundred and ninety four as at the time aforesaid stated - she further swears she is now a widow and that she has never before made any application for a pension and the Reason she has never applied before was she was informed

That she was not entitled from the fact her husband died before the act was passed for the benefit of Revolution soldiers sworn to and subscribed this day and date above
test J. Sharp
Mary his Hays mark
State of North Carolina Buncombe County } January 1 st 1849 I do hereby certify that Mary Hays whose name appears to the foregoing Declaration is unable to attend our Court of pleas and quarter sessions from old age and bodily infirmity certificate by me J. Sharp
State of North Carolina Buncombe County } January 2 nd 1849 personally appeared before me J. Sharp a Justice of the peace for said County Solomon Phelps of the County aforesaid aged Eighty six years and made oath in due form of law that he became acquainted with John Hays whose name appears in the foregoing Declaration before the commencement of the Revolution war and he further swears he entered the service of the United States with the said John Hays at Batesford in North Carolina against the British and that they were commanded by General Davidson and Col. Lock

and that him and said John Hays was in the Battle at Pea Ridge on the Coatawba River where and when General Davidson was killed and that him and said John Hays served that three months longer and was then surrendered and it was a general Report that the said Hays served out several terms and he further declares when he again became a- quainted with the said Hays which was forty six years past the said Hays was then married to the said Mary Hays who maketh the foregoing Declaration they then had a family of children and they lived together as husband and wife up to his death which took place nineteen years past and as to the legality of this marriage he never heard it contradicted and that the said Mary Hays has remained a widow ever since
Sworn to and subscribed the day and date above Adam Schlegel test J. A. Sharp
State of North Carolina Buncombe County February 6 th 1849 Personally appeared before me James Sharp a Justice of the peace for said county. Hugh Rogers aged fifty five years who being duly sworn according to law who saith that he became acquainted with John Hays whose name appears in the foregoing Declaration forty eight years past he was then living with the

said Mary Hays who maketh the foregoing Declaration they was then living together as husband and wife and had five children and have lived together up to his death which took place in the year of 1830 as to the legality of the marriage he never heard it controverted and he further swears she has remained a widow ever since and he further swears that the said John Hays was always considered as a revolutionary soldier
Sworn to and subscribed the day and date
Hugh Rogers
James Sharp
N Carolina
Buncombe County }
I do hereby certify that Nelson Phillips and Hugh Rogers whose names subscribe to the foregoing affidavit full faith and credit is due to their declaration either an oath or otherwise Feb 13 1849
James Sharp
State of North Carolina
Buncombe County
I Alex Henry Clerk of the Court of pleas and quarter sessions of the County aforesaid do hereby certify that James Sharp whose name appears to the a have qualified as an acting Justice of the peace and his signature is hereunto. done at office Asheville Feb 14th 1849 Alex Henry Clk Deputy Clerk

Mary Hays widow of John Hays -
Revolutionary Pension
Mary Hays daughter of John & Mary Hays -

State of North Carolina
Buncombe County
June 2 nd 1849
personally appeared before me James Sharp - a Justice of the peace for said County
Jane Wolf aged fifty four years who being duly sworn according to law, doth on her oath make the following statement, That she is the second child and daughter of John Hays, and Mary Hays who filed her declaration and sent it to the pension office in Washington to obtain a pension on account of the Revolutionary services of her father John Hays She further declares she was born the fourteenth day of December one thousand seven hundred & ninety four 1794 according to the record in her possession and ever since she was very young and she further declares she had a brother near two years older than herself and she further declares from her first recollection her father and mother John and Mary Hays was living together as husband and wife up to his death which was the 15 th day of July 1830 her mother Mary Hays the plaintiff has remained a widow ever since and as to the legality of their marriage she never heard it contradicted and often heard her father John Hays speak of being several lawyers in the Revolutionary war
Sworn to and subscribed the day and date above before me
J. Sharp (P. Secy)
Jane Hays mark
State of North Carolina
County of Buncombe
I Alexander Henry Clerk of the Court of Common Pleas & Quarter Sessions of said County hereby certify that James Sharp before whom the foregoing affidavit

was made was at the date thereof a justice of the peace duly commissioned and sworn and that the signature attached to said affidavit and purporting to be his is genuine In Witness whereof I have hereunto subscribed my name and affixed my seal of office This the 14 th day of June 1847
Ala Henry Clerk p. S. & P. Indigo D.C.

State of Ohio Buckeye County
On this 7 th day of February 1853. personally appears before me Thomas J. Patten One of the acting Justices of the Peace in and for said County State, Adams. Philips Aged Eighty Nine Years, a revolutionary Soldier who after being qualified according to Law Says That he became acquainted with One John Hays (who is now dead), while they was both Boys and Continued their acquaintance up to the time they was grown and entered the Army of the United States in the Revolution and That they was messmates in the Army That he Philips Continued in Service two Three Months Longer, when he Philips was discharged & Hays Continued in the Army much longer, and That he Hays Received Certificates of pay to a Large amount, and That the said John Hays Continued in Service a much Longer Term than I did he would think as much as Three Years or more That after peace was made he did not know much of the said John Hays until the year 1803 or 1804, when we again became companions & friends in the County of Buckeye aforesaid he was then Married to the late Mary Hays by whom he had 3. or 4 Children. Some of whom are now dead and That the said Mary Hays Continued to be the widow of the said John Hays up to the time of her death which took place on the 9 th day of March 1857, in said County of

Beneath having surviving his wife Jane Wolf. James Hays & Sarah Spiva (Mrs Wolf being the oldest is now fifty Eight years of age that the said John Hays & his wife Mary was legally Married about the year 1794 or 1795. I have no doubt, as their eldest Children died, they were always by the community regarded as man & wife and their Children at their death, acquired their property from my knowledge of the survivors of the said John Hays I am fully satisfied that he is the identical John Hays who received the Enlarged of pay filed in his case of a large amount, Swarthmore before me This 7 th . Feby 1853. Adam Phelps
Tho S. Patton S.P.

Acts of July 14, 1862, and March 3, 1873.
4794
P. O.
Mary Hayes
Service: wid of John
Enlisted: _____, 18
Discharged: _____, 18
REJECTED
Application filed: _____, 18
Alleges: _____
Re-enlisted: _____
Attorney: _____
P. O. _____
_____ Recognized. _____ Contract.
_____ Cert. of Dis. Searched for _____, 18

James E Heath Esq Sir
Washington July 20 1853
Enclosed I send the Affidavit of Adam Phillips an old Revolutionary Soldier and a Pensioner in support of the claim of Mary Hays widow of John of North Carolina which together with the proof now on file will be sufficient to remove the objection, that now exists to its allowance
Very Respectfully Yours obedt Servt G. B. Dune,

James E Heath Esq (Washington Feby. 18. 1852) Sir
You will find herewith a Power of Attorney in the Case of Mary Way's widow of John, who was an Applicant for a Pension from North Carolina
The parties interested in this case desire that the evidence on file may be reexamined and the Objections to its allowance if any, may be communicated to me or that I may have the privilege of examining the papers myself
Very Respectfully Yours Obedient Grob Ames

Know all men by these presents That I Sarah Hays of the County of Buncombe and State of North Carolina do hereby erroneously constitute and appoint George Crickmore of Washington City D.C. My true and lawful attorney for me and in my Name to examine into Mary Hays de d Claim for a pension against the General Government which is claimed By her as Widow of John Hays de d and I hereby confirm what so ever my said attorney may see or cause to be done in the prosecution of said Claim I hereby giving all the authority I may have given to any other person in the premises whatsoever
Given under my hand and seal this 7 th February 1852.
Sarah Hays Seal
State of North Carolina Buncombe County } On this 7 th day of February 1852. personally appeared before me Isaac B. Sawyer an acting Justice of the peace for said County Sarah Hays who acknowledged the foregoing power of attorney to be her act, and said and I certify that I am acquainted with the said Sarah Hays and that she is the person present who executed the above power of attorney.
Given under my hand and seal the date above
J. B. Sawyer Seal

State of North Carolina Rutherford County
I Robert B Vance clerk of the Court of Pleas & quarter Sessions for said County do hereby certify that Isaac B. Sawyer who signed the foregoing acknowledgement is and also at the time of signing the same a justice of the peace in and for said County duly qualified & Commissioned according to Law and that his acts is entitled to full faith and credit as such and that his signature is genuine
In witness whereof I have hereunto subscribed my name and affixed the seal of my said office at office in Asheville 7 th Feby 1852.
R. B. Vance Clk of Rutherford County Court,

GENERAL AGENCY AT WASHINGTON.
DUFF GREEN, } BEN. E. GREEN } ATTORNEYS AT LAW. Richard H. Clarke
Practice in the Courts of the District of Columbia and Supreme Court of the United States.
Have made arrangements for the prompt execution of any law or agency business in the Southern and Western States, and the Territories.
Attend promptly to Claims before Congress, or any of the Departments at Washington; including Soldiers' Claims for Bounty Lands, Pensions, &c. Claims arising under the revenue laws, for return of duties, &c. &c.
Address as above, postage paid.
Towers, print
Washington July 5th 1849.
Hon. J. L. Edwards
Commissioner of Pensions.
Sir: In the Revolutionery Pension case of Mary Hays widow of John Hays, we beg leave to file the accompanying affidavit of Jane Hays Wolf, 2 nd child of claimants, as additional evidence.
In the Rev. Pen. case of Martha Helmet widow of Doras Helmet, we beg leave to file the accompanying declaration for the purpose of obtaining the benefit of act of Congress 2 nd Feb 1848.
Please find among the papers of Mary Hays the affidavit of Adam Philips & the certificate of the Comptroller of Public Accounts Accounts of S. Carolina which you will please consider as evidence in the cases to which they refer. In the case of Adam Philips we beg leave file the accompanying letter from his agent in S. Carolina showing his reasons for not applying for a pension soon, his declaration will soon be received by us, and filed.
The Rev. Pen. of Capt. Thomas Little has been before the Pension office for some time. Please inform us whether any and what additional evidence will be required or whether it is

not fully made out.
Your early attention to the above will greatly oblige
Your obedient servants Duff Green, Buel Green & R. H. Clarke

N 13793
Mary Hays, wid of John Me act of July 1838
4794

Raleigh N.C. Compt Office
I William G. Collins Comptroller of Public Accounts in and for the State of North Carolina do hereby Certify that the name of John Hays appears of record in this Office as having had a Speed Certificate issued in his favor for Military Service for One Hundred and Thirty Eight Pounds 14 Shillings and Three Pence ($138.19.3) given under my hand and Seal this 15 th day August A.D. 1848 See Book. M. No. 15 Page 2.
Wm. Collins Compt

Andrew
Mary Hays N.C.
56 May

State of North Carolina { Comptroller's Office
I, William J. Clarke, Comptroller of Public Accounts, in and for the State aforesaid, do hereby certify that it appears of record in my office, among the payments made by said State to sundry persons for Military services in the Revolutionary War, as follows to wit:
John Hayes
Enlistment or Army certificate issued by Auditor of Salisbury District No. 8998, £13 S 14 D 6 specie for Militia service.
Ditto Halifax Auditor, No. 4817 £6 S 11 specie.
Ditto Warrenton " £46 S 8 specie.
Vol. A 7605 £6 S 12 specie.
There is also a payment of £138 S 19 D 3 Book A M. No. 15 page 2, made to a Continental soldier, entirely distinct from the above.
In testimony whereof I have hereunto set my hand and affixed my seal of office this 19th. day of February 1853.
Wm. J. Clarke Compt.

Hon. S. P. Waldo Comr. of Pensions Washington City D.C.

Asheville N.C. 9 th Decr 1854
Hon. L.P. Waldo
Commissioner of Pensions
My Dear Sir
I have not troubled you much in a long time and must now beg that you will bear with me in submitting thoughts to you. You refuse to allow the Claim of the heirs of Susannah Lytle the late wife of Capt Thomas Lytle I believe your decision was that she could not draw a pension for the reason that she died before the passage of the act of the 3 rd March 1843. Now it seems to me that she would be entitled under the acts of 4 th July 1836. and the 7 th of July 1838. if she is not entitled under those acts. What in God's Name is the use of those acts. Her Husband died in 1835, she lived to 1841- or 1842, will you please to give this case some attention, for in truth it puzzles me to see how you can refuse paying the claim, for the reasons above stated.
The Case of Decy Pitman. I must confess I can not see how you get around allowing it I produce the Comptroller's Certificate I then filed the affidavit of Col. Samuel W. D. Anderson who says he knew Pitman long and well and that he was convinced by the Hugh Burkhart as having been a soldier of the Revolution, & that there was no other Thomas Pitman in A.L. to his knowledge. I also sent you a copy of the last will of Thomas Pitman in which he gives his

entire Estate to his wife The identical Alice Pitman for whom I am prosecuting this claim The Laws of the Country in which they resided recognized her as his wife. when they had resided for many years. The Case of The heirs of Mary Hoags is an other case in which the Department should I think have allowed the case long ago in this case we also produce the ass proofs Certificates for large payments, we also produce The affidavit of Adam Philips who swears that he saw The husband of Mary Hoags in in actual service, (Now Adam Philips is a man who has resided in this country a long time and I can at any time when required prove by The Very best men of the country that he Philips is a man whose character for Truth and Honor is as good as any mans in The World The Hon. Thomas L. Clingman knows him and will tell you the same things In The case of Sarah Powers widow of Bradly Powers, I have produced the affidavit of Rawley Alexander who saw The man, so I do not see how you disallow her claim June 3 rd , July 1853, as it appears that she was married after 1800
Now Sir If I did not after knowing all the facts connected with these cases as far as an individual of my age could know them (I being 44 years of age) think that they are honest & just claims I would not ask you to allow these one cut, Mr Clingman the present able and faithful representative of The Present Congress lives in The same town I do and I refer you to him

as to my fairness in Business I have been quiet for some time respecting this claim hoping that the late excelsior hot summer has had the effect to soften your Heart towards those elder and respected Ladies & their Children for the people of those days that tried mens souls are fast passing away,
I will mention another thing while writing. I had sent to Mr the Lord if you to a young man by the name of Milton who went to receive the Children, he died before I received the answer what ought to be its fate, should it be returned to the department, he had no wife or Children, is his mother entitled to it. His father is also dead,
I am my Dear Sir your Very Humble & ob't servant,
Isaac B. Sawyer

Pension Office March 14 th 1831,
Sir,
In reply to your letter of the 8 th instant, I should say, that the cases referred to by your correspondent, Mr. Sawyer, have not been re-examined, since they were reported to him.
A copy of the Pension Laws was for- warded to Mr. L. in compliance with your request.
I have the honor to be Very Respectfully, Your W th . Servant, J. M c Leod Commissioner
Hon. J. E. Clingman, Mem r of Rep s .

No. 24. March 18 th 1852
Sir
I complied with your suggestion to me yesterday & return the enclosed note with a view
to your having the cases referred to, examined as you propose
Very respectfully
Wm. L. P. Waldo T. Clifton

State of North Carolina
Beaufort County
Know all men by these presents that I James Hays of the County and State aforesaid do hereby constitute and appoint L. B. Barrow of Asheville N.C. my true and lawfull Agent & attorney for myself and two Sisters Jane Wolf and Sarah Sping to prosecute our Claim to a Pension in Right of our Deceased Father & Mother John Hays and Mary Hays my said agent and attorney is hereby authorized & Empowered to file such Testimony as he may think necessary in the prosecution of said Claim and to examine all the papers and documents now on file relating to said Claim and to appoint one or more substitutes under him for the purpose herein expressed and to do any and all lawfull things in and about said Claim hereby ratifying and confirming all lawfull things and acts done by him. Thats my hand and seal this 6 th of Feb 1855 Signed sealed and delivered in presence of James Hays (Seal) Mark

13,793
Let Geo C. Allen, June 4/52 Same June 11/53 W. L. Klingman Mason 24/54 Let to same March 31/49 " " H. Green Ho Aug 9/49 " " Same Oct 2/49 " " J. B. Sawyer Oct 1/50 Same Dec 23/1834 Same Feb 15/1855 Feb - 7 July - 1858
J. B. Sawyer - check 3,1857-

Rev. Mary Hays Mary Holland Decy Pitman N.C. Dec 1838 Bradley Powers N.C. Dec 32 Thos Lytle N.C. Dec 32
Rev. John H. Clarke Bishop of Pennsylvania

State of North Carolina
Pencombe County
On this 18th January 1855. Come before me John Thrash an acting justice of the Peace in and for said County Berry Hemen aged Eighty two years past, a respectable and Creditable Citizen of said County of Pencombe and after being duly qualified according to Law, depose and say as follows to wit, That he became acquainted with one John Hays in said County of Pencombe about the year 1807 or 1808. John Hays aforesaid was then a married man. I lived a close neighbor to him knew him and his family well his wife Mary Hays and there were children to wit, Joseph Hays (who afterwards married William Wolf), Polly, John, James & Sarah who afterwards married William H. Speery, (Joseph, Polly & John, has since died) Barring James Hays, John, Wolf & Sarah Speery there were seven surviving children he was much in the company of the said John Hays and had frequent conversation with him respecting his services while a soldier in the Revolutionary war, have often heard him relate many incidents & feats performed by himself and his fellow soldiers in the service of his country against the British, he is fully satisfied that the said John Hays was a long time in the Revolution war, was a brave & meritorious soldier he has no doubt that he was a truthful and honorable man he well knows the said John Hays died in said County of Pencombe some twenty or thirty years ago his widow Mary Hays also died in the County aforesaid about,

The year of 1851 1852 or 1853. but he think she died in 1852, he was not present when the Marriage Ceremony was performed but, from the kind & affectionate manner of their treatment to each other he has no doubt But they were legally & lawfully married about the year of 1791 or 1792 for the reason that their oldest son Joseph (who is now dead) would be about sixty three years old, (if living) The Neighbours always regarded them as man and wife. That at the death of the said John Hays, Esq. the law of the State recognized the said Mary as his widow, and she received a widows portion of his property. The law and the citizens regarding her as his lawfull wife and that the John Hays above referred was the husband of Mary Hays who some years ago filed a Declaration for a Pension & that Jane Wolf James Hays & Sarah Sperry are the children & only surviving heirs of the Eliza John Hays and Mary Hays decd.
I subscribe to subscribed before me this 18 th of Jany 1855
John Thrash J.D.
Henry Warren mark

State of N o Carolina Brunswick County
I John Thrash a Magistrate in and for the County aforesaid do hereby certify that I have been intimately acquainted with Henry Warren who executed the foregoing affidavit about thirty two years and know him to be a highly respectable and creditable Citizen of said County and that he is a man of remarkable recollection of his age, and a man whose statements I would undoubtedly believe, January 18th 1855 John Thrash (JP)

Asheville N.C. 7th Feby 1855
Hon. S. P. Waldo
Dear Sir
You will please find Enclosed the affidavits of Perry Hare & Andrew Culberson, which I wish you to examine in the case of Mary Hays of Buncombe County.
This Case was presented some years ago by James Sharp Esq, with the testimony of Hugh Rogers & Adam Philip, after Mr Sharp left the Country, the Case was given to me. I went and saw Mr. Philip who is now a prisoner of the United States, who informs me that he had seen John Hays in the army and Hays was his Mesmate a portion of the time. I thought & still think that that with the Comptroller's Certificate which was on file could leave no doubt on your mind about his right to a Pension, I now send you the affidavit of his old neighbor who was well acquainted with the old man and his family. It seems to me that if you will take the trouble to examine all the papers in this case you will not hesitate to allow the Claim. In the Case of Alice Pitman I sent a copy of the old man Thomas Pitman's will in which he gives his property to his wife. Recd. you know not any thing of Revenue this, you have not informed me about dispositions you have made of the Case of Sarah Powers, after

I sent you the Proof of Arrowsmith etc please let me know from you
I am Sir
Yours truly
J. P. Lacoyan

State of North Carolina
Buncombe County, 3
On this 18 th of January 1855 came before me John Thrash an acting justice of the Peace in and for said County Andrew Calberson aged sixty six years a highly respectable Citizen of Buncombe County & after being duly qualified according to Law Depose and say as follows to wit That he became acquainted with John Hays & his wife Mary about fifty years ago That he knew him and his family long & well That from the ages of their Children (which is correctly set out in the affidavit of Wm. Neighbour Perry Herring) They must have been married in or about the years of 1791 or 1792, that he was not present at the marriage ceremony but from the affectionate manner of their treatment to each other he has no doubt that they were lawfully married That the said John Hays was always regarded and believed to have been long in the Revolutionary War, that he was a man of Honor and True Courage he well knows and that he was the only son Hays that he ever knew or heard of as belonging to the service That there was various Circumstances connected with the old mans life that leaves no doubt on his mind that the said John Hays was a brave and Meritorious Soldier in the Revolutionary War, that he has heard read the affidavit of Perry Herring and fully concurs in the Matrimonial facts & statements set forth therein

That the said John Hays died some twenty or more years ago that his said widow the said Mary died in said County some two or three years ago that said Mary left her surviving three children to wit Jane Wolf former Hays and Sarah Speers known to be her in the hand of the undersigned 18 th of January 1855.
John Thrash (J)
State of North Carolina Buncombe County
I John Thrash a Magistrate in the County and State aforesaid do hereby certify that Andrew Kellerton who executed the foregoing affidavit is a highly respected and Ordinate Citizen of said County and that any statement he would make I would substantially believe you record my hand this 18 th of January 1855.
John Thrash (J)

State of North Carolina Buncombe County
I R. B. Vance Clerk of the Court of Pleas and Quarter Sessions for the County aforesaid do hereby Certify that John Thrash Esq. before whom the within affidavits of Berry Hemen & Andrew Culberson was presented & sworn to is and was at the time of their execution a Justice of the Peace in and for said County duly Commissioned & qualified and that the signature purporting to be his is genuine and I further Certify that the said Berry Hemen & Andrew Culberson are well known to me and that they are respectable & credible Citizens of said County, and that their statements are entitled to full faith and Credit.
Given under my hand and seal of office at office in Asheville this 19 th day of January A.D. 1850.
R. B. Vance Clerk of Buncombe County Court.