Revolutionary War Pension and Bounty Land Warrant Application File S. 6,949, David Hays, N.C.

SERVICE
NUMBER
N.C.
Hays, David
S. 6. 949
Born in N.C.
CONTENTS
carded

16.349 North Carolina
David Hays
of Burke - in the State of Chatham
who was a Prisoner in the
commanded
by Captain
of the Regt
commanded
by Col. Locke
in the N.C.A.
time for 11 months
Entered on the Roll of N. Carolina at the rate of 38. Dollars 33 Cents per annum, to commence on the 14th day of March, 1831.
Certificate of Pension issued the 31 st day of July '33 and Sister H. M. Reane Morganton. N.C.
Arrears to the 14th of March 1842 76.66 Semest. allowance ending 4 Sept - 19.16 $95.82
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded by C. Price Clerk, bk 6 Vol. 6 Page 43 .
Dead
Paid at the Treasury under the Act of 6. April 1838 from 1 st March to 4. Sept 1842 Cgt Notified 1. Oct 1844

State of North Carolina Court of Pleas and Quarter Burke County Session January Session 1833
On the 28 th day of January 1833 personally appear- ed in open Court, before the Justices of Burke now sitting David Hays a resident of the County of Burke and State of North Carolina aged 73 years who being first duly sworn ac- cording to Law, doth on his oath make the following Statement & declaration, in order to obtain the benefit of the act of Congress passed 7 th of June 1832.
That he entered the service of the United States, under the following named officers, and served as herein stated.
That in the month of July 1777, he entered the service of the United States under Captain John Brandon of the Rowan Militia Com- manded by Francis Locke Col d . Under General Rutherford and marched over to the Chero- kee nation and was in that service over 3 months. This was a tour of 3 months. It returned with General Rutherford to Rowan & was regularly discharged the next day of service was for 3 months as a militia man under Captain James Huggins to reinforce General Gates in the year 1780. just before his defeat near Camden, that the day before Gates was defeated he was sent off in a detachment against some British under one Colonel Graves & by that means not being in the battle that he saved the regiment and was regularly discharged by his Captain James Huggins. This next was a tour of 2 months as a light horse man finding his own horse & accou- trements under Captain Brandon of Rowan Militia

This was in the fall of 1780 whilst Lord Cornwallis  Rodney was in Charlotte Mecklenburgh N.C. he served there for 2 months out & was again regularly discharg- ed.
His last regular term of service was for 3 months under Captain James Cather, Commanded by General Rutherford when he drove the British from Wilmington N.C. in the year 1781. after which his 3 months having ex- pired, he was regularly discharged by his Capt.
General Gates Commanded in chief General Decalb was under him General Mollovood of the Maryland Line also. Decalb was killed - after Gates Defeat we retreated & joined General Sumpter in South Carolina and also after the retreat of Lord Rodney  Rodney Colonel Washington joined them with his troop: He was in the Life Guard of Rutherford in the Wil- mington Campaign when the British were driven off. That he has no documentary evidence of his services except the affidavit of Joseph Hays marked (V) hereto annexed. In answer to the question propounded by the Court as required by the War Department. I first saw I was born in Rowan County N.C. on the last day of September 1760 - there was a record of my age in an old bible of my father's now belonging to Capt. Hays at his home - I lived in Rowan when called into service & stayed there until about 1807 when I moved to Burke & Plunkett where I now live.
I was closed & the class was called on the first time. I was always a volunteer after that, as to the regular officers of the forces I served with I have stated them above as well as I can recollect for my memory.

fails me much. I read discharges every time I served, but have lost them all. I think my discharge was always signed by the Captain of the Company I served in as it was generally given me by the Captain. I cannot state the names of Persons in my neigh- borhood who can be got here at this time to certi- fy for me for I have hunted about & cannot find one but must try & send some one up to court. If I cannot get here myself I will be in Open Court Subscribed 29 th Jan 1833 J. E. M c Cluk
David Hays
Jacob Harshaw a resident citizen of Shelby County Ky. hereby certifies that he has known David Hays for 20 odd years, that they are near neighbors, that he is respected & believed in the neighborhood where he resides like a man of truth and veracity, that he (affiant has ever since his knowing said David Hays who has made the above declaration) heard him repeat- edly speak of his being a Soldier of the revolu- tion & talk of his services, that he believes said Hays to be about 73 years of age. & knows him to be a man of undoubted veracity & he has no doubt of his having served as by him stated.
Subscribed in Open Court Jacob Harshaw 29 th January 1833 J. E. M c Cluk
and Peter Ballew swears that he is a neighbor of David Hays that said Hays is a man of undoubted veracity & that he has known him for 20 odd years that he has been raised near
Subscribed in Open Court 29 th January 1833 J. E. M c Cluk
P. Ballew

And the said Court do hereby certify that they declare it to be their opinion, after the investigation of the matter, and after putting the interrogatories prescribed by the said department, that the above named applicant David Hays was a Revolutionary Soldier, and served as heretofore and the Court further certifies that it appears to them that Joseph Hays who has signed the preceding Certificate marked (A) is a Resident Citizen of this County and that Jacob Harnshaw and (col) Peter Ballou who have signed the two foregoing certificates are both resident citizens of this County all credible persons and that their statements are entitled to full credit.
I James Edwin Clerk of the Court of Pleas and Quarter Sessions for the County of Burke do hereby certify that the foregoing contain the original proceedings in the matter of the application David Hays for a Pension.
In testimony whereof I have hereunto set my hand and seal of office this day of February 1877.
J. Edwin (clerk)
David Hays's Pension Application

February 9, 1934
XXXXXXXXXXXXXXXXXXXX
David Hays-S.6949
BA-5/ANT
Mrs. A. C. Elliott 4212 Laluz Street El Paso, Texas
Dear Madam:
Reference is made to your letter in which you request the Revolutionary War record of David Hayes, who received a pension in Burke County, North Carolina.
The data furnished herein were obtained from the papers on file in pension claim, S.6949, based upon the Revolutionary War service of David Hays, as his signature appears in the claim.
David Hays was born the "last day of September, 1760" in Rowan County, North Carolina; names of his parents not stated.
While residing in said Rowan County, he enlisted in July, 1777 and served three months in Captain John Brandon's company, Colonel Francis Locke's North Carolina regiment, in an expedition against the Cherokee Indians. He enlisted in August, 1780 and served three months in Captain James Huggins' company, a part of the time under Colonel Isaacs. He served two months in the fall of 1780 in a company of Light Horsemen, commanded by Captain Brandon. He enlisted in 1781 and served in Captain James Gathey's company, was in the campaign to Wilmington and one of The Life Guard of General Rutherford, length of this service three months.
He moved from Rowan County, in 1807 to Burke County, North Carolina, and was living there when he

was allowed pension on his application executed, January 28, 1833.
The soldier, David Hays, stated in 1833 that his father's Bible was then at the home of Joseph Hays, and one Joseph Hays in 1833 was living in Burke County, North Carolina. It is not shown that the two Joseph Hays referred to were the same person, and it is not stated that Joseph Hays and David Hays were related.
David Hays was deceased in 1842. He left children, whose names are not given nor is the name of his wife shown.
You also inquire in your letter as to the relationship of David Hayes to Robert Mayes. There is no reference in this claim to a Robert Mayes, under any spelling of the surname.
Very truly yours
A. D. MILLER Assistant to Administrator

4212 La Luz St., El Paso, Texas.
Jan. 30, 1934.
Veterans Bureau, Washington, D.C.
Dear Sirs:
What information can you give of David Hayes who received a pension in Burke county, N.C. age 92 years? Give name of wife and children.
What was the relation of Robert Hayes to David Hayes?
Give Revolutionary service.
Thanking you for information.
I am, sincerely, Mrs. A. C. Elliott

Reborn
6949
INVALID.
File No. 6949
David Hays
Rev Rev War
Act: June 7th 1832
Index:—Vol. 1  ef , Page 160
[Arrangement of 1870.]
Feb 8. List to Mr. R.C. Smith

TREASURY DEPARTMENT,
SECOND COMPTROLLER'S OFFICE,
Feb'y 8 th 1844.
Sir:
Under the act of the 6th of April, 1838, entitled "An Act directing the transfer of money remaining unclaimed by certain Pensioners, and authorizing the payment of the same at the Treasury of the United States," and the third section of the Act of August 23, 1842, extending the time within which pensioners may receive their pensions from the pension agents, (The child n of David Hays, decd. a Pensioner on the Roll of the North Carolina Agency, at the rate of Thirty eight Dollars and 33 Cents per annum, under the law of the 7 th June 1832, has been paid at this Department, from the 4 th of March - to the 4 th Sept. 1842,
Respectfully, yours,
J. Brown B. Davis
Comptroller.
To the COMMISSIONER OF PENSIONS, Present.

State of North Carolina (4) 1/2 Count of Piamand Duke County 3 quarter sessions January 26 th 1833.
Comes into Open Court Joseph Hays who being duly sworn according to law on his oath deposeth and saith that in the month of July 1777 David Hays who now offices in the benefit of the act of Congress of the 7 th June 1832 entered the service of the United States under Captain John Branton, Col Francis Locke Colonel (both of the Malitia of Rowan County N.C.) under General Rutherford and was marched as it was said against the Cherokee Indians that he entered for the term of three months and was absent over three months and returned with the rest of the Malitia who had been out under Lock, lost when David Hays had commanded & went out to the Cherokee towns & burnt them as was said. He also swears that in the year 1780 said David Hays served the term of three months under Cap -tain James Ferguson & went off to reinforce General Gates just before he was defeated near Camden N.C. & returned with the other soldiers who served along with him from Rowan & that after their return he said David Hays served the balance of his time of 3 months about the Waxhaw settle- ment in South Carolina as was said for he returned along with other men who had started off with him: the next was a

term of 2 months in the Horse under said Captain Brandon of N. C. Rowan Militia at the time the British Army in Charlotte N. C. & were overrunning the Country &c. etc. Deponent knew of said David Hays going off in said Service & returning at the same time the others did who went out under Captain Brandon.
The next term of Service was for a term of three months under Captain James Colley at the time General Rutherford drove the British off from Wilmington in the year 1781 that said David Hays went off & returned with the troops who served in said expedition as one of General Rutherford's Life Guard.
Sworn to and subscribed in open court 29 th January 1833 J. C. McElk.
Joseph Hays