Revolutionary War Pension and Bounty Land Warrant Application File S. 31,707, Shared Gray, N.C.

SERVICE
166
Gray, Shared
NUMBER
8.31.707
CONTENTS

Kansas 26. III.
Edward Gray
Resided in the State of Ohio who was a Private in the Company commanded by Captain [unintelligible] of the [unintelligible] commanded by Col. [unintelligible] in the [unintelligible] Carolina line for [unintelligible]
5. No. [unintelligible] p. 21
Inscribed on the Roll of [unintelligible] at the rate of 20 Dollars per month for annum, to commence on the 14th day of March, 1834.
Certificate of Pension issued the 14th day of March 1834 and [unintelligible] 1134 Recd of Service [unintelligible]
Arrears to the 14th of March 1834 51.00 Semi-annual allowance ending 4 Sept " 10.00
$ 61.00
{ Revolutionary Claim, } Act June 7, 1832. }
Recorded by [unintelligible] Clerk, Book [unintelligible] Vol. 8- Page 137
See letter 22 nd July '35 to pension.

Declaration , In order to obtain the benefit of the act of Congress, passed June 7, 1832.
The United States of America } ss. Superior Court. Territory of Arkansas. }
On this the thirtieth day of January, A. D. 1834, personally appeared in open court, before the Superior Court of the Territory of Arkansas now in session, at Little Rock, in the county of Pulaski, in said Territory, Shadrach Gray, a resident in said county and Territory, aged seventy-five 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 Act of Congress passed June 7, 1832.
That in the year 1777 or 1778, (This applicant does not recollect which as he is now old and infirm, but knows that it was not long after the Declaration of Independence) about the first of May, as well as he recollects, he volunteered as a private soldier, under General Rutherford who commanded a body of men raised in North Carolina, to march against the Cherokee Indians - This applicant, at the time he volunteered lived in Meck-

lenburgh county, in said state, - Captain William Hagan commanded the company to which this ap- plicant belonged, and Colonel Adam Alexander the Regiment. They were footmen, and term of service about four months, which term he fully served. Genl. Ruth- erford commanded about three thousand men raised in North Carolina, and marched into the Cherokee Nation, where at the Middle Town , there he was joined by about fifteen hundred South Carolinians commanded by a Colonel or General Williamson, this applicant does not recollect which title he bore. Next morning after the junction of the two armies, they took up the line of march for the Valley Town and soon after their start early in the morning, they were attacked by a large body of Indians, and a battle ensued, in which the whites forced forced the Indians to retreat. The loss in this engagement on the part of the Americans, was between thirty and forty killed, and between eighty and ninety wounded. A detachment of about seven hundred men, of which this appli- cant was one, was left at this place to take care of the wounded and baggage, and to bury the dead, and the rest of the army marched on to the Valley Towns . When the Army returned from the Valley Towns , they returned to their homes, where this applicant thinks they arrived in the Month of September.

That during the year 1780, he was in service, as a private soldier. The principal part of the year, in some companies of Rangers, or Independent Companies, of horsemen formed and kept on foot for the purpose of harassing and the British and Lories. He still lived in Mecklenburgh county. He was in the course of this year under the command of several different Officers, viz. Major Davis, Captains Wm. Hagan and John Foster. This was a flying and fluctuating service, sometimes in North Carolina, but principally in South Carolina, whenever their services were necessary to check the Lories and British. As well as this Applicant can recollect, previous to the above service, in the year 1779, he volunteered under Captain White in a body of about three hundred men raised and commanded by Col. Wm. Hagan, (the captain Hagan mentioned above.) These troops were also raised to operate against the Lories, & were horsemen. They served three months, and were the principal part of the time in the neighborhood of Rutherford Court-house, North Carolina. He does not recollect that he received a written discharge from service in any of the terms above mentioned.
In December 1780, or in January 1781, this applicant was drafted as a private soldier in the Militia

of N. Carolina, from Mecklenburgh county; and served a three months term of duty under General Sumner, of the Militia; Col. Phipps commanded the the regiment in which he served; but the captain being a stranger his name is not remembered. The militia of N. Carolina assembled in a large body in Mecklenburgh County, near a meeting-house called New Providence. At this place a large body of the Regular Continental Army was also encamped. Thinks that Generals Gates and Greene were both at this place, at sometime during the stay of the troops there, but does not recollect distinctly which was in command of the Army. General Morgan & Col. Washington Washington, with their respective commands, were also at this place. It was after the defeat of Genl. Gates at Camden. During the stay of the troops here, Genl. Morgan & Col. Washington went down with a detach- ment, and captured Rugeley's Fort. Militia lay at this place until the expiration of their term of service. Applicant received a written discharge from this service, but has lost it by time or accident. He was born on the 11 th of June 1758, in Granville county, South Carolina: Has no record of his age; and no other evidence of it but that delivered to him verbally by his parents. About the close of the Revolutionary War, he lived four years in Rehoboth

Shaw District in South Carolina and then removed into Mecklenburg county, North Carolina, where he resided until the year 1815, when he removed to Bedford county, Tennessee; and in the last county and Williamson county in the same state, he lived until 1820, or 1821, not now distinctly recollected. From Williamson county, he came to Arkansas, where he now lives in the county of Pulaski. He refers to Hon. Benjamin Johnson, Hon. A. H. Sevier, Col. Samuel M. Rutherford, Mr. Geo. McLain, Richard C. Byrd, Hon. Wm. S. Fulton,
who can testify as to his character for veracity, and their belief of his services as a soldier of the Revolution. He has no documentary evidence and knows of no person, except his brother Jacob Gray, whose Testimo- ny he can procure, in Arkansas, who can testify to his said services. and
He hereby relinquishes every claim whatever to a pension or annuity except the present, and de- clares that his name is not on the Pension Roll of the Agency of any State or Territory.
Sworn to, and subscribed the 30 th day of January 1834.
Shadrach Gray
no Open Court
Wm. H. H. H.

We Samuel M. Rutherford and John K. Taylor, residing in Pulaski county aforesaid, hereby certify that we are well acquainted with Shadrach Gray, who has subscribed and sworn to the above declaration; that we believe him to be seventy-five 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 to the day & year last aforesaid. Samuel M. Rutherford John K. Taylor Wm. Philips C. C.
I, Jacob Gray, am a younger brother of Shadrach Gray, the applicant in the above declaration, and have some recollection of his absence from home, and reputed service in the Cherokee War. He further states that he believes from the rumor of the days of the Revolution, and from his personal knowledge of his brother's veracity, that all the statements contained in his said declaration are true.
Sworn to & subscribed the day & year last aforesaid.
Jacob Gray
Wm. Philips C. C.

And the said Superior 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 certify, that it appears to them, that Samuel M. Rutherford John K. Taylor and Jacob Gray, who have signed the preceding certificates, are residents in the said county of Pulaski, and are credible persons, and that their statements are entitled to full credit.
Rev. Cross Pho. P. Erkman B. Harrison } Judges
I William Field, Clerk of the Superior Court of the Territory of Arkansas, do hereby certify, that the foregoing contains the original proceedings of the said Superior Court, in the matter of the appli- cation of Jacob Gray, for a pension.
In Testimony whereof, I have hereunto set my hand as Clerk of said Court, and affixed the seal of said Court, this 30 th day of January, A. D. 1834, and of the Indepen- dence of the United States of America the fifty- eighth year.
Wm Field Clerk

I certify that this is a complete correct record, and that no part of it has been prepared to the clerk's certificate but is the same that was asked on in court - and also that I know the hands and signatures of the judges and clerk and know their names to be their signatures, and further that I know the hand writings of Rutherford and Taylor and know that their signatures to be genuine, and I mean more that you allow him, the applicant, for time as he prefers with certainty , throwing off the dispute or such perjury as an not  imposed with certainty .
Mark Gray's  Application for Pension
29. 7. 91. A. O. Lewis Abijah Francis Arkansas
John C. H. Turner

29. 721
Shaned Gray Arkansas
Return to
Adm
from
me
Hon A. H. Lewis
House of Rep

WAR DEPARTMENT,
Pension Office,
28 th February 1884
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 shew what is necessary to be done. Those points to which your attention is more particularly directed, you will find marked in the margin with a brace, (thus: { ). You will, when you return your papers to this Department, send this printed letter with them; and you will, by complying with this request, greatly facilitate the investigation of your claim.
A Statement, shewing the Service of Shadrach Gray .
   Period when the service was rendered. 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.     1719. 78~ Mis Gen Rutherford Cap. Hagan Col Alexander 75 years Rich. Kentucky County St. Co.  
I am, respectfully,
Your obedient servant,
JAMES L. EDWARDS,
Commissioner of Pensions.

REGULATIONS UNDER THE ACT OF JUNE 7, 1832.
The following regulations have been adopted:
This law has been construed to extend, as well to the line, as to every branch of the Staff of the Army, and to include under the terms "Continental Line," "State troops," "militia," and "volunteers," all persons enlisted, drafted, or who volunteered and who were bound to military service, but not those who were occasionally employed with the army upon civil contracts, such as Clerks to Commissaries and to Store Keepers, &c., Teamsters, Boatmen, &c. Persons who served on board of private armed vessels are also excluded from the benefits of the law, as well as persons who turned out as patrols, or were engaged in guarding particular places at night, and were not recognized as being in actual military service.
Four general classes of cases are embraced in this law:
 1. The Regular Troops.  2. The State Troops, Militia, and Volunteers.  3. Persons employed in the Naval Service.  4. Indian Spies. 
As rolls of the regular troops in the Revolutionary War exist in this Department, all persons claiming the benefit of this law as officers, non-commissioned officers, musicians or privates, will, in the first instance, make application by transmitting the following declaration, which will be made before a Court of Record of the County where such applicant resides. And every Court having by law a seal and Clerk is considered a Court of Record.
DECLARATION,
In order to obtain the benefit of the Act of Congress of the 7th of June, 1832.
State, Territory, or District of } ss. County of } On this day of personally appeared (a) before A. B. a resident (b) of in the county of and State, Territory or District of aged (c) years, who being first duly sworn, according to law, doth on his oath make the following declaration, in order to obtain the benefit of the provision made by the act of Congress, passed June 7th, 1832. That he enlisted in the Army of the United States in the year (d) , with and served in the (e) regiment of the line, under the following named officers :
[Here set forth the names and rank of the Field and Company Officers; the time he left the service; (and if he served under more than one term of enlistment, he must specify the particular period, and rank and names of his officers;) the town or county and State in which he resided when he entered the service; the battles, if any, in which he was engaged, and the country through which he marched. [This form is to be varied so as to apply to the cases of officers and persons who belonged to the militia, volunteers, navy, &c.]
He hereby relinquishes every claim (f) whatever to a pension or an annuity, except the present, and he declares that his name is not on the Pension Roll of any Agency in any State, or (if any) only on that of the Agency in the State of
Sworn to and subscribed the day and year aforesaid.
A. B.
[And then will follow the certificate of the Court.]
And the said Court do hereby declare their opinion (g) that the above named applicant was a revolutionary soldier, and served as he states.
I of the Court of do hereby certify (h) that the foregoing contains the original proceedings of the said Court in the matter of the application of for a pension.
In testimony whereof, I have hereunto set my hand and seal of office (i) this day of &c.
If, on examination of the proper record, the names of applicants, making such declaration, cannot be found, they will produce such proof as the rule given in note (j) points out.
Every applicant who claims a pension by virtue of service in the State Troops, Volunteers or Militia, except those who belonged to the New Hampshire Militia and State Troops of Virginia, will make and subscribe a declaration similar to the foregoing, with the following additions, viz:
(k) We, A. B., a Clergyman, residing in the and C. D. residing in (the same) hereby certify, that we are well acquainted with , who has subscribed and sworn to the above declaration; that we believe him to be years of age; that he is reputed and believed, in the neighborhood where he resides, to have been a soldier of the Revolution, and that we concur in that opinion.
Sworn and subscribed the 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 inquiry whether the belief is general, and whether any doubts have ever existed upon the subject.
Applicants unable to appear in Court, by reason of bodily infirmity, may make the declaration before required, and submit to the examination, before a Judge or Justice of a Court of Record of the proper county, and the Judge or Justice will execute the duties, which the Court is herein requested to perform, and will also certify that the applicant cannot, from bodily infirmity, attend the Court.
Whenever any official act is required to be done by a Judge or Justice of a Court of Record, or by a Justice of the Peace, the certificate of the Secretary of State or Territory, or of the proper Clerk of the Court or County, under his seal of office, will be annexed, stating that such person is a Judge or Justice of a Court of Record, or a Justice of the Peace, and that the signature annexed is his genuine signature.
No payments can be made on account of the services of any person, who may have died before the taking effect of the act of June 7, 1832; and in case of death subsequent thereto, and before the declaration herein required is made, the parties interested will transmit such evidence as they can procure, taken and authenticated before a Court of Record, showing the services of the deceased, the period of his death, the opinion of the neighborhood respecting such services, the title of the claimant, and the opinion of the Court upon the whole matter.
[a] The declarant must appear in open Court, unless prevented from doing so by reason of bodily infirmity; in which case the declarant will follow the rule laid down for his guidance.
[b] The declarant must make his declaration in the county where he resides. If he should fail to do so, he must assign a sufficient reason for not conforming to the rule.
[c] The age of the claimant must invariably be mentioned.
[d] The declarant must mention the period or periods of the war when he served.
[e] Every continental officer or soldier must give the name of the Colonel under whom he served; otherwise a satisfactory examination of the claim cannot be had. Every claimant must state, with precision, the length of his service, and the different grades in which he served, in language so definite as to enable the Department to determine to what amount of pension he is entitled. In a case where the applicant cannot, by reason of the loss of memory, state precisely how long he served, he should amend his declaration by making an affidavit in the following words:
"Personally appeared before me, the undersigned, a Justice of the Peace, &c. A. B. who, being duly sworn, deposeth and saith, that, by reason of old age, and the consequent loss of memory, he cannot swear positively as to the precise length of his service; but, according to the best of his recollection, he served not less than the periods mentioned below, and in the following grades:—For _____ year _____ months, and _____ days, I served as a _____. For _____ months and _____ days, I served as a _____; and for such service I claim a pension."
It is important, in all cases, to determine with precision the period for which each applicant served, and the particular rank he held, as the law directs the pension to be paid according to the grade of the pensioner and the length of his service. The use of the phrase about three or four months , is too indefinite, and all such qualifying expressions are objectionable. Some persons who apply for pensions merely state that they served two years in the militia, &c. without specifying the tours, the names of the officers, and other particulars respecting their service. This form of a declaration is highly objectionable. It must, in every case, be clearly shown under what officers the applicant served; the duration of each term of engagement; the particular place or places where the service was performed; that the applicant served with an embodied corps called into service by competent authority; that he was either in the field or in garrison; and for the time during which the service was performed, he was not employed in any civil pursuit.
[f] The law makes the relinquishment indispensable.
[g] The opinion of the Court is always required.
[h] The Clerk must give his certificate in every case.
[i] The Clerk must affix his seal, and if it has no device or inscription by which it can be distinguished from any other seal, or if he has no public seal of office, the certificate of a Member of Congress, proving the official character and signature of the certifying officer, should accompany the papers.
Mode of authenticating papers.
In every instance where the certificate of the certifying officer who authenticates the papers is not written on the same sheet of paper which contains the affidavit, or other papers authenticated, the certificate must be attached thereto by a piece of tape or narrow ribbon, the ends of which must pass under the seal of office of the certifying officer, so as to prevent any paper from being improperly attached to the certificate.
Proof of Service.
[j] In a case where the name of the applicant is not found on the records of the Department, he must prove his service by two credible witnesses who are required to set forth in their affidavits the time of the claimant's entering the service, and the time and manner of his leaving the same, as well as the regiment, company, and line to which he belonged. The magistrate who may administer the oaths must certify to the credibility of the witnesses, and the official character and signature of the magistrate must be certified by the proper officer, under his seal of office.
[r] The notes from (a) to (i) are all equally applicable to the cases of Militia men, Volunteers and State Troops. The proof required by rule in note [j] applies to continental troops only.
[k] This traditional evidence is indispensable in militia cases.
[l] 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.

July 27 Ark. Lr.
Mr. Edwards -
pension officer.
Washington City

Little Rock A. T. June 16 1835
Sir. I am a pensioner my Claim brought forward by Colo Sever our Delegate. The Claim passed only for Twenty dollars, for Twenty one Months Service &c My brother Jacob Gray upon the same proof, served only two years his passed for upwards of fifty dollars &c Should it be by mistake I wish it altered If by deficiency I wish you to write to Little Rock and let me know what is to be done &c if any thing wrong I wish time to rectify it before Colo Sever comes to Washington. I will send you the Twenty dollar Certificate and you can send me a Claim for my right &c
Mr Edwards
I am sir with all due respect yours
Shadrach Gray

31 707 Reg INVALID.
File No. 31,707
Shaned Gray
His Rev War
Act: June 7 th 1897
Index:—Vol. 2 , Page 165-
[Arrangement of 1870.]