Revolutionary War Pension and Bounty Land Warrant Application File S. 31,093, John Hays, Penn.

SERVICE
NUMBER
Penn
Hays, John
S. 31,093
CONTENTS

13,658
Kentucky
John Hays
of Campbell Co. in the State of Kentucky who was a private in the Company commanded by Captain Moore of the regt, commanded by Col Broadhead in the Penna line for 1 year,
Inscribed on the Roll of Kentucky at the rate of 40 Dollars — Cents per annum, to commence on the 14th day of March, 1834.
Certificate of Pension issued the 30 day of May 1833 — and sent to Mrs W. Southgate, Compton
Arrears to the 14th of March 1837, 80. —
Pension allowance ending 24 Sep 33 20. —
$ 100. —
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded by Wm Allison Clerk.
Book E. Vol. 7. Page 12

State of Kentucky County of Campbell
On the 25 th day of April in the year 1833 personally appeared in open court, before the circuit court of Campbell County now sitting John Hays a resident of Campbell County in the State of Kentucky aforesaid aged Seventy Six Years, who being first duly sworn according to law, took on his oath under the following declaration, in order to obtain the benefit of the act of Congress passed June 9 th 1832.
That he entered the service of the United States under the following named officers, and served as herein stated. In the year — the precise year he cannot now recollect - but it was the year that the War of the six Nations of Indians was taken and as then - He entered the service of the United States as a volunteer under Col. Broadhead - That Jeremiah Longhery was his captain - and that he was present at the taking of the Town of the six "Nations of Indians" - and at a small battle on the day before with the Indians - that this engagement continued for two months or thereabouts - He then resided in West Moreland County in the State of Pennsylvania - Afterward he volunteered under Capt. John Moore - and continued in service for about one month. That afterwards in the said County of West Moreland in the State of Pennsylvania he volunteered for three months in the year 1780 - under the said Jeremiah Longhery, who was his captain and Archy Longhery was the Colonel. That he continued with said Longhery for some months and was discharged by Capt. Longhery at - Hanover town in West Moreland County Pennsylvania

and that his discharge was burnt after ward and after the war he thinks - at the burning of Hanna's Creek by the Indians - That he was in no battle during the last major event. That he was marched along the thin frontier frequently - That he was well acquainted with one William Tucker, a regular soldier who was in the company commanded by Capt. and after ward by Capt. John Grinn Stokely. That said Tucker is now in court - ready to testify that
Interrogatories proposed by the court -
1. When & in what year were you born? Answer. In Ireland - in the year 1757 in the month of March 2. Have you any record of your age, and if so when is it? Answer. - I have no record of my age - none in my memory - 3. When were you living when called into service? When have you lived since the last major war & when do you now live? Answer. - I resided in Westmoreland County Pennsylvania when I entered the service - and have lived there and in Campbell County Kentucky ever since - and that he volunteered in the service as here before stated
4. State the names of some of the regular officers who were with the troops, when you served. etc. Answer. I remember that Col. Stokely, and Capt. Stokely of the regulars, and Capt. Grinn were with us. and I remember also Tucker who is now present. I was discharged as before stated & my discharge was burnt as also stated above - I also remember - Capt. John Grinn -

State the names of persons to whom you are familiar in your present neighborhood, & who can testify as to your character for veracity, & their belief as to your services as a soldier of the Revolution.
I am known, and have been known for the last twenty years, by Major Alfred Sandford. Genl. James Taylor, Richard Smith, etc. Saml. Kennedy, and many others.
The hereby subscribing may claim whatever is a pension, or an annuity, from the present, & declare that his name is not on the pension roll of the agency of any state. Second to & subscribed this day & year aforesaid
Spoken Hays
We William Tucker and a clergyman residing in said county of Campbell and state aforesaid, upon their oaths declare that they are acquainted with John Hays who has subscribed and sworn to the foregoing declaration, that we believe him to be seventy six years of age that he is respected and beloved in the neighborhood where he resides, to have been a soldier in the Revolution, and that we concur in that opinion. And the said William Tucker further upon his oath declares that he is also a pensioner and served in the revolutionary army, and that he knew the said John Hays well - that he saw him while in the service of the United States - frequently - that said Hays belonged to the detachments to which he states in the foregoing declaration he did belong - and that he served as therein stated - to the best of his knowledge and belief - he further states that he has been intimate with John Hays

we find the War and that he recognizing him identifies him as the same man sworn & subscribed before the said in open court.  His William X. Tucker Mark
And the said Court do hereby declare their opinion after investigating the matter, & after putting the interrogatories prescribed by the War Department, that the above named applicant was a serviceable soldier, and served as he states, and the Court further certifies that it appears to them that in a  the application  residing in the County of Campbell in the State of  Kentucky, was that William Tucker who has the signed the same is a resident a pensioner in said County of Campbell & State aforesaid and is a credible person and that the statement is entitled to credit.
I John M. Saliafano clerk of the cir- cuity court for Campbell County do hereby certify that the foregoing con- tains the original proceedings in the matter of the application of John Mayer for a pension -
In Testimony whereof I have hereunto set my hand and seal of office this 18 th day of May 1833.
J. M. Saliafano Clerk Campbell Circuit Court
John Mayer

State of Kentucky } Campbell County } Sec.
On this 27 th day of March in the year 1826 personally appeared in Open Court being a court of record (expressly made so by the laws of the Commonwealth of Kentucky) for the County of Campbell aforesaid. John Hays resident in said County aged sixty seven years past, who being first duly sworn, according to law, doth, on his Oath, make the following declaration, in order to obtain the provision made by the acts of Congress of the 18 th March 1818. - and the first May 1820, That he the said John Hays enlisted for the term of nine months on the _____ day of _____ in the year 1779 in the State of Pennsylvania in the company of Rangers commanded by Captain Jeremiah Laughray - in the Regiment commanded by Archibald Laughray in the line of the State of Pennsylvania, on the continental establishment and that he continued to serve in said corps until the expiration of the period of his enlistment when he was discharged from the service in the State of Pennsylvania, that his discharge was burnt in Harris-Town, when the town was destroyed by fire in the year 1781 - That he hereby relinquishes every claim whatever to a pension - except the present. That his name is not on the roll of any state except Pennsylvania, and that the following are the reasons for not making earlier

application for a pension. That he heretofore considered himself able to maintain himself with the assistance of his son who has recently married and left him and but for that circumstance and the situation of his family as will be seen by reference to the schedule of his property hereto annexed - And his advanced age, and the dislocation of both of his shoulders occasioned by a fall from off a fence which prevents him from manual labour - he would still be able to support himself, without the assistance of his country - But as his circumstances are at present he is himself unable to labour and some of his family in a situation not to help themselves.
(And in pursuance of the act of the 1 st of May 1820.) I do solemnly swear that I was a resident citizen of the United States on the 18 th day of March 1818. and that I have not since that time by gift, sale, or in any manner, disposed of my property or any part thereof, with intent thereby to diminish it as to bring myself within the provisions of an act of Congress entitled "An act to provide for certain persons engaged in the Land and Naval Service of the United States in the revolutionary war." passed on the 18 th day of March 1818.) - and that I have not nor has any person in trust for me, any property, or securities, contracts or debts due to me, nor have I any income, other than what is contained - in the schedule hereto annexed and by me subscribed. To wit,
  One horse aged 14 years or thereabouts $ 25.00   One cow and calf 8.00   Cooking utensils 5.00   Leatherboard 5.00   22 hogs & pigs 15.00   John Hays $ 58.00 

That since the 18 th of March 1818 no change has taken place in my property of any importance except such of my cattle - and hogs as have been used for family consumption - That he is by occupation a farmer and he is at this time in consequence of age and the dislocation of his shoulders mentioned aforesaid unable to pursue it - That his family residing with him consists of his wife aged 63 years, quite infirm and five children to wit. Betsy aged thirty subject to frequent fits and wholly unable to do any kind of business - Isabella aged twenty five a cripple in both feet occasioned by a burn - Rachael aged twenty two - and Sarah aged fourteen years, and Samuel aged seventeen years - That he considers himself in such indigent circumstances as to require the assistance of his Country -
Sworn to and declared, on the 27 th day of March in Open Court before me
Wm Reddick Presiding Justice
State of Kentucky } Campbell County } S. H. }
I James Taylor Clerk of the County aforesaid do hereby certify, that it appears to the satisfaction of the Court that the said John Hays did serve in the revolutionary war, as stated in the preceding declaration, against the common enemy for the term of nine months under one engagement on the continental establishment. I also certify, that the fore

= going oaths, and the schedule thereto annexed are truly copied from the records of the said Court; and I do further certify, that it is the Opinion of the said Court, that the total Amount, in value, of the property exhibited in the aforesaid schedule, is fifty-eight Aol
= law. In In Testimony whereof I have hereunto set my hand, and affix- ed the Seal of the said Court— on this 30 th day of March 1826 James Taylor. Clk

19.943
John Hays Campbell City N.Y.
Hon. James Johnson H. Rep. April 10. 1826

No 24.989 John Hays Campbell Co. Kentucky
from — private 1 year $40.
Wm W Southgate Covington Campbell Co Ky

WAR DEPARTMENT,
Pension Office,
183
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 John Hays Campbell  Col Kentucky
   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.     Vol. 2 months Private Col Broadhead 76 years Witness Wm Tucker no   Vol. about one month Capt Longley Westmoreland Co traditional evidence   Vol 1780 9 Capt Moore Perryhausa by name given  
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.
[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 _____; 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, 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.
[k] The notes from [a] to [j] 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.
[l] This traditional evidence is indispensable in militia cases.
[m] If a witness cannot be found, the declarant must state the fact.
[n] The answers to the interrogatories must all be written, and sent to the War Department, with the declaration.
John Ashton

31093 Rev INVALID.
File No. 31,093
John Cays Pii Rev War
Act: June 7 th 32 nd
Index:—Vol. 2, Page 172
[Arrangement of 1870.]

Acts of July 14, 1862, and March 3, 1863.
4786
P. O.
John Hays
Service: _____
REJECTED
Enlisted: _____, 18
Discharged: _____, 18
Application filed: _____, 18
Alleges: _____ _____ _____
Re-enlisted: _____ _____
Attorney: _____
P. O. _____ _____
_____ Recognized. _____ Contract
_____ Cert. of Dis. Searched for _____, 18

19.943.
John Hays, Campbell Ky.
Hon. James Johnson, N.E.
Rec d . 10 Apr. 1826.
Resd d - See letter, 11 Apr. 1826 -
4786

recd April 10. 1826.
Mr Edwards
Museum Office
John May P.O. Box 10. 1826 Hon. James Monroe H.R.

John Hays O. Blain
Recd Ap. 10. 1826
Hon. James Wilson H.R.
Insurer Office
Mr. Edwards
recd April 10. 1826.

Washington City
9th Ap. 1826
Sir. I enclose the declaration of John Hays who applies for a pension, with your be so good as to examine the records, or rolls to which he alludes to see whether his name can be found, and whether he served in the continental establishment nine months during the revolutionary war
Respectfully
James Monroe

Carrington Ky May 2 1833
Free
L L Edwards Esq Pension office War Department Washington City
May 14
11
24989

Leavington New Jersey
May 2 nd 1833
Sir, I enclose to your Department the declaration of John Hays, a resident of Cape May County. You will perceive that he has not been able to procure the evidence of a clergyman, because there was none residing in his neighborhood who knew him. I have ventured therefore to rely on the positive evidence of those who identified him, and upon that evidence the cost was satisfied and accordingly certified. If upon examination the Dept. should be of opinion that he is entitled to a pension - please forward the certificate to me - and if granted it would be more convenient to have the certificate made payable at the Union City agency. According to the regulations of the Dept. I beg leave to refer to my friends Messrs. Barry, Amos Kendall, and Andrew J. Donelson Esqrs., of your city.
Very Resp. Yours. ob. h. s.
J. L. Edward Esq.
Wm Lloyd Southgate