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Selah Gay's Widow's Pension

On July 29, 1848 Congress passed An Act for the Relief of certain surviving Widows of Officers and Soldiers of the Revolutionary Army, which entitled all widows of Revolutionary War veterans to pension equal to the pension their late husband would have been entitled to, as long as they were married before January 2, 1800, and the widow had not remarried.

This must have been good news for Selah Gay, my fourth great-grandmother, whose husband Zerobabel Gay had served in the Revolutionary War, and who had died 10 years earlier (see Zerobabel Gay in the Revolutionary War). Zerobabel Gay's pension records include documents related to his own pension, but the bulk of the file concerns Selah's claim and its restoration after the civil war.

I've included all the relevant documents below along with my attempt at a transcription, but I'll summarize so you don't have to read the whole thing.

In December 1850 Selah Gay swore out a statement noting the facts and providing the necessary character witnesses. In March 1851 she was entered on the pension rolls, payable in Nashville, Tennessee. She presumably collected her pension twice-yearly until 1860, when she moved to Kentucky. She hadn't transferred her pension by the time the war broke out, and of course once that happened one couldn't collect a United States pension in the Confederacy.

So in 1866, Selah Gay petitioned to be returned to the pension rolls, and to be transferred to the Louisville office. What followed was a series of mildly interesting bureaucratic twists: she had initially claimed to be on the pension rolls in Washington City (whatever that is) rather than Nashville, and she would have to now swear an oath of loyalty, and that she had never supported the rebels or their cause. Having done all that, she had to ask the Interior Department to return the pension certificate she had sent them earlier.

In May 1867 her pension was finally restored, and she would have collected payments all the way back to September 1860. Selah Gay died the next year at the age of about 85.


This is Selah Gay's statement noting that she qualifies for the Widow's Pension under the terms of the Act.


State of Tennessee, Davidson County

On the 14th day of December 1850? personally appeared before the undersigned a Justice of the Peace in and for said County, Selah Gay, a resident of Davidson County in the State of Tennessee, aged sixty nine years, who being 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 29th 1848”.

That she is the widow of Zerobabel Gay, who was a pensioner of the United States, and drew his pension at Nashville in the state of Tennessee, at the rate of fifty 00/100 dollars per annum for services rendered during the Revolutionary War.

She further declares that she was married to the said Zerobabel Gay on the 17th day of August in the year Seventeen Hundred and ninety seven, that her husband, the aforesaid Zerobabel Gay died on the 18th day of August in the year Eighteen Hundred and thirty eight, that she was not married to him prior to his leaving the service, but the marriage took place previous to the second of January Eighteen Hundred, viz at the time above stated. She further swears that she is now a widow and that she has never before made any application for a pension and that she has no other record or documentary proof in support of her claim than that hereto annexed, which is the original genuine family record as kept by her husband in his lifetime and which contains a correct date of their marriage and of her husband’s death and the first born child of herself and the said Zerobabel Gay to wit Henry Gay was born on the 22nd day of September in the year Seventeen Hundred and ninety eight.

Sworn and subscribed before me the day and year above written,
J.H. McEwan [Joseph H. McEwan]

Selah Gay (her mark)


State of Tennessee
Davidson County

I Joseph H. M’Ewan Justice of the Peace in and of the County Court of said County, do hereby certify that I am personally acquainted with Selah Gay who has this day sworn to + subscribed the foregoing declaration before me and that by reason of old age and bodily infirmity she is rendered unable to attend the County Court of said County for the purpose of making the declaration in open court, and that she is a person of veracity and good standing and that the facts set forth in her said declaration are entitled to full faith and credit. Witness my hand this 14th day of December 1850.

J. H. M’Ewan

State of Tennessee
Davidson County

I Felix R. Cheatham, Clerk of the County Court of said county, do hereby certify that Joseph H. McEwen, whose signature appears to the foregoing Declaration and Certificate is and was at the time of signing the same an acting Justice of the Peace and of the County Court of said County, which is a Court of Record, and Chairman of said Court duly elected Commissioned and qualified and (obscured by seal) signature thereunto purporting to be his are genuine.

In testimony whereof I have hereto set my hand and affixed my seal of office this 16th day of December A.D. 1850.

F. R. Cheatham, Clerk
by L. P. Cheatham ??




Department of the Interior
Widow’s Pension

I certify that in conformity with the act of July 29, 1848, Selah Gay, widow of Zerobabel Gay who was a private in the revolutionary war, is inscribed on the pension list at the rate of Fifty -- dollars and __ cents per annum, commencing on the 4th of March 1848, and continuing for life, unless she should again marry; in which case the Pension is not payable after the time of such marriage.

Given at the Department of the Interior this Sixth day of March one thousand eight hundred and fifty one.

Alex H. H. Stuart
Secretary of the Interior

Examined and Countersigned

J. E. Heath
Commissioner of Pensions


State of Kentucky
County of Marshall

On this 1st day of September A.D. (1866) one thousand eight hundred and Sixty Six personally appeared before me J. W. Dycus [John W. Dycus] Clerk of the County Court in said State and County, the same being a Court of record, Selah Gay, aged 84 years, a resident of Marshall County State of Kentucky, who being duly sworn according to law, declares that she is the identical widow of Zerobabel Gay, who was a pensioner on the roll of the agency at Washington City, and whose pension Certificate is herewith returned; that she has resided since the first day of January A.D. 1861 in said Marshall County Ky; that during this period she has got her subsistence by staying among her friends as best she could; and that she has not in any manner or means aided the rebels, or manifested a sympathy with their Cause; and that she was last paid her pension on the (blank) day of September A.D. 1860 -- Selah Gay (her mark).

This application is made for the purpose of securing? a restoration of her name to the pension rolls, and of obtaining a new pension Certificate, such as she may be entitled to under existing laws, references being made to the evidences heretofore filed in the pension office to substantiate her original claims. Also personally appeared William McKinney and Edward Ellis residents of said County, persons whom I certify to be respectable and entitled to credit, and who being by me duly sworn, say they were present and saw Selah Gay sign her name make her mark to the foregoing declaration; and they further swear that they have every reason to believe from the appearances of the applicant and their acquaintance with him [sic] that she is the identical person she represents herself to be; and they


further swear that they have no interest in the prosecution of this claim; and they further swear that the said Selah Gay is still and has been a widow since the first day of January 1861.

William McKinney
E. N. Ellis

Sworn to and subscribed before me this 1st day of September A.D. 1866; and I hereby certify that I have no interest, direct or indirect, in the prosecution of this claim.

J. W. Dycus, Clerk of the Marshall County Court Ky
and Seal of said court annexed.

I Selah Gay to solemnly swear in the presence of Almightly Lord, that I will henceforth faithfully support, protect and defend the Constitution of the United States and the union of the States thereunder; and that I will in like manner abide by and faithfully support all laws and proclamations which have been made during the late rebellion with reference to the emancipation of Slaves; so help me God. Selah Gay (her mark).

Sworn and subscribed before me this 1st day of September A.D. 1866.

J. W. Dycus Clerk of the Marshall County Court Ky


Department of the Interior
Pension Office
Nov 2, 1866

Your Claim for restoration has been suspended. Your name appears upon the Nashville, Tennessee roll. You allege it (smudged) inscribed upon the Washington City roll.

A supplemental declaration should be made and in it you should explain matters to which I have alluded. If you have resided in Kentucky since 1861, why did you not procure a transfer to an agency in Ky; to enable you to draw your pension during the late rebellion. Proof must be filed that you did not in any manner encourage the rebels, nor manifest a sympathy with their cause.

?? Yours Very Respectfully,
Joseph H. Barrett
Commissioner

Mrs. Selah Gay
Benton, Ky



Paducah Ky Dec 12, 1866

Hon Joseph H. Barrett [Joseph Hartwell Barrett]
Commissioner of Pensions

    Sir - I have this day been called on as Claim Agent by old Mrs. Selah Gay to have her pension papers put in shape so as to enable her to be transferred from former pension agency at Nashville Tennessee to Louisville Kentucky. She now resides in Ky. She was, as you will see from papers on Pension Roll many years, and paid at Nashville, but part of the Rebel work was to demolish all agencies to pay money under laws of the U. States inside Southern Confederacy. A transfer is what she now wants, and how that is to be done in her case is the question. To what date was she last paid must be ascertained in order to begin to transfer to Ky agency. I have before me your letter of 2nd Nov last + herewith enclose same. As I stand on the books of pension office a licensed claim agent, I trust I may ask that her certificate and whatever forms are required will be sent to my care for her.

Respectfully,
J. B. Husbands

J. B. Husbands, on behalf of Selah Gay, to Commisioner of Pensions Joseph H. Barrett.

Paducah Ky March 1st 1867

Hon Joseph H. Barrett
Comm. of Pensions

Sir -- I am much obliged to you for the information ?? through the Ky agt Col Pennebaker in relation to the pension case of Selah Gay, Widow of Zerobabel Gay. I find that she was inscribed on the Nashville Roll under Act of July 29th 1848. and was paid to 4 Sept. 1860. She resides now in Marshall County Ky and wishes to draw all the undrawn part of her pension, and that she may do so, to be transferred to pension agency at Louisville Ky. I have your circular of June 10th 1865. giving instructions for such cases then to proceed. Also blank forms ??; still the most important document of her case is absent and that is her pension certificate. She says and her son says, that this was sent to pension office some time since, where it is now. This paper is indispensable in making out her case for a transfer -- and she desires it returned to her, so as to enable her to proceed. She can do nothing without it. Please send same or copy thereof to her, to my care.

J. B. Husbands
for pensioner

Selah Gay's Amnesty Oath

I Selah Gay do solemnly swear in the presence of Almighty God that I will henceforth faithfully support protect and defend the Constitution of the United States and the Union of the States thereunder, that I will in like manner abide by and faithfully support all laws and proclamations which have been made during the existing rebellion with reference to the emancipation of slaves so help me God.

C. Bell
James Spence
Selah Gay (her mark)

Sworn to by Selah Gay before me this 19th day of April 1867

James Spence clerk
McCracken County Court

(stamped May 2 1867 by the Department of the Interior Pension Office)


Restoration Brief in the Case of Selah Gay, Widow of Zerobabel Gay, Revolutionary Soldier Benton, Marshall County State of Kentucky Act July 29 1848
 
Claim for new Pension Certificate

Proof Exhibited

She was a pensioner in the Roll of Nashville Tenn at $50.00 per annum paid to Sep 4 1860. She returned? for her certificate + claims restoration having made proof of loyalty + widowhood by ??

Restored May 3, 1867 to pension of $50.00 per annum commencing Sep 4. 1860.

Name and residence of Agent
J. B. Husbands. ??

W. E. Trask, Examining Clerk

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