Pension of America Gay, Rusk Co, Texas *********************************************************** Submitted by: Candace Gravelle Date: 7 Aug 2003 Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm *********************************************************** Mexican War Pension of America Gay, widow of Hilliard M. Gay, filed in Rusk County, Texas on March 29, 1887: March 29, 1887 Declaration of Widow for Pension State of Texas, County of Rusk On this 29th day of March, One Thousand Eight Hundred and Eighty Seven, personally apeared before a Clerk of the District Court of Rusk County in the State of Texas, America Gay, who after being duly sworn, declares: That she is a resident of Henderson in Rusk County, State of Texas, and deposes and says: " I am the widow of Hilliard M. Gay, who served under the name of Hilliard M. Gay, as a ???, in the company commanded by Captain Jack ? Loyal, an independent Company, in the War with Mexico. That my said husband enlisted at Covington ??, Georgia on or about the __ day of May 1846 for the term of ? ? months. That I was taken to wife under my name of America Gay by my said husband by living with him as his wife on or about the 15th day of October 1852 at Jasper County in the State of Georgia and lived with my said husband from the date of his taking me to wife until the day of his death, the 6th day of November 1881, when my said husband died at Rusk County in the State of Texas. That my said husband, being duly enlisted as aforesaid actually served sixty days with the Army of the United States in Mexico in the war with that nation, which service was as follows: Per the record of the enlistment of HIlliard M. Gay in Jack Loyals Independent Company, and was honorably discharged at Mobile, Alabama in 1848. That my said husband was actually engaged in battle in said war, to wit, in the battle of Cerro Gorde?, at Cerro Gordo Mixico on the 18th day of April 1847 and was nonorably discharged at Mobile, Alabama in 1848. That I am 57 years of age, and that I wa born on or about the __ day of 1830 at Wills? County, in the State of Georgia. That I am disabled by infirmity as well as phethesic ???. That I claim this pension by reason of the fact that I am dependent in whole or in part for my support on my relatives or my friends not legally bound for my support, and tht such dependences as alleged consists of this to wit; from age and phthise ? can not labor sufficient to support myself. That I have not heretofore made application for pension. That in support and proof of my right to pension, I tender herewith, under the regulations prescribed by the Secretary of the Interior, the following evidence: The testimony of A.K. Van Sickle and John W. Howel ?, both of whom knows my dependence and infirmity to be true. I am a colored woman. That since the day of the death of my said husband I have resided in the following places to wit: Henderson, Texas. My present address is Henderson town in the State of Texas. America Gay, X, her mark. Witnesses: A.K. Van Sickle, J.W. Howel ? March 29, 1887 Mexican Wars Pensions, Witness Affadavit State of Texas, County of Rusk. Personally appeared, A.K. Van Sickle, who being duly sworn, deposes and says: I have known America Gay for the space of 30 years and I was requested by said America Gay to sign my name as a witness to the declaration for pension, sworn by her on the 29th day of March 1887 and that at her request, I so signed my name as a witness; that she the said America Gay is the identical person who signed the foregoing declaration. That the said Hilliard M. Gay actually served 60 days with the Army of the United States in Mexico; that I swear to these facts as follows: That he and I often had conversations about the War and from historical facts spoken of by him and I can safely say he was there and served in said War. That the said Hilliard M. Gay was actually engaged in a battle at Cerro Gorre ? at Cerro Gordo Mexico on the 18th day of April 1847, and ws honorably discharged and from these facts I swear to from knowledge obtained as follows: From hearing him tell incidents there occurring that history says are true. That the said America Gay is disabled by reason of age and phthese ? to do labor and support herself when trhown upon her own services. That the said Hilliard M. Gay was born on the 25th day of Noember 1824. That I have no interest in the prosecution of this claim. A.K. Van SIckle March 29, 1887 July 20, 1887 State of Texas, County of Rusk Personally appeared before J.E. Smith, a clerk of the District Court of Rusk County, Texas, A.K. VanSicke, a citizen of the County of Rusk, State of Texas, on his oath stating that he is 59 years of age; and also appearing G.M. Gothard, a citizen of said Rusk County state of Texas and 59 years of age, both of whom being by me duly sworn on their oath, say that they knew and have been intimately acquainted with Hilliard M. Gay, deceased and America Gay, for more than 14 years before the death of him the said Hilliard M. Gay. And that the said Hilliard M. Gay and America Gay resided together and lived as man and wife all the years that we knew them.; the said America Gay performing all of the duties of the household as a wife, and that during said cohabitation there were four children born unto them, and which said children were claimed and recognized by the said Hilliard M. Gay as his children from the time of their birth to the day of his death; and the birth of said children was recorded in the Famiy Bible of him the said Hilliard M. Gay, and in his own handwrite, which said Bible record is this day shown, and exhibited to us by the said America Gay, and the following is a true and correct copy of the rcord of the birth of said children as therein found; and also that of the said HIlliard M. Gay and the said America Gay and of the record of the death of him, the said Hilliard M. Gay: Hilliard M. Gay was born November 25, 1824 America Gay was born August 22, 1832 Alexander Stevens was born on Friday 30 October 1857 at 9 o'clock Jasper Gay was born 14 Feb 1860 Tuesday at 9 o'clock at night Leugenia Gay born Sept 9th 1863 Tuesday 3 o'clock Caroline Gay was born 19 July 2 o'clock evening 1865 Hilliard M. Gay died November 6th 1881. And that the said Hilliard M. Gay at no time whatever had or claimed any other woman as his wife, save and except the said America Gay; and the said America at no time had any other husband and at the death of the said Hilliard M. Gay, she followed his remains to the grave exhibiting all that affectionate grief that a woman does upon the demise of the husband that she loves. And there affiants further says that at their first acquaintance with the said Hilliard M. Gay, that he had chronic diarrhea which he said had been contracted in Mexico during his service there in 1846 or 1847 as a soldier of the United States Army there in Mexico, and that said disease continued to grow worse and worse upon him until his death. And we are informed and believe tht said disease was the cause of his death, and affiants further say that since the death of the said Hilliard M. Gay, that the said America Gay has not remarried with any other person. A.K. Van Sickle, G.M. Gothard Sworn to and subscribed by A.K. VanSickle this July 20th, A.D. 1887. Sworn to and subscribed by G.M. Gothard this Sept 27th, 1887. Given under my hand and seal of office in Henderson, on this 27th day of Sepember 1887, J.E. Smith. Clerk, District Court, Rusk Co., Texas. Oct 5, 1887 Mexican War Pensions Office, Washington, D.C. Received Affadavits of A.K. Van Sickle, and G.M. Gothard, regarding pension application of America Gay, regarding Cohabitation and Birth of Children. October 8, 1887 Widow's Pension of America Gay, of Henderson, Rusk County, Texas, approved at the rate of eight dollars a month, commencing January 29, 1887. Wm. Hallon, Examiner, Ohnsted ?, Reviewer June 26, 1888 Letter from C.B. Kilgore, of Rusk County, Texas to the Department of the Interior, Bureau of Pensions To the Commissioner: In this matter I desire to submit the following statment predicated upon my own personal knowledge of the prties: I was personally acquainted with Hilliard M. Gay. He was a white man, and served in the Mexican War and returned and lived for several yers in one of the counties of my Congressional Districts. I know partly from my own personal knowledge and prtly from general reputation that he lived and cohabitated with a colored woman who called herself Mrs. America Gay. She was of African descent. Under the Statutes of Texas, which have been enforced with more or less rigor, a white man cannot contract a legal marriage with a woman of color, and such marriage would be void ab initio. I desire to state that if a pension has been issued to this woman predicated upon the theory that she was entitled thereto by having been the wife of the said Hilliard M. Gay....that she not be entitled to the same under any possible construction of the law. The above facts I know of my own personal knowledge and would verify the same by my affadavit if requried. C.B Kilgore, Rusk, Texas. May 15, 1890 Law Division, Pensions Office Regarding America Gay, alleged widow of Hilliard M. Gay, Pvt. GA Vols., Mexican War CTF No. 1402 Respectfully referred to the Chief of the Old War and Navy Div'n, for the purpose of being briefed, and submitted, subsequently, to the Chief of the Board of Review, for consideration as to the propriety of dropping pensioner's name from the Rolls. Statement: Pensioner filed her declaration April 7, 1887. She did not allege marriage, but stated in her declaration that she "was taken to wife". She was the nego cook of the soldier who cohabited with her. The result was the birth of four illegitimate children, mulattos. Pension was issued Oct 10, 1887. Said issue was error. By an Act approved June 5, 1837 at which date Texas was a Republic, marriages were not only forbidden between persons of European blood and Africans or their descendants, but such union was made a felony. (Sect. 2843). The relation existing between pensioner and soldier commenced in October 1852. The question arises, did the above inhibitation exist at that date and during the said relation? In the case of Frasher vs. the State of Texas, Vol. 3, Reps. of Texas Court of Appeals, I find find that it was held that Article 2016 (Pascal's Digest of the Penal Code) which makes it a felony for a white person to marry a negro or person of mixed blood, has not neen abrogated or invalidated by the adoption of the 14th and 15th Amendments; nor was it repealed by the legislation of 1866, nor the Act of 1869, legalizing marital relations among themselves. This is also the law of Georgia, where the connection between pensioner and soldier is alleged to have begun. (See Sec. 1708, Part 2. Title 2, Code of Georgia.) Further, Sect. 6 of the Sylabus to the above decision, sets forth that it is, and always has been, the policy of this State (Texas) to maintain separate marital relations between the whites and the blacks. It will be observed, from the opinion herewith, that pensioner has been illegally pensioned and her name should be dropped from the Rolls. After pensioner's name is dropped from the Rolls, please return the case to this Division, for further action upon the question of refundment. Alvan T. Tracy, Acting Chief, Law Division February 24, 1891 Deposition of America Gay, regarding being dropped from the pension rolls On this 24th day of Feb'y 1891 at Henderson, County of Rusk, Stte of Texas, personally appeared America Gay, before a Special Examiner of the Pension Office M.C. Davis, who being first duly sworn, deposes and says: My name is America Gay. I am about 59 years old. My P.O. address is Henderson, Texas. I am the same America Gay that was pensioned as the widow of Hilliard M. Gay, a Medican War soldier. Question from Special Examiner to America Gay: " mrs. Gay, the Commissioner of Pensions has decided that you are not the legal widow of Hillard M. Gay and that the amount of pension money drawn by you has been unlawfully drawn, and he has ordered me to demand of you the refundment of the amount so drawn, to wit: $282. 04. Are you ready to pay said amount? Response from America Gay: Sir, I aint got no money, not a cent. Question from Special Examiner to America Gay: Remembering that you are making a statment under oath do you say that you own no property of any kind? Response from America Gay: I don't own no property of no kind. The white people took my land from me. Mr. Gay left me 260 acres of land and the white folks took it away from me because they said that Gay owed them. I was put off the land year before last. I don't own anything now, not even a cow. I think I have a right to that pension and I would not pay the money back if I could, for I was the only wife that Hilliard Gay ever had. I understand your questions and my answers are correctly responded. America Gay, X, her mark WItness: Caroline Gay and M.C.Davis Sworn to and subscribed before me this 24th day of Feb'y 1891, and I certify that the contents were fully made k nown to deponent before signing. M.W. Davis, Special Examiner February 24, 1901 Deposition of James Whitfield, Tax Collectioins, Henderson, Rusk County, Texas I hereby certify that I have examined the Tax Rolls of Rusk County, Texas for the year 1890 to ascertain the value and kind of property assessed against America Gay if any, and I do not find that she is assessed at all, either with real or personal property. Her daughter Caroline Gay is assessed with one horse at ten dollars and two cows, five dollars each, but there is nothing assessed in the name of America Gay. Witness my hand and seal this 24th day of February, 1891. Jas. Whitfield, Tax Coll. , Rusk, Texas February 24, 1891 Deposition of Robert P. Smith of Rusk County, Texas Personally appeared before M.C.Davis, Special Examiner, Robert P. Smith, who being duly sworn, deposes and says: " My name is R.P. Smith. I am 35 years old, am a liveryman, P.O. address is Henderson, Tex. I have known the old colored woman America Gay for the last twelve years anyway. I have always known her as a poor old woman... If she ever owned any property, I never knew it. I understand your questions and my answers are correctly recorded. R.P. Smith February 24, 1891 Deposition of Thomas J. Lacy of Henderson, Rusk County, Texas Personally appeared before M.C. Davis, Special Examiner, Thomas J. Lacy, who being duly sworn, deposes and says: My name is Thomas J. Lacy, I am 53 years old and by occupation a Merchant. P.O. address is in Henderson, Texas. I knew Hilliard M. Gay from about 1861 until the date of his death, and I have known his old black woman, America, about the same length of time. Before Hilliard M. Gay died some years before, he became indebted to me and I bought his farm. At the time he died he was living on the farm as my tenant. After Gay's death, America set up a claim to homestead rights on the farm, claiming that she was Gay's wife and had not joined him in the deed to me. The case was carried to the State Supreme Court and was decided in my favor, the court holding that America was not Hilliard M. Gay's wife and could not be under the laws of the state as he was white and she was a black person. When Gay died he left no real estate and very little personal property. America has owned no property since Gay's death and owns none now. She is just a poor old colored woman without money or credit. The Government has lost whatever money it has paid her. I understand your questions and my answers are correctly recorded. T. J. Lacy February 26, 1891 Letter from Special Examiner M.C. Davis to Green B. Raum, Commissioner of Pensions, Washington, D.C. Sir: I have the honor to return Claim No. 1402 of America Gay, a late pensioner as widow of Hilliard M. Gay of Capt. Loyal's GA. Mtd. Vols. America Gay 's P.O. address is Henderson, Rusk County, Tex. It having been decided that said America Gay is not the legal widow of the soldier, her name was dropped from the rolls and the papers were sent to me with a view of refundment, which is fully explained inOffice letters which are made exhibits of this report. I found America Gay and her daughter Caroline living in a little tumble down cabin about three miles south of Henderson, their surroundings pointing to a state of great poverty. The sum paid her will necessarily have to be charged to Profit and Loss. When the $15. paid atty. is refunded, I recommend no further action. Very respectfully, M.C. Davis, Special Examiner. December 2, 1898 Corsicana, Navarro County, Texas Power of Attorney Know all men by these presents, that I, America Gay of Corsicana in the County of Navarro, State of Texas have made, constituted and appointed Milo D. Stewawrt of Washington City my true and lawful attorney to procecute my claim against any Department or Court or Congress of the United States, in my claim for Reinstatment and arreages of Pension as a widow of Hilliard M. Gay who was a private in Capt. Loyal's Georgia Mounted Vols. in the War with Mexico, pension certificate No. 1402. My post office address is Corsicana, Texas. America Gay, X, her mark. Witnesses: W.E. Newman, A.E. McClellan Note: Bounty Land application of Hilliard M. Gay was filed in 1848 in Newton County, Georgia, included in the pension file: Bounty Land Warrant # 19202-160-47 Hilliard M. Gay, Private in Captain John Loyalls Company, Regiment Georgia Mounted Volunteers. Bounty land approved for 160 acres in July 1848 June 20, 1848 State of Georgia, County of Newton On this the twentieth day of June Eighteen Hundred and Forty Eight, personally appeared before a Justice of the Peace for the county and state aforesaid, Hilliard M. Gay, who being duly sworn according to law, declares that he is the identical Hilliard M. Gay who was a private in the company commanded by Captain John Loyall commanding the Georgia Volunteer Dragoons, not attached to any regiment, in the United States service. That he volunteered on the twenty-seventh day of May Eighteen hundred and forth seven at Columbus, Georgia, for and during the War with Mexico. And he was discharged on the thirty first day of December 1847 at the National Bridge Mexico by Col. Allen G. Johnson, Maj. 13th Inf. Com'd Post. Sworn to and subscribed before me this day and year above written. Hilliard M. Gay W.Conner, J.P. State of Georgia, Newton County I, William D. Luckie, Clerk of the Inferior Court for the County and State above mentioned, do certify that Wilson Conner whose name appears to the foregoing affadavit as a subscribing witness is an acting Justice of the Peace in and for the County and State aforesaid, and that full faith and credit ought to be had and given to his attestation as such. Given under my hand and seal of office this 20th day of June 1848. Wm. D. Luckie, C.I.C. Soldiers Discharge Dec 31, 1847 Know Ye, that Hilliard M. Gay, Private of Captain John Loyall's Company of Georgia Regiment of Mounted Volunteers, who was enlisted the twenty seventh day of May One Thousand Eight Hundred and Forty Seven, to serve during the War with Mexico, , is hereby honorably discharged from the Army of the United States. Said Hilliard M. Gay was born in Jasper County in the State of Georgia, is twenty ? years of age, 5 feet 10 inches high, fair complexion, blue eyes, light hair, and by occupation when enlisted, a farmer. Given at ? Bridge, this 31st day of December, 1847. Allen G. Johnson, Maj. 13th Infantry