James Hays was a resident of Martin County. In 1777 he became a member of the Gourd Patch Conspiracy and spoke openly among other members about how he would resist the county militia draft if called up. He likely had some form of leadership role within the plot, as demonstrated by the fact that he charged with high treason, the greater of the two charges levied against Gourd Patch Conspirators. He later appeared on a list of prisoners being held at the Edenton District Court of Oyer & Terminer for trial, but both witnesses that were prepared to testify against him failed to appear.