Hays was born at "Hays Mount," in Greene County, Alabama near Boligee where he completed preparatory studies under private teachers. He attended the University of Georgia at Athens and the University of Virginia at Charlottesville. He was a cotton planter and also engaged in other agricultural pursuits before becoming a delegate to the Democratic National Convention at Baltimore in 1860. Hays was elected as a Republican to the Forty-first and to the three succeeding Congresses (March 4, 1869 – March 3, 1877) and served as chairman of the Committee on Agriculture (Forty-third Congress).
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