Revolutionary War Pension and Bounty Land Warrant Application File S. 2499, Samuel Davis, Va.
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SERVICE NUMBER
Va. Davis, Samuel S. 2499.
Carded.
CONTENTS
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Letter to
W. R. Query 7th July 1853

12.5-
North Carolina
Samuel x Davis
of Burke in the State of No. Car.
who was a pri. in the Company commanded
by Captain Davis 
in the Virginia
line for 10 months

Inscribed on the Roll of North Car.
at the rate of 33 Dollars 33 Cents per annum,
to commence on the 4th day of March, 1831.

Certificate of Pension issued the 10 day of May '33 and sent Hon S. P. Carso
Pleasant Gardens Burke Co. No. Car.

Arrears to the 4th of March '33 - 66.66
Semi-anl. allowance ending 4 Sept " - 16.66
$83.32 1/2
{Revolutionary Claim,
Act June 7, 1832.}
Recorded by William Miller Clerk,
Book E. Vol. 6. Page 38
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State of North Carolina} On this 23rd. day
Burke County} of October 1832
personally appeared in open court before
the Justices of the Court of Pleas & quarter
Sessions now sitting Samuel Davis
Snr. a resident of said County, & state aged
on the 12th day of October instant. 79. Years
There was a record of my age made by my
Father in his Bible which stated that I
was born on the 12th day of October 1753
he states he has a paper now in possess which shows his age - who being first duly sworn according to law doth on his Oath make the following Declaration in order to obtain the benefit of the Act of Congress passed on the 7th day of June 1832 - That he entered the
service of the United States under the
following named officers and served as
herein stated - The Militia of Albemarle
County Virginia, were divided into
classes from No. 1 to No. 10 ~ I belonged to
the ninth division, and served my first
Tour of duty which was three months
under Capt'n Isaac Davis I do not recollect
the year nor the date. We marched
from Albemarle County to Williamsburg
& were stationed there during that Tour
nearly all our time. We marched from that
place up to Richmond & was discharged
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I got no writen discharge at that time
but afterwards when all my services was
ended I got a writen discharge on paper
from Captn Isaac Davis who was my
Militia Captn in Albemarle during the
War & who went out with me in the
first Tour, which paper I now have
dated January 6th 1782 and which
is hereunto affixed & sent ~
My next Tour of service which
was for three Months was under
Captn Hunter (don't recollect
his given name) We marched
to what was called "The half way hous"
This was between Williamsburg & Little
York we there joined Genl Lafayett
the date I can not recollect we were
not moved any great duration from
that place till my time was out &
I was discharged - There was no fighting
during this Tour. My next Tour was after
Corn Wallace passed through Charlottesville
and the Militia were called out to go after
him. I was then under Captn Robt.
Sharp Corn Wallace tooke the three notched
road we followed him on towards
Richmond and down towards what is
called Pages Ware house we came up
with Corn Wallis some where near that
place and we prepared for action, but
we retreated before any battle took place
& marched on & around Rapadun River at
Racoon Ford. Then we counter marched
and
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and followed after the British again
My time expired on the route & I was
dismissed & permited to go home
Shortly after this I was called out
again under Captn. Isaac Davis my old Captain - and marched to Little York
where we joined Genl. Washington. we
got there in September and in about
20 days after, Cornwallis surrendered.
a short time after this I was discharged
& some few months after I got home
Captn Isaac Davis give me the paper
which I send with this declaration. In this
last tour I was not gone much, if any
more than a month - This ended my
service some years after the War I
moved from Virginia to North Carolina
& have been living in Burke County
upwards of thirty years -
He hereby relinquishes every claim
whatever to a pension or annuity
except the present and declares that
his name is not on the pension Roll
of the agency of any state or of any state
Sworn to & Subscribed day &
year aforesaid Samuel Davis Senr
Test J Erwin clerk
We James Reed Esqr. Chmn. of the present Court & Marke Brittan Esq do certify that they are residents of the said County with Samuel Davis Senr. who signed & swore to the above declaration & have been for upwards of twenty years, and that they have been acquainted with him for
that
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that length of time And do further certify
he has during that time maintained the
Character of an honest man & good
Citizen and entitled to full credit on
Oath. Sworn to & Subscribed this 23rd. day
of October 1832 Jas Reed
Teste J Erwin Clerk M Brittain

State of North Carolina
Burke County
I James Reed presiding Justice of
the Court of pleas and Quarter Sessions for the County aforesaid do hereby declare my 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 I further certify that it appears to me that Mark Brittain Esqr. who has signed the proceeding certificate with myself is a resident in the County of Burke and that his is a credible person and that his statement is entitled to credit
Given under my hand and seal this 24th day 
of October 1832
Jas. Reed Prs Justice {Seal}
State of North Carolina
Burke County
I James Erwin Clerk of the Court
of pleas and quarter Sessions for the County and State aforesaid do hereby certify that the foregoing contains the original proceedings of the matter of the application of Samuel Davis for a pension
In testimony whereof, I have hereunto set
my hand and seal of office at
Morganton this 24th day of Octob
AD 1832
Teste
J Erwin Clerk
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State of North Carolina} Additional testimony
Burke County -
furnished in the case of Samuel Davis to the War Department for the purpose of procuring his pension for Services in the War of the Revolution as follows to Wit
I Samuel Davis of the State and County aforesd. solemnly swear to the following facts on the Holy Evangelist of Almighty God.
I was called out into service of my Country in the month of August 1778 and discharged in November 1778.
I was again Called out in April 1780 and discharged in June 1780.
I was again called out in September 1781 and discharged on the 18th October 1781 at York Town Virginia
The whole amount of my service was Ten Months for which I claim pay.
Personally appeared Saml. Davis before us James Avery and David Glass two of the Justices of the Peace for sd. County who after being sworn as aforesd. on the Holy Evangelist of Almighty God deposeth and Sayeth that the facts as stated above are true to the best of his knowledge & belief ~
Sworn to and Subscribed before us. Samuel Davis Senr.
26 day March 1833
James Avery J.P. (This as to 4th & 5th objections Pren T Carson)
D. Glass JP
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Samuel Davis further swears that there
is no person to his knowledge living in
North Carolina who can prove his services
& believes that there is no person now
living by whome he could prove his
services unless they should be living
in Albemarle County Virginia, some of
the people who were his neighbours during
the Revolution he knows not whether
there is or is not. not having heard from
them in many years and not having
been there in 38 years and is now
too Old & infirm to travel there to
search for Testimony in his case -
Sworn to & subscribed in presents
of} March 24th 1833. Samuel Davis Sn
Fred Stevilie W.Z. (This as to objection 13th.
Jas Reed J.P. S T Carson)

I Saml T Carson do certify that
James Avery & David Glass who swore
Samuel Davis to his specific term of service
are both Acting Justices of the peace
for this (Burke) County. - and also
certify that Frederick Stevilie & James Reed
who qualified him to the above are also
acting Justices of the Peace for said County & that James Reed was chairman of the Court when
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when the Original Declaration was read
& proceeding had in the case of Samuel
Davis - I do further Certify that there 
was no Clergyman who knew
sd. Davis at the Court when the original
proceedings was transacted in Court he
therefore procured the certificate of James
Reed Esqr. Chn. of the Court & Marke Britan Esq both highly respectable citizens of Burke
County. To which certificate sI must
willingly add my own to the
standing of Mr. Davis which is that of
honest upright Citizen in whose Oath
there is every confidence to be placed
The reason why I given my one Certificate
is because of a conversation
in which I stated to Mr. Edwards
the inconvenience of getting the
seal of the clerk &c - and was
told that my Certificate would answer
March 26th 1833
Saml T Carson
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Claim of
Saml. Davis
to arrearages of
Pension
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State of Georgia
Union County} Be it known That before me
Mason McLeod a Justice of the Peace in and for the County aforesaid, duly authorized by law, to administer oaths, personally appeared, Samuel Davis, and made Oath in due form of law, That he is the Son of Samuel Davis. The Identical person who was a Pensioner, and is now dead, and to whom a Certificate of Pension was issued, which is herewith Surrendered.
That the deceased Pensioner, resided in the County of Burke in the State of North Carolina and that he removed from thence to Macon County of said State and resided there for the space the space of three Years.
and That subsequently he resided in the State of Georgia and in the County of Cass, for the Space of about Seven Months, before his death, on the 31st day of October 1838.
Sworn and Subscribed this
21st day of February 1853} Samuel Davis
Mason McLeod JP

State of Georgia
County of Union} Know all men by these presents that I, Samuel Davis of the County of Gilmer and State of Georgia, Son of Samuel Davis who was a Pensioner of the United States, do hereby constitute and appoint, William R. Query my true and lawful Attorney for me and in my name to receive from the Agent of the United States for paying pensions in Fayetteville in the State of North Carolina, the balance of said Pension from the fourth day of September, AD 1837, to the 31st day of October AD 1838, Being the day of his death, Witness my hand and Seal. this 21st day of February AD 1853,
Sealed and delivered in pre=} Samuel Davis ---ence of us. {Seal}
James Bryson
Mason McLeod J.P.
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State of Georgia
Union County
⎬ Be it known that on this
21st day of February A.D. 1853. Personally appeared
before Mr. Mason McLeod a Justice of the Peace within
and for the County and State aforesaid, Samuel
Davis and acknowledged the within Power of
Attorney to be his act and Deed.
In Testimony Whereof I have
hereunto set my hand and
Official signature this day and
year above mentioned,
Mason McLeod JP

State of Georgia
Union County
Before me Mason McLeod
an acting Justice of the Peace in and for said
County Personally appeared Samuel Davis who
being sworn in due form of law. States that there is 
four surviving Heirs of Samuel Davis deceased
Mathew Davis, Jane Pyatt, Sarah Bright and
Deponent who is acting as agent for the above named
Heirs.
Samuel Davis
Sworn and Subscribed
before me this 21st day of
February A.D. 1853,
Mason McLeod J P

State of Georgia ⎬ 
County of Union
I hereby Certify That Mason 
McLeod is an acting Justice of
the Peace within and for said County duly commissioned
and qualified. his commission bears date January thirtieth 
1853 and will expire in January A D 1857 and
That his signatures thereto are genuine Given under
my hand and official Seal this
12th day of March A.D. 1853
Thos M. Hughes CLC
(SEAL)
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State of Georgia
County of Union 
I Thomas M Hughes Clerk
of the Superior Court of Union County holden at
Blaintill
nine in said State, do hereby Certify that satisfactory
evidence has been exhibited to me. That Samuel
Davis was a Pensioner of the United States, at the
State of Thirty three Dollars and thirty three Cents
Per annum, was a resident of the County of Burk in
The State of North Carolina, and died in the County of
Cass. in the State of Georgia in the year 1838 on the 31st
day of October, the he left no widow but left the
following Children, Mathew Davis Jane Pyatt, Sarah
Bright and Samuel Davis whose name is signed to
(missing) Affidavit and power of Attorney
(SEAL)
In Testimony whereof I have hereunto
set my hand and affixed my seal of
office at Blairsville this 12th day of March
A.D. One Thousand Eight Hundred and
Fifty Three.
Thos M. Hughes CLC
Page 14

Rev War
2499
INVALID

File No. 2499
Samuel Davis
Pri. Rev. War

Act: June 7. 1832
Index: - Vol. A, Page 88.

(Arrangement of 1870.}
Page 15

I connected the papers with the blue
Ribbon but have no seal to affix you
know my signature

Yr Friend
Sam T. Carson

J.L. Edwards Esqr
or
(illegible) Crump
Page 16

January the 6th 1783
I do hereby certify that Samuel Davis
of Albemarle County has done his proper
tours of duty in the militia in his battle 
and that he is in the Ninth Division and
was on duty with the last men. that some
duty from the above county.  
Given under
my hand Isaac Davis Jun'r.  Capt of 
the company in which the said Davis
has mustered.  
Given (illegible) he was a man.
SEAL
National Archives of the United States

10
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Payments to be made
at Fayetteville
by the Presd. U.S. Br. Bank
Agent for paying Pension
ers, in the Agency of North Carolina

Recorded in the Pension Office,
in Book E. Vol. 6
Page 38 by Wm Miller
Clerk.
Page 18

WAR DEPARTMENT.
Revolutionary Claim.

I certify that, in conformity with the law of the United States of the 7th June, 1832, Samuel Davis
of the State of North Carolina
who was a private in the war of the revolution
is entitled to receive Thirty Three dollars and
Thirty three cents per annum, during his natural life, commencing
on the 4th of March, 1831, and payable semi-annually on the 
4th of March, and 4th of September, in every year.

Given at the War Office of the United States, this
10th day of May 
one thousand eight hundred and thirty three
Leo Capp
Secretary of Est

(SEAL)
Examined and
Countersigned

J L Edwards
Commissioner of Pensions.
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TREASURY DEPARTMENT.
SECOND COMPTROLLER'S OFFICE.
Nov. 11, 1853

Sir
Under the act of the 6th of April, 1838, entitled, ""An
Act directing the transfer of money remaining unclaimed by certain
Pensioners, and authorizing the payment of the same at the Treasury
of the United States, and the third section of the Act of August
23, 1842, extending the time within which pensioners may receive their
pensions from the Pension agents

Samuel Davis, one of the four
children of Samuel Davis, dec

a Pensioner on the Roll of the Fayetteville
Agency, at the rate of Thirty three Dollars
and 33 Cents per year, under the law of the
7" June 1832 has been paid at this Department, 1/4 of the arrears due from the
4th of March 1838 to the 31" Oct, 1838
Respectfully, yours,

12576 Act '32

J. M. Brodhead
Comptroller
To the COMMISSIONER OF PENSIONS,
Present.
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TREASURY DEPARTMENT
SECOND COMPTROLLER'S OFFICE,
Jany 7, 1854

Sir:
Under the act of the 6th of April, 1838, entitled, "An
Act directing the transfer of money remaining unclaimed by certain
Pensioners, and authorizing the payment of the same at the Treasury
of the United States, and the third section of the Act of August
23, 1842, extending the time within which pensioners may receive their
pensions from the Pension agents
3 of the 4 children of
Samuel Davis dec.
a Pensioner on the Roll of the No. Ca.
Agency, at the rate thirty three dollars 
and 33 cents per annum under the law of the
7" June 1832 have been paid at this Department, from the
4th of March 1838 to the 31" Oct, 1838
Respectfully, yours,
J.M. Brodhead
Comptroller

12576
To the COMMISSIONER OF PENSIONS,
Present.
Page 21

March 30. 1853
2
Appl. of Samuel
Davis deceased for
Arrears &c

W.R. Query
Stockshill
Georgia

Stockhill Ga 
March 16

Paid 18c

James E. Heath Esq
Comissioner of Pensions
Washington City
D.C.
Page 22

Stock Hill Ga
May 16th 1853

James E. Heath Esq
Dear Sir. I now send enclosed
the various  claims of Seven different
persons, which I wish you to examine. One of which
is the claim of Samuel Davis, Agent for the other
Heirs as you will see proper his Declaration, I think
it best to send to you as the Pensioner
draw his Pension in the State of North Carolina
died in the State of Georgia where the heirs
live, Please examine his claim and inform me of
your decision. And also. The claim of Rachel
Ashurst, accompanied by a Certificate. Though
The Clerk neglected to attach the Certificates as
I directed him to do.  If there is anything wrong
in any of the enclosed claims Please inform me
of the same as early as convenient.

I am still anxious to her from you related
The Claims for different persons that I have (missing)
in the Pension Office heretofore.
I am Sir with due
Regard. Yours & C.
W. R. Query

James E Heath Esq
Washington City
D.C.

Robert Rolston and Moses Justice
taken out Mar 29/53
Page 23

Samuel Davis

Admit as approval
for 10 months
$33.33
Page 24

BRIEF objections to the admission of Pension Claims, of which those
answered in the negative, in red ink, will apply to the claim of
Samuel Davis which require further
proof or explanation.

I. Does the declaration show where the applicant resides? Yes

II. Did the declarant make the declaration in the county where he resides? Yes

III. If the applicant did not make the declaration in the county where he resides, is there any reason
assigned for his not doing so?

IV. Has the declarant mentioned the period or periods of the war when he served? No to

V. Has he mentioned 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 amout of pension
he is entitled? No No

VI. Has he given the names of the officers under whom he served, in conformity with the regulations? Yes

VII. Has he made a relinquishment of every claim to any other pension than the one under the Act of
VIII. Has the Court given their opinion? Yes

IX. Has the Clerk given his certificate? Yes

X. Is the Clerk's seal affixed? And if so, has it a device or inscription by which it can be distinguished
from any other seal? Yes
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2
XI. Has the applicant obtained the evidence of a clergyman and another respectable citizen as to
their belief respecting his age and the general belief in his neighborhood relative to his revolutionary service?  No

XII. If the clergyman's affidavit has not been produced, is there any reason assigned for not obtaining it? none

XIII. If the applicant has no documentary evidence, and has not obtained the testimony of at least one
living witness, has he stated in his declaration that such proof cannot be had? No

XIV. If the applicant has produced a witness or witnesses as to his service, has the magistrate who
administered the oath certified that he, she, or they are persons of credibility?
Has the official character and signature of the magistrate been certified by the proper officer under
his seal of office?

XV. Does it appear from any of the papers that the witness was in such a situation, or of such an age,
as to have a personal knowledge of the applicant's service?

XVI. Are the papers authenticated as the regulations direct? Yes

XVII. Are the seven interrogatories prescribed by the War Department answered satisfactorily? And,
if not, which of them is not so answered?

EXPLANATORY NOTES.
QUERE V. 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 _____. For _____ months
and  _____days, I served as a_____ and for such service I claim a pension."
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3
It is important in all cases to determine with precision the period for which the 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 is too
indefinite, and all such qualifying expressions are objectionable.

+QUERE XIV. Proof of Service.
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 claimants entering the service, and the time and manner of his leaving the same, as well as
the regiment, company, and line to which be 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.

QUERE XVI. Mode of authenticating papers.
In every instance where the certificate of the certifying officer who authenticated the papers is not
written on the same sheet of paper which contains the affidavit, or other paper authenticated, the
certificate must be attached thereto by a piece of tape or narrow ribbon, the end of which must
pass under the seal of office of the certifying officer, so as to prevent any paper from being in
properly attached to the certificate.