Revolutionary War Pension and Bounty Land Warrant Application File W. 19151, William Davis, R I
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Service R.I.
Davis, William
Lucy
Number W 19151
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1366
New York, Albany
Lucy Davis widow of William 3d R. I. who served in the Revolutionary war, as a private
Incd from $80
Inscribed on the Roll at the rate of 
96 Dollars 00 Cents per annum, to commence on the ["4th day of March" crossed out] 1 of July, 1848.
Certificate of Pension issued the 28th day of Jany 1837 and sent to Hon H. Bennett House of Reps
Recorded on Roll of Pensioners under
February 2, 1848, Page 60 Vol.
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See letters 6 May 1829 to W. Crafts -                       
30 June 1829 to W. Davis
Oct. 23. 1829 to W. Crafts.
July 11. 1834 Hon L. Cass
Some of these paper copies for Hon. G. W. Lay Feb. 12, 1835 - do. to W. Crafts, 4. April 1835
do to C A Harris 25 May '35
Let to W B Davis Sept 12 1836
Paid at the Treasury under the Act of the 6th April 1838. from 4 March 1838 to 15 May 1838 the day oof his death.-  Agt notified 1. Oct 1839.
9270
New York
William Davis, 3d. of Oneida Co. in the State of New York who was a private in the company commanded by Captain Macomber of the regt commanded by Colonel Olney in the R. Island line, for the term of nine months from March 1782 to Dec. 1782.
Inscribed on the Roll lof New York at the rate of Eight Dollars per month, to commence 9th day of June 1818
Certificate of Pension issued the 14 of April 1819 and sent to M. S. Miller, Taberg, N. Y. 
Continued on the Roll on 5th day of November 1829 and notification sent to W. Crafts at Bridgewater N. Y.  Pension commencing on the  3 of October 1829.
Amount due on the 4th of}
March 1829}  $33.54
{Revolutionary Claim,}
{Acts March 18, 1818,}
{May 1, 1820.}
Bk. C.  Vol. 5  p. 82
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Leonards Ville N. Y
Augt 17th 
Free
Hon. Peter B. Porter
Secretary at War
Washington City
Pension office 
23 Augt
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Brookfield Augt 19th 1828
To the Hon. Peter B. Poer, Sir, I write to you to let you no the Servises Don by my farther my oldist Brother and my Self in the Revelutionary War.  I enlisted ^in august, 1776 for durin the War, my father herd of it, and went (my Being under age) and had my name Striken from the listing orders, he after wards went in the armey and Died a Soldier in the war, my older Brother Sarved through the war, he has ben ded about 25 years, I Sarved myself three years & one month as you may see by my papers in your office,.  I rote to the President and likewise to Mr. Calhoun ^12th day of July 1826 Stating the Servises I had Don.- and Sent the Line that Striken me from the Pention List, and in that a bright old Contineltal $20 Bill, and Requsted them to Rite to me.  But have no anser, April 10 1827 I rote to Mr West Stating the Servises I had Don and Requested him to Rite to me, but have had no return.  I wish you See the President Mr Calhoun and Mr West If you please, and See what is become of my $20 Bill.  I am almost Seventy years old, and am past labour, and kneed assistance, I have old wife living that cant Do much, I Served in the army as a good Soldier, and was Discharge at Saratoga the 20th Day December 1782 with a muber others, who enlisted at the same time that i Did, and was Discharged the Same Day that I was, had 250 miles to travel through the Snow.  them that are alive Draw their pention, and to make a barstard of me amont the Sons Who fought for liberty and indepencence it it hard, please to see, I have justice Don me, this from an old worn out Soldier  please to rite to me at Brookield Leonards Ville Madison Co N. Y.
Wm Davis 3d
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Columbus, Georgia, Septr. 19th 1842
Sir
I am desirous to obtain from the archeives of the pension office an official certified statement of the facts in relation to the enlistment and services of my late father as a soldier of the revolution in the continental army; and, also, in relation to the stoppage and retention of his pension in the coffers of the Government (under the pension act of June 1818) from sometime in 1819 to 1829; 10 years.
I will state the object and use for which I desire such a document, with the hope it may facilitate my request that, all the extracts and matter I desire may be condensed, if convenient, on one sheet of paper, so as to be attached to a petition, which I feel in duty bound (as an only son) to prepare and send up to the next session of Congress in behalf of my old revolutionary mother, in relation to the above 10 years of stopped and retained pension.
I have always understood that no original paper, book, or document can be taken from the archeives of any Department, by committee or otherwise, and carried up to either House of Congress as testimony in any case whatever; but that certified copies from the Department, in which the original facts may be deposited, are always granted to parties when called for, where the object is to lay before Congress a full exemplification of the origin and all the facts connected with a case, presented for a final adjustment of the premises, by that body. This back pension, which was a subject of claim by my late father, and now by my mother, was stopped in 1819 under Mr. Calhoun's administration of the War Department, after issuing to him an official Goverment certificate, under the pension Act of June 1818, and paying him his pension over 12 months. He was restored to the pension roll in 1829 upon his appeal to Genl. Jackson as President, "to see the laws faithfully executed"; who decided, on examining the facts, that, the striking of his name from the pension roll in 1819, after being admited and paid over 12 months; and after an official certificate had been issued to him, bearing the big seal of the War Department; and, also, the facts of the enlistment and the services performed, in conformity with a law of the Continental Congress, to enlist troops for the war; together with the master roll of Col. Olney's regiment, and my father's discharge under the hand & signature of Col. Olney.
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with the balance of the northern army at Saratoga, on the 20th of Decr. 1783, was contrary to "the rules and articles of war", and, therefore, ordered his name restored to the pension roll; which original discharge is now, also, on file in the archeives of the pension office, and will embrace an important point in the certified document, hereby most respectfully applied for, under your direction.
I will state the points of fact, as they may be found of record in the pension office, which I desire to annex to my petition, as reference and official evidence, for the information of Congress, in relation to the case.
If the facts should prove to be such, as to make out a clear case of justice and equity, that my later father and honestly and legally entitled in his life time, under the pension act of June 1818, to have had those 10 years of back pension restored with his name to the pension roll in 1829, then it would seem to me equally just and equitable that, it should be now paid to his widow, who is best entitled to it as a lawful legacy to her, who had to bear the greater hardships and deprivations to support her husband (and an old revolutionary soldier) in his crippled old age, during the aforesaid 10 years stoppage of his lawful pension. If I can make out the case clear, just, and equitable from the facts, to the satisfaction of Congress, I should desire that the goverment may order the said back pension now paid to my mother; but, on the other hand, if it should not appear ;just and equitable, I do not desire her to have it. The points I wish to obtain from the pension office, I would wish to be in the following form:
1st - The name of my father - Wm Davis, and the date of his enlistment, in the state of Rhode Island, into the continental service as a soldeir, about April the 1st 1783, for the term of 9 months, or untill the end of the war, under an Act of the continental Congress
The name of the Captain of the company to which he belonged was Macomber, as near as I can now remember having heard him mention the name of his captain, or some name near that sound.
The roll of enlistment of that company in Rhode Island, I presume is now on file in the pension office, and will show this first fact of enlistment in the continental line. [He had been previously 2 years & 4 months in the Rhode Island line of malitia, for which he never expected any pay.]
2d - A statement extract of his name from the muster roll of Col. Olney's regiment, which was disbanded, with the balance of the northern army at Saratoga Decr. 20th 1783, after the news of peace; to show that the said Wm Davis of Captain Macomber's company, was there in that army; and that his name, on the muster roll of that regiment was entered
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as Wm Davis,3d - I presume to distinguish him from two other Wm Davises in Col. Olney's regiment, or on the pension roll and books.
3d - A full copy of his discharge, signd. by Col. Olney, at Saratoga, Decr 20th 1783; the original now on file in the pension office.
4th - A statement from the pension books or leger, showing the date of the enrollment of Wm Davis, 3d, under the pension act of June 1818, and the date up to which he was paid his pension, when it was stopped in 1819; and the date when his name was restored in 1829, and the regular payment of his pension resume, at the Albany Agency, till his death, May 15th 1838.
5th - A copy of the original certificate for a pension, issued by authority of the goverment, under the act of June 1818, and signed by the Hon. John C. Calhoun, (in the latter part of the year 1818) as the then Secy of War. That original certificate, I think, is now in the pension office on file; if not, it is in the possession of my mother at Leonardsville, Madison county, New York; but I presume the Department retained a recorded duplicate, a copy of which will answer as well, or I could write home for the original.
6th - After the above 5 points are extracted and copied, I should be extra thankful if you will be so kind as to add your official certificate at bottom, certifying whether it is not demanded and lawful, by the "rules & articles of war", that, a regiment of officers and soldiers, in the public service of the United States, when marched into a remote quarter of the country, from where they were enlisted and embodied into the service, are not entitled to be rationed and marched back to the state where they were enlisted and so embodied, before their disbandment, in order to close the term of service and pay!? or to be allowed a reasonable time, in case of disbandment in a remote region of the country, to march home in squads without officers, rations, or pay?
You will perceive that the discharge of my father reads, "having served eight months and 20 days" and the War Department, when under the control of Mr Calhoun, in 1819, on a rigid overhauling and technical decision of my fathers papers, decided that, by the reading of his discharge at Saratoga, on the 20th of Decr. 1783, he lacked ten days of coming within the 9 months of the pension Act of June 1818; allowing nothing for the "rules and articles of war", to march home to Rhode Island, 14 days, without money, clothes or rations, in the midst of a most inclement winter; including which, 14 days, he performed more than 9 months service, under that enlistment; but not withstanding, on account of those 10 days lacking, by the reading of his discharge, his name was stricken from the pension roll, and his pension from 1819 to 1829 retained in the coffers of the Goverment, at a time of old age when he was most in need of it. This is the pith and difficulty of the case, which to this day, has never been correctly explained to, and corrected by Congress.
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your certificate on this point (in regard to the rules and articles of war) will be important to accompany the other foregoing 5 points of evidence., to be laid before the next session of Congress, on the aforesaid claim of back pension, in behalf of my mother.
I had thought it might be most proper to solicit a  certificate, in regard to the above point, on the "rules and articles of war," from Maj. Genl. Scott; but on reflection, it seems to my untutored knowledge of military tactics, equally and perhaps more proper, that it should be signed by the head of the War Department.
I presume Genl. Scott is in Washington city, and would not hesitate to grant such a certificate, for the purpose I wish to apply it, should you deem it most proper, by your request, as belonging to his department. This case of my father's back pension, from 1819 to 1829, is an issolated case and was never properly attended to and explained to Congress, by his attorney, Wm. Crafts Esqr. then of Brookfield (but now of Utica) New York, where my father resided the latter part of his life.
I came out from New York to Richmond Va. in 1809, and have now lived 33 years in these Southern States, and during the time of my Fathers pension being stopped I knew nothing of it; I was absent at the time from 1816 to 1831 = 15 years, and then stopped with him but a few days in Brookfield, on a visit.  I found Mr. Crafts as my Father's Atty. had been battleing [battling] & corresponding with the Commissioner of pensions in his behalf; and my Father has since, before his death, made 2 or 3 applications by petition to Congress; but since I have looked into the claim with due attention, by request of my Mother, when in Brookfield to visit her last fall, I am now fully satisfied that the case has never been properly understood and explained, by Mr Crafts, or my Father, to Congress; in fact the latter was old & in his doteage [dotage].  
The way to make out the case, I conceive, for a clear understanding by Congress, is to go at once to the fountain head of the War Department and pension office, for certified extracts and copies, on the 6 points of testimony, I have herein before designated, or so many of those points as can be furnished by the Department.
I, therefore, embrace this early application, during the recess of Congress, under a belief that, the press of public business is not liable at this time to be so great in your Department, as during the session.
I am, Sir, most respectfully
your Obt. Servt.
W. B. Davis 3
Hon. J. C. Spencer}
Secretary of War}
City Washington}
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William Davis'
Affidavit
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Madison county} ss
Be it rembered [remembered] that on the 11th day of April 1828- Personall[y] came before John Davis a Justice of the peace in for said County- William Davis 3d who being duly sworn deposeth and says that in November in the Year of our Lord one thousand seven hundred & seventy six he enlisted as a private soldier in Capt Whipples Company & served three month under him and was then turned into Capt Hawkins' Company and served under him until Capt Peleg Hoxsie took command of the company in Colonel Bartons Regiment and that he continued to serve under said Capt Hoxsie until the Sixteenth day of March seventeen hundred and seventy eight- & that in 1778 he again served as an enlisted soldier in Capt Joshua Babcocks Co in Col Toppins' Regiment where he continued to serve ten months in which time he fought in a severe battle in General Sulivans' Expedition at quaker hill- & that on or about the 26th of March 1782 he again enlisted & on the first day of April passed muster & served nine months including ten days that General Washington allowed him to go home a distance of about two hundred and fifty miles- & that he received a regular & honorable discharge at Saratoga the 20th day of December 1782 together with a certificate of nine months service- and further this deponent this deponent [sic] saith not-
Wm Davis 3d
Sworn and Subscribed to before me}
this 11th day of April 1828}
John Davis
Justice of the Peace
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Admitted
Private 2 years
Pension to commence
16th of May 1838
Joseph Clark Esq
Brookfield
N. Y.
116
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Hopkinton the 26th Day of February AD 1784
These may Certify all persons that this Day apeared [appeared] William Davis and Lucy Babcock of this Town of Hopkinton and were Joined together in the Honourable Estate of Marriage by me
Joshua Clark Eldr.
I CERTIFY that, in conformity with the Law of the United States, of the 18th March, 1818, William Davis 3d late a private in the Army of the Revolution, is inscribed on the Pension List, Roll of the New York Agency, at the rate of eight dollars per month, to commence on the ninth day of June one thousand eight hundred and eighteen
GIVEN at the War Office of the United States this fourteenth day of April one thousand eight hundred and nineteen.
J C Calhoun
Secretary of War.
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War Department.
REVOLUTIONARY CLAIM.
I CERTIFY that, in conformity with the Law of the United States, of the 18th of March 1818, William Davis 3d late a private in the Army of the Revolution, is inscribed on the Pension List, Roll of the New York Agency, at the rate of eight dollars per month, to commence on the ninth day of June one thousand eight hundred and eighteen
GIVEN at the War Office of the United States, this fourteenth day of April one thousand eight hundred and nineteen.
J C Calhoun
Secretary of War.
16 years in 1837
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Wm. Davis Brookfield
Payable semi-annually.  The first payment on this Certificate will be made on the 4th of September next, in New York at the Branch Bank of the United States.
Recorded
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State of New York}
Madison County} ss
On this twenty first day of August eighteen hundred and thirty eight personally appeared before the subscriber a Judge of Madison County Courts Lucy Davis a resident of Brookfield in the County of Madison aged Seventy three years who being first duly sworn according to law doth on her oath make the following declaration in order to obtain the benefit of the provision made by the act of Congress passed July 7th 1838 entitled an act granting half pay and pensions to certain widows that she is the widow of William Davis 3d who was a private in the Revolutionary army and for which service her husband had received a pension under the anexed [annexed] Certificate up to the fourth day of March last of which reference can be had to the files in the War department.
She further declares that she was married to the said William Davis 3d on the twenty sixth day of February one thousand seven hundred and eighty four by Joshua Clark then Elder of the Seventh day Baptist Church in Hopkinton State of Rhode Island and that on the day of her marriage she received the anexed [annexed] certificate from said Clark which has allways [always] remained in her posesion [possession] that her husband the aforesaid William Davis 3d died on the fifteenth day of May last that she was not married to him prior to his leaving the service but the marriage took place previous to the first of January seventeen hundred and ninety four at the time I have stated and that she still remains the widow of said ^William Davis 3d
Lucy Davis
Sworn and Subscribed on the day and year above written before me Joseph Clark Judge of Madison County Courts
I further Certify that the above named Lucy Davis cannot from bodily infirmity attend Court and that she sustains a good character for truth & veracity and piety
Joseph Clark Judge of Madison County Court
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State of New York
Madison County

On the 21st day of August 1857 before me come Lucy Ann Fitch who being duly sworn deposeth and such that she is the daughter of William Davis and to whom the annexed certificate was given that she has allways [always] lived in the house and family of her father until he said that he died on the fifteenth day of May last at Brookfield in the County aforesaid and that said Lucy has not since intermarried Sworn and subscribed on this day and year above mentioned before me. Lucy Ann Fitch

Joseph Clark Judge of Madison County Courts I further certify that I have been well acquainted with the above named Lucy Ann Fitch for many years that she sustains a good [illegible] for truth and [illegible]

Joseph C Clark Judge of Madison County Court

State of New York
Madison County

before me come on the 22nd day of August 1838 Paul Babcock who being duly sworn deposeth  and says that he is seventy eight years of age that he was born in the town of Westerly in the state of Rhode Island and has [illegible] then case since that he was well acquainted with Wiliam Davis & Lucy his wife above named previous to their marriage & since and knows that they have resided together as man and wife [illegible] since their marriage until said Davis died in May last that this deponent is a member of the same church of which Joshua Clark was formerly [illegible] and knew him well and has no doubt he gave the annexed certificate and that he believes their [there] is no record of [illegible] in said church
Paul Babcock

Sworn and subscribed before me the day and year above mentioned Joseph Clark Judge of Madison County Courts. I further certify that I have been well acquainted with the above named  Paul Babcock and that he sustains a good [illegible] for truth and sincerity. 

Joseph Clark Judge of Madison County Courts
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State of New York Maddon County Clerks Office ss
I Alex and Donaldson Jr. Clerk of the said county do hereby certify that Joseph Clark Esquire whose name is subscribed to the within certificates and before whom the within declaration purports to have been made was on the days of the dates of the said certificates and declaration a Judge of the County Courts in and for said county duly elected and qualified; And that I am well acquainted with the hand writing of the said Joseph Clark and verily believe the signature to said certificates and declaration are genuine. In testimony whereof I have hereunto set my hand and affixed the seal of said county the 24th day of August 1838.
A. Donaldson Jr. Clerk
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Schedule.
Declaration in order to be continued on the Pension List under the act of May 10th.
County of Madison SS.
On this 4th day of July 1829 personally appeared before the subscriber a Judge of the Court of Common Pleas in and for the County of Madison; William Davis 3d resident in the Town of Brookfield in said County of Madison aged seventy years who being first duly sworn according to law doth on his oath make the following declaration in order to obtain the provision made by the acts of Congress of the 18th March 1818 and the 1st of May 1820.  that he the said William Davis 3d enlisted for the term of fifteen months in the month of February 1777 in the State of Rhode Island in the Company Commanded by Captain Peleg Hoxsie in the regiment commanded Colonel Barton in the line of the State of Rhoe [Rhode] Island on the Continental establishment that he continued to serve in the said corps until the month of May 1778 in the State of Rhode Island that he hereby relinquishes every claim whatever to a pension except the present that his name has been placed on the pension list that the number of the pension certificate is 9170 and that he has before exhibited the schedules of his property, but that he was not placed on the pension list because an objection was made on account of the length of his service--
and in pursuance of the act of the 1st of May 1820 I do solemnly swear that I was a resident Citizen of the United States on the 18th day of March 1818 and that I have not since that time by gift sale or in any manner disposed of my property or any part thereof with intent thereby so to diminish it as to bring myself within the provisions of an act of Congress entitled "an act to provide for certain persons engaged in the land and naval service of the United States in the Revolutionary war" passed the 18th day of March 1818" and that I have not nor has any person in trust for me any property or securities contracts or debts due to me nor have I any income other than what is contained in the schedule hereto annexed and by me subscribed in that since the 18th March no material changes have been made in my property.
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except that at that time I had four cows which have since been sold and the proceeds gone to support me and my wife
Wm. Davis 3d
Sworn to and declared on
the 14th day of July 1829
before me Elisha Randall Judge of Madison Common Pleas, I Elisha Randall a Judge of the Court of Common Pleas holden in the County of Madison where the declarant resides do hereby certify that the above named William Davis 3d is from a disease in his feet occasioned by their having been frozen while in the service of the Revolutionary War with which I am credibly informed and believe that he has been afflicted for some considerable time unable to attend Court of which I am a Judge and Do not think from present appearances that he will be able to attend the Court above named at its next session.  I have Therefore in pursuance of the act of Congress of the 1st March 1823 attend at his place of abode and administered the foregoing oath 
Elisha Randall Judge of Madison Com. Pleas
Schedule of Property
I have a life lease of about one acre of Land with a small house upon it.  I have also one old mare eighteen years old and two pigs one table half a dozen chairs one dish kettle one tea kettle one pot one desk some knives and forks and some plates-- I have in my family my wife who is now sixty five years old and my Daughter who takes care of me and my wife who is aged twenty four years
July 13th 1829
Wm. Davis 3d
I, John G. Curtis clerk of the Court of Common Pleas in Madison County do certify that Elisha Randall before whom the above affidavit, William Davis 3d who is now confined to his house was made is Judge as aforesaid I also certify that the said schedule and oath have been admitted to the record of said court and that the same are truly copied there from and I do further certify that it is the opinion of the said Court that the total amount in value of the property exhibited in the aforesaid schedule is forty dollars
In Testimony whereof I have hereunto set my hand and affixed the seal of the said court on this 8th day of October 1829.
John G. Curtis Clk
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Rev
WIDOW, &c.
File No.  19151
Lucy Davis Widow of William Davis
Pri Rev War
Act:  Feb 2d, 48
Index:—Vol. A, Page 171
[Arrangement of 1870.]
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1366
New York Albany
Lucy Davis widow of William Davis 3d
who served in the Revolutionary war, as a private
Inscribed on the Roll at the rate of 80 Dollars
-- Cents per annum, to commence on the 
4th day of March, 1848.
Certificate of Pension issued the 22d day of August 1848 and sent to Hon. J. E. Brady Chambersburg Penn.
Recorded on Roll of Pensioners under act 
February 2, 1848, Page 59 Vol. 4
Reported
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Thier Johnsons
Affidavit
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Madison County ss
Be it remembered that on the tenth day of April 1828 personally came before John Davis one of the Justices of the peace in and for said County- Thier Johnson who being duly sworn deposeth and says that in the year 1777 he was a soldier in Capt Peleg Hoxsies Company in ^Col. Bartons Regiment & was knowing to William Davis 3d serving as a regular enlisted soldier in said Captain Peleg Hoxsies Company as much as nine month or more and further this deponent saith not
Thien Johnson
Sworn and Subscribed to before me this tenth day of April Eighteen hundred and twenty eight-
John Davis Justice of the Peace
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Wm Davis 3rd Albany - Act 18 March 1878
when first inscribed?
when stricken from roll?
when restored?
14 Nov. 1842
GMC
Commenced June 9, 1818
Stricken off Oct. from Sept. 4, 1819
Commenced Oct. 30 1829
John Sapford
Page 26

Mrs Lucy Davis of N Y. Widow has presented papers for a pension, may ask for a decision in her case, and its allowance if the proof is right, & if not, that she may know in what it is defective- May I ask the reply as to each case to be made to me.
Yours truly & Respectfully
H. Bennett
House of Reps.
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New York Albany
William Davis 3d a pensioner under the act of 1818 to what time paid?
V Luce
John Harry Esq
3d Auditors office
pd to 4 March 1838
JH
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War Department
Pension Office
27 August 1828.
Sir
In reply to your letter of the 19th instant, I have to state, that the reasons for rejecting your claim to a pension on account of Revolutionary services, are contained in my letter to you of the 18th April 1828; a copy of which is herewith enclosed.
The letter which you state that you addressed to Mr. Calhoun, dated 12 July 1826, containing "a bright old Continental $20 bill" has never been received at this office.
I am very respectfully
Your Obt. Servt.
James L. Edwards
Mr. William Davis 3d
of Brookfield
Leonardsville P. Office
New York.
Page 29

(Copy)
War Department
Pension Office
April 18. 1828.
Sir
In reply to your letter of the 11th instant, I have to inform you that your claim to a pension cannot be admitted, because the act of March 18. 1818 under which you make application, provides for none who did not serve nine months on the Continental establishment, and the longest service which you performed in a Continental regiment was only eight months and twenty days.  Colonel Topham's and Barton's regiments in which you allege to have served much longer than nine months, were not on the Continental establishment.  The papers which you forwarded to this Department will remain on our files.
I am very respectfully
Your Obt. Servt.
(Signed) J. L. Edwards
Mr. Wm Davis 3d
of Brookfield Madison Co
Leonardsville P. Office
New York.
Page 30

War Department,
Pension Office,
October 23, 1829
Sir,
I herewith return the schedule of William Davis 3d as the regulations require a more particular statement than he has given respecting the disposition of his property since the 18th of March 1818.  It is not sufficient for him merely to state that there has been no material change &c.  He must be more explicit, and exhibit a copy of the life lease, which he mentions, duly authenticated by the certificate of the proper officer, under his seal of office.  Each item of property must have the valuation annexed thereto.
I am respectfully,
Your Obet. Servt.
James L. Edwards
Willard Crafts, Esqr.
Bridgewater, 
New York
Page 31

Bridgewater N.Y. Oct 31st 1829
Dear Sir,
I again return the pension papers of Wm Davis 3d and as far as it was possible have complied with your directions according to the within letter. Mr. Davis is so old and his memory so frail that it was impossible for him to recollect to whom he had disposed of what little property he had in 1818. The valuation of his property was made from the valuation of each item, as he has now stated in his oath, and [illegible] put the same value upon it. I herewith send you a certified copy of the life [illegible] mentioned in his schedule. I really hope he may now receive his pension. He is needy, and wants assistance and in all human probability will want it but little longer, as his lamp of life is almost extinguished.
Your obt. Sevt.
Willard Crafts

James L Edwards Esq
Pension Office
War Department
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Peleg Hoxsie
affidavit
Page 33

Madison County SS.
Be it remembered that on the fifth day of April in the year of our Lord one thousand eight hundred and twenty eight personally comes before me, John Davis one of the Justices of the house (in and for said county) Captain Peleg Hoxie who being duly sworn deposeth and says he was appointed a captain in Colonel Barton's Regiment in June the twenty second in the year seventeen hundred and seventy seven. As the command of a company previously commanded by Capt. Nathaniel Hawkins wherein he found William Davis 3d a private enlisted soldier and the said Davis did serve in said company from the twenty second day of June seventeen hundred and seventy seven until the sixteenth day of March seventeen hundred and seventy eight at which time [illegible] was legally discharged at Tiverton in the state of Rhode Island and further this deponent says not.
Peleg Hoxie Capt.

Sworn and subscribed to deponent this fifth day of April 1828.
John Davis
Justice of the Peace
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refered to the Sec. of war. That the papers may be examined again. If he soldier has served on the continental line within ten days of the [illegible] by low, the presumption would [illegible], that he is entitled to a pension or there were no enlistments for a shorter period than 9 months.
If a pension cannot be given him, enter these papers with the result of the congress.
A.J.

Leonards Ville NY
June 24th
Free

Hon. Andrew Jackson
President of M, H
City of Washington
Page 35

Supliment, my father died a soldier in the Revolutionary War, my older brother served, throw the war, I served three years and one month as a listed soldier, one sufferd every thing but death. I was the first man that turnd out to a Col. Barton to take gen prescot, (but did not go, Ben aquainted with an oar) I belong to Gen. Washington gard six weeks lack 2 days (he being sick in the hospittle but he recoved his helth [illegible] his place & I returnd to my company. I ask to have justice done me.

 Independance the above
To aft, may Congress so conduct the as to keep up a regular millatar dissipline, in the United States, and appoint officers for taht purpus, that shall be men of wisdon knoledge boldness and corage, so as never no never hall down the Beautiful Amarican Collars to any furrenford nation or invader) so long as their is one cartrige in the box or one shot left in the locker. W=D 3
Page 36

Brookfield June 22 1829
To his Exelency Andrew Jackson President of USA
Sir, it is natural for children, when they want bread to look to their parrance, I write to you by way of complaint that I have not had justice done me, I served three years & one month as a listee soldier in the Revelutionary War. Supposed it was all continantal stablishment, but Mr. Calhoun makes a distinson, I enlisted in 1782 for nine month with others, to wit. 19 of us started from Providence, R.I. the first day of April and joind Col. Olny Rigt at felladelpie, and was discharged at Saratoga the 20th day of December 1782. We had sirtifacts for nine months servace. 21 day & ner eight days rations 22th day cook them up, 23th day started for home, 250 miles to go, 24th day came on to snow, 2 & 3 feet deep shoes not worth 2 cents & not a cent of money, was ten days on the road. Gen Washington give that time to go home, he new that peace had taken place, he did not want us their any longer, eating up provision, your honner if you please to call at your war office will find my papers on file, I wish your honnor, to see that I have justice done me. I am a poor old soldier, in the 71th year of my age and am past labur, and kneed assistance, my wife is old and infirmd, and to be maid a bastard of among the sons that fought for liberty & independance it is hard, there is soldiers that enlisted the same time that I did are now drawing their pentions, that was discharged the same day that I was, (lost or burnt up their discharges and got two witnesses to sware for them. Please to call at your war office and call for my papers, and judge for your self what is rite, Wm Davis 3.
Please to write to me at Brookfield Leonards Ville Madison Co. Respeckly your poor old wourout soldier.
Page 37

Lucy Davis
N.Y.
Act 7 July '38
80$
from 4 March 36 to 15 May 1838

Hon A.L. Foster HR
Page 38

State of New York Madison County ss
Declaration in order to obtain a ballance of pension under the law of Congress of 1838. 
Lucy Davis being duly sworn says she is the widow of William Davis 3d who was a revolutionary pensioner under the law of congress of 1818. That her husband the above named William Davis 3d died on the fifteenth day of May one thousand eight hundred and thirty eight. That this deponont drew a pension under the law of Congress of 1838 from the death of her husband to wit, from the 15th day of May 1838 to the fourth of March 1841 but from the fourth of March 1836 to the 15th of May 1838 she has never recieved any pay. That she is seventy two years of age and resides in Brookfield County of Madison and state of New York and remains the widow of said William Davis 3d. That her certificate was returned to the [illegible].
Lucy Davis

Sworn and subscribed before me the 7th day of January 1843 Joseph Clark, Judge of Madison County Court

I further certify that I have been well aquainted with the above deponent for forty years and that she sustains a good charactor for truth & verasity. Joseph Clark, Judge of Madison County Court

State of New York Madison County ss
Lucy Ann Fitch being duly sworn says she is thirty eight years of age. That she is the daughter of William and Lucy Davis. That her father the William Davis 3d was a pensioner of the United States under the law of 1818. That her father died on the 15th day of May 1838. That her mother Lucy Davis drew a pension under the law of 1838 from the death of her father to the 4th of March 1841. That her mother has allways since the death of her father resided with her and remains his widow.
Lucy Ann Fitch

Sworn and subscribed this 7th day of January 1843. Joseph Clark, Judge of Madison County Courts

I further certify that I have been well aquainted with the above deponont from her infintcy. That she sustains a good [illegible] for truth and [illegible]. Joseph Clark, Judge of Madison County Court
Page 39

I certify that I am well acquainted with Joseph Clark, whose name appears within. That he was at the time and is a Judge of the County Courts of Madison County New York and that the within papers is in his hand writing. Jany 16, 1843
A. Laur Foster
Page 40

Declaration in order to obtain the benefit of the act of Congress passed  1843
State of New York Madison County ss
On this twenty fourth day of March one thousand eight hundred and forty three personally appeared before the subscriber a Judge of Madison County Courts it being a Court of Record, Lucy Davis a resident of Brookfield County of Madison and State of New York aged seventy eight years, who being first 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 1843. That she is the widow of William Davis 3d who was a private in army of the Revolution and was a pensioner under the act of Congress of 1818. That her husband the above named William Davis 3d died on the fifteenth day of May 1838. That she drew a pension first of eighty dollars per annum from the fifteenth of May 1838 to the fourth of March 1841, and since has recieved the ballance of pension from the 4th of March 1836 to the 15th of May 1838. The she has not since intermarried but remains the widow of the above named William Davis 3d.
Lucy Davis

Sworn and subscribed on the day and year above written before me.
Joseph Clark, Judge of Madison County Courts

I further certify that the above named Lucy Davis sustains a good character for truth verasity and respectability and that from old age and infermity she cannot safely attend court.
Joseph Clark, Judge of Madison County Courts
Page 41

State of New York Madison County ss
Lucy Ann Fitch being duly sworn says she is the daughter of William 3d and Lucy Davis. That her father William Davis 3d was a pensioner of the United States at the time of his death. That her father the above named William Davis 3d died on the 15th day of May 1838 and that her mother has ever since that time resided with her and has not since intermarried but remains the widow of the above named William Davis 3d.
Lucy Ann Fitch

Sworn and subscribed before me this 24th day of March 1843
Joseph Clark, Judge of Madison County Courts

I further certify that the above named Lucy Ann Fitch sustains a good charactor for truth verasity and respectability.
Joseph Clark, Judge of Madison County Courts

State of New York Clerks Office Madison County
I, Lewison Fairchild Clerk of said county do hereby certify that Hon. Joseph Clark before whom the preceding and within affidavits purport to have been sworn was at the date of the same, one of the Judges of the county courts of the said county, and that I am acquainted with his hand writing and verily believe his name subscribed to the said affidavits to be his proper hand writing and signature. Witness my hand and official seal this twenty-eighth day of March 1843.
Lewison Fairchild Clerk
Page 42

Lucy Davis N.Y.
43. $80
[illegible]
448

Hon. William J. Haugh
House of Representatives

Hon W.J. Haugh HR
Page 43

State of New York}
Madison County} ss
Lucy Davis being duly sworn says she is eighty one years of age and is the widow of William Davis 3d who was a pensioner of the United States at the time of his death at the rate of ninety six dollars pr Annum that her husband died in the year one thousand eight hundred and thirty eight that she drew a pension of of [sic] eighty dollars per annum under the act of 1838 and under the act of 1843. and 1849 and has received a pension up to the fourth day of September last  That since the fourth day of September last she has lost her pension certificate
She has made diligent search and cannot find it and believes she shall never be able to find it as she fully believes it has been acidentally [accidently] distroyed [destroyed]; and wishes a new certificate to enable her to draw her pension from the fourth day of September last to the fourth day of March 1848 agreeable to her last certificate
Lucy Davis
Sworn and subscribed before me
this 10th day of March 1846
Wait Clarke Justice of the peace
I further certify that the above named Lucy Davis sustains a good character for truth and veracity and that she is the identical ^person who drew a pension of eighty dollars per annum up to the fourth day of September last-
Wait Clarke Justice of the peace
Page 44

Brookfield
March 16 1856
Hon Wm J Hough
Dear Sir
will you certify on the foregoing affidavit that Wait Clarke is a Justice of the peace & send the same to Mr Edwards and when you receive the certificate forward it to me & have her [illegible] since the 4th March with Wait Clark Esq about 4 miles to make the Davis pension papers it is not to be found & it is undoubtedly distroyed [destroyed- burnt up with waist [waste] papers
Truly Yours
Joseph Clark
Hon William J Hough
Page 45

admitted
J. E. Brady
Chambersby
Pa
Page 46

DECLARATION,
In order to obtain the benefits of the Act of Congress of 2d February, 1848, entitled "An Act making further provision for surviving widows of the soldiers of the Revolution.
STATE OF New York}
Madison COUNTY.} ss.
On this Fifth day of July 1848 personally appeared before the undersigned, a Justice of the Peace, in and for said county, duly authorized by law to administer oaths, Mrs. Lucy Davis resident of Brookfield in the county of Madison State of New York, aged 83 years, who being first duly sworn, according to law, doth, on her oath, make the following declaration, in order to obtain the benefits of the provision made by the act of Congress, passed the 2d February, 1848, granting pensions to the widows of persons who served during the Revolutionary war; that she is the widow of William Davis, 3d who was a private in Col. Barton's and Col. Olney's Regiments in the war of the Revolution, and that she has drawn a pension at the rate of Eighty dollars -- cents, per annum, under the Act of 17th June, 1844.  She further declares that she is still a widow.
Lucy Davis
SWORN TO AND SUBSCRIBED on the day and year above written, before 
Nathan T. Brown Justice of the Peace.
I certify that the declarant is personally known to me, and that she is the same individual she represents herself to be in the foregoing affidavit.
Nathan T. Brown Justice of the Peace.
Page 47

State of New York}
Madison County Clerks Office}
I A Scott Sloan Clerk of said County hereby certify that Nathan T Brown Esq before whom the within declaration on oath was taken & whose name is subscribed to the jurat thereof & to the certificate thereunder written, was on the day of the date thereof a Justice of the Peace in and for said County duly elected & qualified.  That I am well acquainted with the hand writing of the said Justice and verily believe that his signature to the said jurat and the said certificate is genuine.  In Testimony Whereof I have hereunto set my hand and affixed my official seal this 8th day of August 1848-
A Scott Sloan Clerk
Page 48

Incd to $96, ded'y $80
com'g 1 July 1848.
Hon H Bennett,
H of R
Page 49

State of New York
Chenango County ss:
On this 25th day of September 1850 personally appeared before the subscriber, a Justice of the Peace in and for said County, Lucy Davis and made oath in due form of law that she is the widow of William Davis 3d who was a Revolutionary pensioner; that she is now on the roll of the Albany Agency at the rate of $80 per annum; that she believes herself entitled to an increase of pension; and asks whatever may be found due her under any of the acts and resolutions which are applicable to her case
Lucy Davis
Subscribed and sworn before me this 25th day of September 1850 by Lucy Davis known to me to be the person mentioned in the foregoing declaration
H Hubbard
Justice of the Peace
State of New-York,}
CHENANGO COUNTY CLERK'S OFFICE,} ss.
I, NELSON PELLET, Clerk of said County, Do hereby certify, That, H. Hubbard before whom the annexed instrument was proved or acknowledged, was, at the time of taking such proof or acknowledgement, a JUSTICE OF THE PEACE, in and for said County, duly qualified and authorised to take the same.  And further, that I am well acquainted with the hand-writing of the said Justice, and verily believe the signature to the said certificate, is genuine.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said County, this 5th day of Oct. A. D. 1850.
N. Pellet CLERK.
Page 50

Recd 3 Mar
Page 51

Augusta 22d Feby 1835
Sir.
Since I had the honor to address you day before yesterday, a more particular reference to the subject of my letter has occured to my memory, which it seems to me proper that I should hasten to communicate to you.
In relation the original certificate of the Government which I informed you Mr. Crump took from me last summer, in the pension office, the day I was at Washington, and filed among my Fathers papers, I had no experience in such matters, but felt the fullest confidence that it could be no interest to Mr. Crump to take the certificate from me unless it was right that he should do so.
Since, it appears, from the letter I received from home day before yesterday, (of which I sent you an extract) that my Father cannot draw his pension from the New York Agency, without having that paper in his possession.  it is clear that I done wrong in giving it up to Mr. Crump, or that it has operated to an undue advantage of my Father by his taking it from me.
I cannot think that Mr. Crump was aware of the effect it seemed to produce, between my Father and the Pension Agency, and I should have forever remained ignorant of it till I was informed.  
You will perceive that it amounts to stoping [stopping] my Father's pension the second time, and is equivalent to strikeing [striking] his name from the pension roll, also, the second time ^(which would be contrary to the order of the President); and consequently he had drawn nothing from the Agency since last April.
Page 52

From over public spirit and enterprise for the last 10 years in Georgia ^for Brunswick and internal improvements I have become too poor to support him myself, and consequently the old gentleman has had to worry out a cold tedious winter as well as he could, which seems to have fallen the heavier upon him, in consequence of his being deprived of his original certificate, in the way I have stated, to enable him to make the necessary affidavit, when he applies at the Agency for his pension- to wit:  that it is in his possession.
When Mr Crump and myself were about to retire from the War Department, I recollect that you said I was "entitled to take away all the papers I brought there."
When I first call'd at your Department, I then had the original certificate bearing the seal of the Goverment [Government] and signed by Mr. Calhoun, among the papers which my Father requested me to take on to Washington, to compare with all the other papers I could find there, and then he ordered me to lay them all before the President that all the facts in relation to his services in the revolutionary war might be clearly exhibited, and the long difficulties and doubt, which seemed to exist between him and the Commissioner and Chief Clerk of the Pension Office, solely, might be removed.
Perhaps you will recollect that I, after delivering my note of introduction from Mr. Forsyth, proposed to shew you the papers I carried to Washington, but you refered [referred] me to Mr. Crump, where he detached that paper from the bundle and filed it in his office, and therefore it was not brought before you among the other papers, when Mr. Crump made his report; I thought it was all right and did not deem it necessary at that time, (from my want of knowledge of the business) to state the circumstance to you and
Page 53

to ask your permission to take that paper away also = consequently when I forwarded the papers to the President at the Hermitage, the original certificate in question was absent, which, it might have been possible, if His Excellency had found among the documents, might have changed the opinion of his Executive Jurisdiction, in my father's case, in reference to the back pension pay - which was the sole object of my visit to Washington, and for which object alone my Father loaned me his original certificate and papers, with his positive inquisition, to return all his papers to him, by mail, after I had exhibited his case & situation to the President.
I have been this prolix and explicit, as the most natural way, in which I have thought I could explain, the object of my address, and solicit the favour of a reply, as I shall now continue to feel anxious for the welfare of my Father until I can hear that he has got his original certificate back, again in his possession.
I have the honor to be the very respectfully your mo off servant.  
WB Davis
Hon:Lewis Cass
Secretary of War
City Washington
Page 54

JL Edwards
Commission of Pensions
Washington City
911 NY Light
7 July 1838
Lucy Davis
Page 55

Brookfield August 27th 1838
Dear sir
I send the papers of Lucy Davis widow of Wm Davis 3d  I hope as the certificates are anexed [annexed], all will be well I wish a certificate sent to me by mail if she is entitled to the ballance [balance] of his original certificate up to his death that it might be returned for that purpose
it appears that all the proof of his service is on file in your off.
Yours respectfully
Joseph Clark
Mr J L Edwards
Page 56

Free
Brookfield NY
Mar 29/ 43
NY
3 Mar '43
Lucy Davis
James L Edwards Esqr 
Commissioner of Pensions
Washington City (DC)
Page 57

Brookfield Madison Co NY March 29th 1843
James L Edwards Esqr.
Dear Sir
I enclose the papers of Lucy Davis to enable her to claim a pension under the late act of Congress & with her certificate sent to me as soon as convenient-
[illegible] J. Clark Brookfield NY
Very respectfully yours 
Joseph Clark
Page 58

Leonards Ville N.Y.
Sept 5th
Sept 10

James L. Edwards Esqr.
Com. Pension Office
City Washington
Page 59

Leonardsville Madison County New York
3d Sept. 1836
Sir
I wrote from Newport R. Island about 10 or 12 days ago and as I feel desireous of loosing no more time than may be necessary to examine into and collect all the facts in relation to my fathers claim for back pension pay. I take the liberty to renew my request that it may not by any accident of the mails be delayed that you will be good enough to transmit to me at this place a certified copy of my fathers enlistment in the continental army in 1782 and also of his discharge at Saratoga.
I cannot draw his memorial to suit his case untill I can collect all the facts & history of it and have them before me in order first to see whether or not from the facts and the laws compared together, he is justly entitled to any back pay; and if he is so, how his memorial should be drafted to embrace and present those facts to Congress in a clear and concise manner.
I am sir, very respectfully your obt. servt.
WB Davis

J.L. Edwards Esqr.
Com. Pension Office
City Washington
Page 60

J.L. Edwards Esq
Pension Agent
Washington

Wm Davis April 1
Page 61

Uttica March 26th 1835
Dear Sir
William Davis 3d a revolutionary pensioner left in your office last summer his original certificate of his pension, (or his son left it) for the purpose of making an application to Congress for some back pay which he supposed he was entitled to and now cannot draw his pension without the said certificate. I wrote to Mr. Beardsley our member of Congress to get it and bring it home with him. It slipped his memory and has has returned without getting it.
Will you please to send it to me by mail.
Yours Willard Crafts
Page 62

War Department, Pension Office
April 1st 1820
Sir,
In answer to your's of the 8th of February last, I have to inform you, that there was no Col. Toppin on the continental establishment, during the Revolutionary War.
I am, respectfully, Your Obt. Sert.
J.L. Edwards

Mr. William Davis, 3d
Brookfield, Madison Co. New York
Page 63

March 3, 1135
Pension Office
Wm. Davis 3d
NY Act 1818
Page 64

Revd 3 Mar
Augusta Ga 20th February 1835
Sir,
When I was at Washington in July last upon the business of my father's back pension pay, I carried with me his original certificate under the Act of 1818, issued to him in 1819 by Mr. Calhoun, then Secretary of War, which among other papers my father loaned me to take on to Washington for the purpose of exhibiting all the facts in his possession to the President, with directions that the papers should all be returned to him by mail.
When I was at the Pension office that day on which Mr. Crump made the report which you ordered in my father's case, on the examination of the papers which I had, he took the original certificate and did not return it to me; consequently I did not have that paper to lay before the President, nor to return to my father.
I took it for granted that so my father could draw his pension pay semi annually from the New York Agency, which is now going on without that original certificate under the Act of 1818. It was all that was necessary and I therefore made no objection to Mr. Crump's retaining it as I presumed he knew better than I did and said it was unnecessary for my father to hold it in his possession.
I have this day recd. a letter from my brother in law in which he says - "we have wrote for the certificate of 1819 as father can do nothing without it, as the one which he now has in his possession, which is called a certificate
Page 65

is nothing more than a letter, or line, informing him that he was restored to the benefits of the Act of 1818 and replaced on the pension list."
By what I learn from home from letter upon this subject, that every 6 months, when my father wished to draw his pension from the Agency, the oath required him to swear that he has the original certificate in his possession, which affidavit is to be affixed to a copy and unless he can make such an affidavit he cannot draw his pension, which he cannot do, if the certificate is in the pension office at Washington.
My father is poor old, and infirm, and is justly and honorably entitled to all the benefits intended for him and the balance of the old revolutionary soldiers of similar faithful services & situation, by the Act of 1818 and as the President and the Pension Department have no doubt had sufficient and ample evidence of this fact. I must beg of you to be good enough to send for Mr. Crump or Mr. Edwards and ascertain if the original certificate, above alluded to, has been reforwarded to my father, for the purpose of enabling him to take the oath as described and to draw his semi annual pay; if it has not. I hope you will be good enough to have it reforwarded as it can do no more than enable my father to continue to draw his pay, which he is justly entitled to.
I am Sir, very respectfully your mo. obt. servt.
WB Davis

Hon. Lewis Cass
Secy of War
Page 66

My fathers address is
William Davis 3d
Leonardsville, Madison County, New York
Mr. Beardsley has had his memorial before Congress the present session for the back pay, which course was in conformity with the recommendation of the President, in his letter of 1st Novr. to my father & myself upon that subject.
WBD
Page 67

11 Nov 1842
[illegible]
Pension Office
Columbus Geo.  Nov 6/42 Davis
Wm. B. Davis
Asks for further evidence from the Pension Office. D144. Rec Nov 11/42 Pension office.
Page 68

Columbus Ga Novr. 6 1842
Respected Sir,
I acknowledge with gratitude the receipt yesterday of the transcribed testimony from the pension office, I had the honor to ask for on the 19th of Septr., accompanied with a letter from the Hon. J.L. Edwards dated 31. Ult.
The testimony is far more voluminous that I had an idea. It covers all the points of proof I asked for in my letter of Sept. 19 except one: point 4th to wit. A short official certificate of the date and year (I think in 1819), as it stands in the books and pension account of my late father, when his name was stricken from the pension list and roll, and his pension pay stopped; and the date in 1829, when he was restored and the payment of his pension recommenced. This is the most important point in the chain of proof, which it is incumbent on me as the advocate, to procure an official showing in the case, when presented to Congress.
If, in case the other points of proof should be satisfactory, to make out a case of Justice and equity, and this 4th point should be wanting, to shew the correct amount of time and arrearage of pension claimed, (which I think is about 10 years & 2 months) it could not be otherwise than fatal to my cause.
I presume the gentleman detailed to transcribe the papers omitted this 4th point in my letter of Septr. 19 by oversight. A short official certificate, with the seal of your Department annexed, would easily remedy that discrepency.
I regret very much that, Mr. Edwards, and myself differed in our views about the course I should pursue, in presenting my case to Congress, as the advocate of my mother.
The documentary proof he has thus far sent me, seems conclusive to my mind that, my views, as to the course of preparing & presenting my case to Congress, is the only correct course in the present instance.
Page 69

Had I pursued the course recommended by him, in his letter of Sept. 30th and petitioned Congress in the dark, and then had the committee have had time from a press of other business, to have sent for the proof, my petition would have been so widely at variance (based on the tradition handed down to me by my father), from the facts sent up by Mr. Edwards from the records in the pension office, that the difference between our statements, would certainly have been fatal to my cause, and thrown me into disrespect towards Congress as an incorrect advocate.
The proof already shows that such would have been the result; because, it corrects several items of importance which I had forgotten as handed down by my father, and worn from the memory by time and other pursuits. Having made up my mind to embark as the advocate of this case, I thought it would be better to trouble the pension office for the proof during the recess, than wait untill the press of business in Congress. From the doubt which has originated about the course I proposed to pursue; a thought had just suggested to my mind that Mr. Edwards may have considered me wanting in respect towards him, by not addressing my letter of Sept. 19th to him, as "Commissioner of pensions", instead of addressing it to your Department, as the Hon: the Secy of war. If such was the cause of his declining to send me the proof, and the course recommended in his letter of Sept. 30th, (which caused me to appeal from that decision) I beg leave, through the same channel, as the most proper, to make a breif explanation, which I hope will be more satisfactory than any apology I could make. To close up the proof I want in the case, I deemed it important to obtain an official certificate from the head of the Military Department, in regard to the application of the "rules and articles of war", where an Army or regiment of officers and soldiers might be disbanded in a remote region of the country, from the state where they were enlisted and mustered into the public service, as expressed in the 6th point in my letter of September 19th.
Page 70

For that reason and object, if compatable with the official military functions, which I presumed existed in the head of the War Department, I desired, Sir, that you might see the object and chain of proof necessary to be presented to Congress with my petition, to endeavour to make out or fair case of justice and equity; with the hope that, if such official certificate from you could be granted, it would meet the 6th point which I deem essential to the main point, on which the decision of Congress, would most probably turn in the case, in regard to those 10 days in dispute, between the wording of my father's discharge at Saratoga, by Col. Olney, and the 9 months specified in the pension Act of 1818.
It was, therefore, on account of the 6th point, in relation to the "rules & articles of war", which caused me to address my letter of Sept. 19, to the Hon: the Secy of war, (to cover the whole subject in one letter) and not from the remotest thought, or intention of any disrespect whatever, or illiberal feelings towards Mr. Edwards, on account of the difference of opinion between him and my father in 1819 to 1829, about the construction of his discharge at Saratoga, on the 20th Dec. 1782, and the application of the "rules and articles of war", for a reasonable time to march home to Rhode Island. I beg, Sir, that this candid explanation may be sent to Mr. Edwards through the same channel of my letter of Sept. 19, with my full assurance that, I never did intend, or feel any disrespect, or proper want of courtesey towards any officer of the Goverment, in the various applications I have had occasion, by letter and in person, to make in all the Departments at Washington, on various subjects since 1826; and it affords me pleasure to say that, I have always been so fortunate, as to meet with prompt and cheerful responces; and that, this little incidence may have originated on my own part, without any intention of disrespect, or proper want of courtesey towards Mr. Edwards, as the long and established head of the pension office, by the Act of addressing my letter of Sept. 19th to the Hon: the Secy of war, for the purpose of embracing at the same time, the 6th point of proof as herein explained.
I have the honor to be your most obt. servt.
W.B. Davis

Hon. John C. Spencer
Secretary of War
City Washington
Page 71

Columbus, Georgia, March 30th 1843.
Sir.
I rec'd yesterday the National Inteligencer Intelligencer] of 21st Inst. containing the late Act of Congress approved 3d Inst. in relation to the pensions of the surviving widows of Revolutionary soldiers, and appropriating $380,000 to that object.
This brings to my mind the subject of my mother's 5 years widow pension (Lucy Davis of Madison County New York).  She has been paid at the Albany Agency, from the death of her husband- 15th of May 1838, to March 4th 1841, and I presume the Act above alluded to will embrace the balance of her 5 years from and after the 4th of March 1841.
As I undertook year before last, by request of my mother to act as her most proper Attorney in those old Revolutionary matters & principles & laws, in which she feels interested and duly entitled, I would now most respectfully ask to be informed by you, if she is now authorized under the above recited Act to draw the balance of her 5 years pension at the Albany Agency?
I regret that I never looked into my Fathers case, nor never understood the true merits of facts (having lived in the South 30 odd years) in regard to the 10 years of his back pension from Oct. 1819 to Sept. 30th 1829, untill [until] you sent me last fall the official duplicates of all the records and history of his Revolutionary services.
I conceived it was the right of my mother to appeal to Congress by petition through her Atty. and show up all the facts of her husband's services against the common enemy.
Page 72

from the 21st of April 1776 (before declaration of Independence) when he first enlisted in Col. Barton's regiment, in the Rhode Island line of State troops, and include his Continental term of enlistment & services for 9 months and final discharge, by order of Genl. Washington, at Saratoga, in Col. Olney's regiment, in order to prove to Congress that he was a true patriot from the beginning untill [until] the end of the war of the Revolution; and that he was no imposter on the Justice and gratitude of the Goverment [Government] and the country, under the pension Act of 1818.
The petition holds a respectful bearing towards the Goverment [Government] and the "Commissioner of Pensions" (yourself), which you can see, if you desire, by reference to the Secy of the Senate.
The Hon. Isaac C Bates, chairman of the committe [committee] on pensions, wrote a letter and enclosed me a printed copy of the report which he made to the Senate on the 20th of January last, which was adopted.
The report is adverse to allowing the 10 years back pension from 1819 to 1829 of the deceased husband, to the widow as pray'd. for, and concludes, as you can see by reference, in the following words:- "And the committee are less inclined to interfere, as the pensioner is beyond the reach of any personal benefit to be derived from it;- and his widow either has, or is entitled to a pension for five years under the Act of 1838."
The decision of the Senate, with all the official facts & bearings respectfully shown up before that body, being the highest tribunal to which the widow can appeal, in regard to those 10 years of old back pension of the deceased husband, I shall now advise my mother to consider it final, and think no more of reviving the subject in Congress; provided she
Page 73

she gets the balance of her 5 years pension under the Acts of July 7th 1838. and the late act of March 3d Inst. upon an equal footing with the other old Revolutionary widows, who have, or are now drawing, respectively, their 5 years pension under those Acts and the Joint resolution of August 16th 1842.
I am, Sir, most respectfully
Your Obt. Servt.
W B Davis
Atty for Lucy Davis.
J. L. Edwards Esqr}
Commissioner of Pensions}
City Washington}
Page 74

Jany. 16, 1843
J. L. Edwards
Dr Sir,
please send me the certificates for back pay in the case enclosed & oblige
Yours &c
A. Law'n Foster
Page 75

5 Jany 1843
Mr Edwards,
Commissioner of Pensions,
Washington.
Hon J. C. Bates
Senate U. S.
Page 76

Will Mr Edwards ^ do Mr Balis the favor to send him a copy of his regulations, as to evidence, for the admission of Invalid Pensioners?
Jany 5th, 1843.
Is Mrs Davis on yr list of pensioners- the lady to whom we referred in our conversation & I in my note.
Page 77

President U. S.
Refers letter of W. B. Davis asking for certain evidence on file in Pension Office- who has been refused him by Comr. Peus.
P469. Rec Nov 14/42
Pension Office
14th Nov 1842
D. C.
Page 78

Columbus, Georgia.  Octr. 29th 1842
Respected Sir,
As the legal and proper advocate of a case, in which a high and delicate principle is involved, I have recently felt it my duty to apply to the Hon. the Secretary of the War Department for certain abstract certified copies from the Archeives [Archives] of the pension office, to be attached, by way of proof and official exhibition of the facts of record in that Department, as an appendix and correct reference in a petition, which I desire to send up to Congress at the opening of the ensuing session.
The commissioner of the pension office having refused to furnish me with the proof asked for; and not being able to see how I can correctly approach Congress in the dark upon the subject, I feel constrained to avail myself of my right to appeal from the decision of the Commissioner of pensions to your Excellency, that you may see Justice done between the views of the Commissioner and myself, so far, at least, as "the rules of that Department" are under the supervision of your Excellency.
I desire not to encroach upon any "rule of the Department", unless it should become artibrary and go to opperate [operate] to the defeat of the ends of Justice and equity, in which I am in pursuit of at the hands of Congress.
I have come forward as the only son and most proper advocate in a pension case of my late revolutionary Father, and in behalf of his revolutionary widow, and my mother.
The difficulty occured some years ago, under the pension act of June 1818, between my Father and the Commissioner of pensions, and it has never to this day been correctly explained to, and corrected by Congress, though it has been continually pressed during his lifetime, upon the commissioner of pensions, and as continually resisted by that functionary; and several lame petitions in the dark I believe, have been presented to Congress upon the subject.
Page 79

of the Army and Navy, &c. or to Maj. Genl. Scott; which is the most important point, on which the case of my late Father will turn, in the decision by Congress, in relation to the arrears of his pension, during the time he remained stricken from the pension roll, from the latter part of 1819 to 1829, and his pension detained in the coffers of the Goverment [Government].
My object now is, that, if the proof will warrant me to petition Congress and show that body, by the evidence I desire to be annexed, that, the striking of my Fathers name from the pension roll, on account of a subsequent riged [rigid] construction of his discharge at Saratoga, on the 20th Decr. 1783, as lacking 10 days of coming up the the 1st of January 1784; or in other words, lacked 10 days of coming within the 9 months specified in the pension act of 1818; and that in order for the Commissioner of pensions to enable himself to maintain a riged [rigid] decision on that point, in regard to the writeing [writing] of the discharge by Col. Olney, he allowed nothing for the "rules and articles of war", to march home to the State of Rhode Island, where those revolutionary soldiers of his company and regiment were enlisted and embodied to which State they were entitled to be marched back & rationed.
When the "rules and articles of war" are thus applied, and it should appear that, the striking of his name from the roll, and the detention of his pension in the coffers of the Goverment [Government], was illegal and erroneous, I shall feel it my duty, in such case of the proof, on the said sixth point, to respectfully ask Congress to consider the Justice and equity of the case, and to direct by Joint resolution that, the said back pension may be now paid to my mother, as a Just legacy due from the Goverment [Government], under the pension Act of 1818, and charge the same to the revolutionary fund.
If those said 10 years of pension was lawfully due and unpaid to my Father, during his life time, agreeable to all the other facts and what should have been a lawful application of the "rules and articles of war", to the place and manner of his disbandment at Saratoga, without pay, clothes, or rations, then it would seem to be a proper question of Justice and equity for Congress to decide,
Page 80

who is now best entitled - the goverment to hang on to that back pension, which legally belonged to a revolutionary soldier, or pay it over to his widow? Who had to bear the greater hardship and deprivations to support her husband in his crippled and indigent old age, during the said 10 years stoppage of his pension, on account of those said 10 days riged decision. Genl. Jackson will, no doubt, be considered as good authority in military matters, and he decided, when appealed to by my father in 1829, from the examination of his discharge at Saratoga and the other facts in the pension office, that, by the "rules and articles of war", he was not subject to have been stricken from the pension roll in 1819, under the pension Act of 1818, and he, therefore, ordered his name restored, and the balance of the law faithfully executed; which was done, but he wrote my father that, he had no constitutional authority to legislate in regard to the back pension. Genl. Jackson decided that, by the "rules and articles of war," a regiment of officers and soldiers in the public service of the United States, when marched into a remote quarter of the country, from where they were enlisted and embodied into the service, were always entitled to be rationed and marched back to the state where they were enlisted and so embodied, before their disbandment, in order to close the term of service and pay; or to be allowed a reasonable time, in case of disbandment in a remote region of the country, to march home in squads without officers. If, therefore, my father was entitled to be restored to the pension roll in 1829, under the pension Act of June 1818, it is contended that, his back pension, from the latter part of 1819, was lawfully entitled to have been restored also.
This is the true question yet pending in the premises. Had the commissioner of pensions understood or allowed the above application of the "rules and articles of war", to the case, services, and discharge of my father at Saratoga, his name would not have been arbitrarily stricken from the pension list in 1819 after
Page 81

after being regularly enrolled and paid upwards of a year, and a regular goverment certificate issued to him, under the pension Act of 1818, bearing the seal of the goverment. 
This is an issolated case, and I desire so to present it to your Excellency and to Congress upon its own merits, in the respectful manner I have proposed, and then I shall feel that, I have obeyed the request of an aged mother, and discharged my duty to the name and character of a patriotic revolutionary father. He always felt and died under the feeling at heart, that, the striking of his name from among his old revolutionary comrads on the pension list, under the Act of 1818, was tantamount to holding up his name and character as an imposter upon the gratitude and justice of the goverment and the country; and to feel that he was disgraced, on account of such riged construction of those 10 days short, in the writeing of his discharge at Saratoga, on the nine months specified in the pension act; for which he was allowed nothing for the rules and articles of war, untill Genl. Jackson came in to the Presidency in 1829. During those 10 years, to see and know that his revolutionary comrads, who enlisted at the same time in Rhode Island, and under the same continental act, for the same term of 9 months, or untill the end of the war, who had lost their discharge or were otherwise enrolled by the Commissioner of pensions, by affidavits, &c. were regularly drawing their pensions, and for him to be thus cut off and disgraced, as an imposter, on account of a cavil about those 10 days, because he had preserved his discharge as a sacred momento; when he had suffered 14 days through a tremendous snow storm, without money, or rations, and badly clothed, to march from Saratoga, in Decr. 1783, home, 250 miles to Rhode Island, where he was enlisted [illegible] embodied in to the continental service, was a natural and double affliction to his memory and wounded feelings.
Page 82

If there were any imposters upon the gratitude and revolutionary justice of the goverment, under the pension act of June 1818, the Commissioner of pensions had ample testimony before him, even in the article of the written discharge at Saratoga, to prove that my father was not entitled to be ranked among the imposters and disgraced among his old revolutionary comrads.
Your Excellency will please to observe, therefore, that there is a high and delicate revolutionary principle involved in this case, which sticks deeper upon the memory of a father, and the feelings of a revolutionary mother, than the amount of the arrears of pension I propose to submit to congress, provided I can receive the aid of your Excellency in granting me the copy proof I desire from the pension office.
I feel a high respect for Congress and the goverment, but I cannot see how I can send up a correct petition without the proof before me in the case, to enable me to draw out the petition, to correspond with the facts, and as a reference to be annexed. 
I could not pervert the facts; they would show for themselves the merits of the case; and that is all that is necessary, without any "report" from the pension office, by way of argument and pre-decision of the case for Congress.
On the other hand, should I adopt the course directed by Mr. Edwards, in his letter of 30th ult. I would have to draw up my petition in the dark, from the tradition handed down by my late father; which may or may not be strictly correct; and should the proof I now desire, be subsequently sent for, by the committee of congress, as suggested by Mr. Edwards, and my petition be widely at variance, I cannot but think, in that case, it would be highly disrespectful in me towards Congress, to send up my petition thus in the dark, as proposed by Mr. Edwards.
Because, in case the proof he would send up to meet it (which I have never seen) might be at variance with my traditionary statement; and in that case, Congress would be warranted in viewing my petition as highly disrespectful on that account, and thereby the ends
Page 83

of justice and equity I aim at in the case, would be defeated. I would therefore prefer to have the extract copy proof I have respectfully asked for, which I cannot but think is the most proper course to draw up my petition correctly, and to know of my own knowledge that, the whole case, with all the necessary proof, will be respectfully laid before Congress with my own right  hand.
This seems to me to be the shortest and most correct way to arrive at the justice and equity of the case.
By the course Mr. Edwards proposes for me to send up my petition in the dark, the Committee might be so pressed with other business, as to omit sending to him for the proof in the case; when, I conceive it is the part of my duty, as the advocate and petitioner, to procure the proof myself to be refered to and annexed to the petition.
I cannot see any other way but this, to present my case properly and respectfully before Congress.
I have, therefor appealed to your Excellency with the hope that, my letter of the 19th ultomo, and also the 6th Inst. to the Hon: the Secy of war, may be reconsidered, and the copy proof asked for granted, for the purpose there in stated.
I have the honor to be, Sir, your most Obt. Servt. W.B. Davis

His Excellency 
John Tyler Esqr.
President of the United States
City Washington
Page 84

(Copy)
Pension Office
Setember 30, 1842
Sir,
Your letter of the 19th ins.t. asking for a particular statement in the case of the late William Davis 3d of Madison County, New York, has been received.
The rules of this Department render it wholly unnecessary to make any extract whatever from his papers to aid you in presenting his case to Congress.
If you will petition that body, the committee on pensions to whom the subject will be refered, will, according to custom, ask for copies of the papers and a report of the case, and the petitioner will then have the benefit of all the facts in possession of this Department. This is the course invariably pursued in such cases and it cannot be departed from.
I am respectfully your Obt. Servt. 
(signd.) J.L. Edwards

Mr. W.B. Davis
Columbus Georgia
Page 85

TREASURY DEPARTMENT,
Second Comptroller's Office,
September 16th, 1839.
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," the widow of William Davis 3d a Pensioner on the Roll of the Albany, N. Y. Agency, at the rate of eight Dollars [and --- Cents crossed out] per [annum crossed out] month, under the law of the 18th March 1818, has been paid at this Department, from the 4th of March 1838 to the 15th May, 1838, the day of his death.
Respectfully, yours,
Albion K. Parris
Compteoller.
To the Commissioner of Pensions,
Present.
Page 86

28th Congress, 2d Session.
Rep. No.117.
Ho. of Reps.
William Davis.
[To accompany bill H. R. No. 596.]
February 7, 1845.
Mrs. Milton Brown, from the Committee on Revolutionary Pensions, made the following Report:
The Committee on Revolutionary Pensions, to whom was referred the petition of William Davis, report:
The petitioner was placed on the pension-roll under the act of the 18th March, 1818, and drew his semi-annual allowance for nearly two years, when his name was stricken from the roll by the Commissioner of Pensions, for the reason that his discharge was dated ten days previous to the expiration of the nine months' service for which he enlisted. From this decision of the commissioner the petitioner appealed; and on the 29th of June, 1829, the Secretary of War made an order restoring his name to the pension-roll, in the following words, viz: "The discharge of this man shows a service of eight months ad twenty days, being then at Saratoga, and a considerable distance from his home in Rhode Island; it was not an actual service of nine months, but wants so few days as certainly to bring him within the equity and policy of the law. Besides, he must have enlisted for a period not less than nine months; the discharge does not say his term had expired, but that his services were not required longer. This makes it such a case as should be considered equivalent to, and indeed, a nine months' service; if the proof be correct in other respects, let the objection as to the ten days being deficient, be overruled."
The period for which the petitioner has been deprived of his pension is ten years and twenty-six days, amount to $966.92; and for this he asks the passage of a law granting him that sum.
The committee concur fully in the opinion of the Secretary of War, and think the petitioner was improperly stricken from the pension-roll, and that he is justly entitled to the relief prayed for; and have, therefore, directed their chairman to report a bill.
Blair & Rives, print.
Page 87

Columbus Geo. Oct 6/42
W.B. Davis
Refers to his letter of 19th ulto requests that the evidence therein asked for may be sent to him.
D137. Rec Oct. 11/42
Pension office
B papers
Wm Davis
Page 88

Columbus, Georgia Oct 6th 1842
Sir,
I had the honor to address a communication to you dated 19th ult. to which I beg leave to crave your reference. I noticed in the newspapers day before yesterday that you were in Norfolk on the 24th Ult. and my communication I presume arrived in Washington during your absence; and as it related to papers in the archeives of the Pension office, I presume it was refered to that Department before your return, and thereby has escaped your perusal.
Your certificate in relation to the "rules & articles of war", or that of Genl. Scott, seems to me important to embrace the 6th point of proof in the case to which my letter of 19th ult refers: I therefore feel desireous that you send for and see that letter, in order that you may be fully informed of the 6 points of chain of proof I wish to obtain to accompany my petition to the ensuing session of Congress, that the official facts of the case may be spread before that body at one view.
I cannot see how I, (myself,) or any other man can argue a case of that sort without the proof of the facts & merits being officially before him, that he may be enabled first to judge whether he would be justifiable, upon the rules of justice and equity, in sending up the case for the consideration of Congress, or not. I feel a high respect for Congress, and especially were I to attempt to argue the case of my late father in behalf of my mother; and consequently I cannot see how I am to shape my petition in case the facts would warrant the attempt, without the six points of proof and reference I had the honor to ask for, in my letter to you on the 19th Ult; or whether I ought to petition Congress or not.
Page 89

Brookfield, June 22, 1829
To his exelency Andrew Jackson
President of U.S.A.
I hereby certify, that the accompanying pages number from one to 3, inclusive, are truly copies from the originals in the Office of the Commissioner of Pensions, Department of War.
J.L. Edwards
Commissioner of Pensions.

Be it remembered, that James L. Edwards, who has signed the foregoing certificate, is Commissioner of Pensions; and that to his attestations full faith and credit are and ought to be given.

In testimony whereof, I have hereunto subscribed my name, and caused the seal of the Department to be affixed, on this 30th day of May in the year of our Lord one thousand eight hundred and forty-five.
W.L. Marcy
Secretary of War.

and infirme, and to be maid a bastard of
Page 90

1
Brookfield, June 22, 1829.
To his exelency [Excellency] Andrew Jackson,
President of U. S. A.
Sir,
It is natural for children when they want bread to look to their parrance [parents].  I write to you by way of complaint that I have not had justice done me.  I served three years and one month as a listed soldier in the Revolutionary war, supposed it was all continentall [continental] stablishment [establishment].  But Mr Calhoun makes a distinson [distinction].  I enlisted in 1782 for nine month with others; to wit 19 of us started from Providence, R. I. the first day of April and joined Colo. Olny's Reg't at Felladelphie [Philadelphia], and was discharged at Saratoga the 20th day of December 1782.  We had sirtifacats [certificates] for nine months servace [service]; 21 days - drew eight days rations, 22d day cook them up, 23d day started for home, 250 miles to go, 24th day came on to snow, 2 & 3 feet deep, shoes not worth 6 cents and not a cent of money, was ten days on the road.  Gen. Washington give that time to go home.  He new that peace had taken place, he did not want us there any longer eating up provisions.  Your honnor [honor] if you please to call at your war office will find my papers on file.  I wish your honnor [honor] to see them that I have justice done me.  I am a poor old soldier in the 71st year of my age and am past labur [labor], and kneed [need] assistance; my wife is old and infirme [infirm], and to be maid [made] a bastard of
Page 91

2.
among the sons that fought for liberty and independance [independence] it is hard.  There is soldiers that enlisted the same time that I did are now drawing their pensions that was discharged the same day that I was, (lost or burnt up their discharges and got two witnesses to swear for them.)  Please to call at your war office and call for my papers and judge for yourself what is rite [right].
(Signed, Wm Davis, 3d
Please to write to me at Brookfield, Leonard's ville, Madison Co
Respeckly [Respectfully] your poor ^old wornout soldier.
Supplimen [Supplement].  My father died a soldier in the Revolutionary war- my older brother served throu' the war; I served three years and one month as a listed soldier and suffered everything but death.  I was the first man that turn'd out to go Colo. Barton to take Gen. Prescot (but did not go *benacquainted with an oar).  I belonged to Gen. Washington gard [guard] six weeks lack'g 2 days (he being sick in the hospittle [hospital].  But he recoved [recovered] his helth [health] filled his place and returned to my company.  I ask to have justice done me.
Independance [Independence] Toast.  May congress so conduct the above as to keep up a regular military discipline in the United States and appoint 
*perhaps "being unacquainted"]
Page 92

3
officers for that taht[sic]  purpose that shall be men of wisdom, knoledge [knowledge] boldness and corage [courage], so as never, no never shall down the beautiful Amarican [American] collars to any funer[?] foe, nation or invaders so long as their [there] is one cartage [cartridge] in the box, or one shot left in the locker.
(Signed) W. D. 3d.
The following endorsement appears upon the papers (made by the President)
Referred to the Sec. of War that the papers may be examined again.  If the soldier has served in the Continental line within ten days of the limit by law, the presumption would arise that he is entitled to a pension, as there were no enlistments for a shorter period than nine months.
If the pension cannot be given him return these papers with the result of the enquiry.
(Signed, A. J.
Page 93

Free
L. H. Arnold
Jas L. Edward Esq
Commr Pensions
Washington City
feb 25 '46
Lucy Davis
NY
Hon L. H. Arnold HR
Page 94

House Rep. Chamber Feby 24. 1846
Jas. L. Edwards Esq}
Commr. Pensions}
Sir
I am informed by one of the Committee of revolutionary pensions that Lucy Davis of Leonardsville, Madison County & State of New York, widow of William Davis 3d so designated on the pension roll of the United States as a soldier in the continental army of the revolution, is entitled to a continuance of her pension by a law of Congress passed in 1844- Will you inform me whether this be the case, if so please state the amt. now due & for which a certificate will need issue & such of their information as may be important- & oblige
Your obedt. servt
L. H. Arnold
Page 95

President U. S.
Refers letter of W. B. Davis asking for a copy of his father's letter on subject of his pension claim
p 299 
Pension office
copy of his father's letter dated June 22 1829 sent May 31 45
Wm Davis on wh 1818
448 NY wk 40
Lucy Davis
Page 96

Baltimore May 12, 1845
Sir.
Your Excellency will perceive that the inclosed report of the committee on pensions is based on the order of the Hon. the Secy of War (Genl Eaton) on the 29th June 1829, made by the direction of Genl. Jackson as President of the U. S. to whom my Father appealed for Justice in his pension case in a letter written by his own hand, addressed to Genl. Jackson in due form as the then President; which letter I presume is dated about the middle of June 1829, and now on file in the Executive Department.
The case will be revived again at the next session of Congress under a continuation of my advocacy as the most proper atty in the case, and it has struck me forcibly that a copy verbatim, in my Father's own words & style, duly & officially certified by your Executive Department, will be a very correct and acceptable evidence of the true state of his situation and circumstances at that time, to the committee on pensions, which I will add to the other official papers & evidence, to be relaid before the com'tee in the case.
Please direct the said letter to be found & a certified copy enclosed to my address at Baltimore; or if it is not important as to a rule, to retain the original in the Department.  I should prefer that to send up to the committee, where it would still be on file in the archieves [archives] of the Capotol [Capitol] on the hill
Page 97

I am certain that ^original letter of my Father's in June 1829 will never be wanted again in any case whatever, except the present case as the best evidence of his own situation at that time, and the difficulty with the pension office from 1819 to 1829, as set forth in his own letter,  story & style in that appeal to Genl. Jackson for Justice, which was approved of & granted from and after the 29th June 1829; but Genl. Jackson said in reply by letter that "his duty was to see the ^pension law of March 18, 1818" faithfully executed, but he had no power to legislate and appropriate money" for the 10 years detained pension, from 1819 to 1829, and that that was a case belonging to Congress- & I now as the atty & advocate hope to get a full and final decision on it in regard to those 10 years detained pension at the next session, and hope your Excellency will oblige me with the original, or a certified copy of my Father's letter of appeal to Genl. Jackson as above requested & for the purpose above stated.
I am Sir, most respectfully
your obt. servt.
W. B. Davis
His Excellency}
James K Polk Esquire}
President of the United States}
City Washington}
Page 98

New Berlin Nov 25, 1850
Hon J. L. Edwards
Sir, I am instructed on behalf of the widow, Lucy Davis of Brookfield, N. Y. widow of William Davis 3d to ask a suspension of any action on her application for an increase of Pension, until the meeting of Congress, and I can see ^you or send to you, some further information in regard to the matter, & the reasons for this request, as she fears, the persons acting for her design to take an improper advantage of her- I write this at her request asking you to retain the old certificate in your hands- until you hear again from her.
Yours truly
H. Bennett
Page 99

Payment to be made at Albany by Thos. W. Olcott Esq Agent for paying Pensioners, in the Agency of New York
Payable on the 4th September and 4th March
Recorded in the Pension Office on the Roll of Pensioners under act February 2d, 1848, Page 59 Vol. 4
Leo. Jenkins
Clerk.
Residence in Brookfield 28 years previous to 
March 4th 1849
Page 100

WAR DEPARTMENT.
WIDOW'S PENSION.
I certify that in conformity with the act of February 2d, 1848, Lucy Davis, widow of William Davis 2d who was a private in the revolutionary war, is inscribed on the pension list at the rate of Eighty dollars [and ---cents crossed out] per annum, commencing on the 4th 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 War Office of the United States this 22d day of August one thousand eight hundred and forty eight.
W. L. Marcy
Secretary of War.
Examined and Countersigned.
J L Edwards
Commissioner of Pensions.
Page 101

Pension Office
May 31, 1845.
Sir, 
Your letter of the 12th inst. to the Secretary of war was referred to this office, and I herewith enclose a copy of your father's letter bearing date the 22d June 1829, it being inconsistent with our rules to send the original.
I am, respectfully,
Ylour Obt Servant,
J L Edwards
W. B. Davis, Esq.
Baltimore
Maryland.
Page 102

140
William Davis
Private
Col Bartons Regiment
Rhode Island Line
1776 2 years
admd. on the certificate of the officers annexed

The deposition of 2 witnesses (certified by the judge to be credible) as to [illegible] service (on continental establishment) in continuation will be required.
Page 103

State of New-York, Oneida County, ss.
I Morris S. Miller, First Judge of the county of Oneida, do certify, that it appears to my satisfaction that the within named William Davis did serve in the Revolutionary War, against the common enemy, on the Continental Establishment, for the term of nine months or longer, as stated in the declaration hereto annexed. And I now transmit the proceedings and testimony taken and had before me, to the secretary of the Department of War, pursuant to the directions of the Act of 18th March, 1818. Dated this 9th day of June 1818. I further certify, that I am satisfied, that he is in need of assistance from his county for support.
M.S. Miller, First Judge of Oneida.

State of New-York, Clerk's Office of Oneida County,
I do certify that the above signature, and the signatures to the certificate of the affidavit hereto annexed, are in the proper hand writing of Morris S. Miller, the First Judge of the county of Oneida. In witness whereof, I have hereunto set my hand and the seal of this Court. Dated the ninth of June 1818.
Francis A. Bloodgood

June 1818 before me,
M.S. Miller
First Judge of Oneida.
Page 104

Exeter April 22, 1818. I hereby certify that William Davis enlisted a soldier in my company April 21st 1776 and served until March 16th, 1778 Col. Bartons Regiment in the United States army as appears by my Muster Rool. Attest Peleg Hoxie

of the United States.
Given under my hand at Saratoga this twentieth day of Decmber 1782
Whom concerned. Coggell Olney Maj Comd.

Macombers Company & Olneys Regt. and served out the term required of him as appears by the certificate of Col Olney, which is genuine and originally granted to this deponent. He was in the battle of Rhode Island.
And that he has no other evidence of his service in his power, beyond what is now offered.
Wm Davis

Sworn this 9th day of June 1818 before me,
M.S. Miller
First Judge of Oneida.
Page 105

Certifficate
William Davis
Page 106

William Davis soldier in the Rhode Island Reg. having this day completed eight months and twenty days service, being the term required of him is hereby honorably discharged the service of the United States.
Given under my hand at Saratoga this twentieth day of Decmber 1782.
Whom concerned. Coggell Olney Maj Comd

Macomber Company & Olneys Regt. and served out the term required of him as appears by the Certificate of Col Olney, which is genuine and originally granted to this deponent. He was in the battle of Rhode Island.
And that he has no other evidence of his service in his power, beyond what is now offered.
Wm Davis

Sworn this 9th day of June 1818 before me.
M.S. Miller
First Judge of Oneida.
Page 107

State of New-York,
Oneida County, ss.
PERSONALLY appeared before me, MORRIS S. MILLER, first Judge of the County
of Oneida, in the state of New-York, William Davis
aged 59 years and upwards, and a resident of the said County, and an
applicant under the act of Congress of 18th March, 1818, who, being duly sworn, did
say, that by reason of his reduced circumstances in life, he is in need of assistance from
his country for support - that he never had any pension allowed him by the laws of
the United States - that he served as a soldier in the War of the Revolution against
the common enemy, for two years & upwards on the continental Establishment. that he enlisted
in the year 1776 in the State of Rhode Island in Captain Hoxies’ company, and Barton’s
regiment, and served therein one year and Eleven months as appears by the certificate of
Capt. Hoxie, which is hereto prefixed, and is genuine and originally 
granted to this Deponent. He afterwards enlisted for Nine months in
Macomber’s Company & Olney's Regt and served out the term required
of him as appears by the Certificate of Col Olney, which is genuine and 
originally granted to this deponent. He was in the battle of Rhode Island.
And that he has no other evidence of his service in his power, beyond what is now offered.
Wm Davis
Sworn this 9th day of
June 1818 before me,
M. S. Miller
First Judge of Oneida.
Page 108

The discharge of this man, shows a service of Eight months & 20
days being then at Saratoga, and a considerable distance from his home in
Rho. Island. it was not on actual service of 9 months, but wants 
so few days, as certainly to bring him within the Equity & policy
of the law. Beside he must have enlisted for a period not less
than 9 months: the discharge does not say his term had expired; but
that his services were not required longer. This makes it such
a case as should be considered equivalent to, indeed a nine 
months service. If the proof be correct in other respects at
the objection as to the 10 days being [illegible] be overruled.
J. H. E.
29 June 29
Page 109

(Copy Lease)
This Indenture made the second day of December in the year
of our Lord one thousand eight hundred and twenty eight
between Lucy Ann Davis of Brookfield Madison County and
State of New York of the first part and William Davis and Lucy
Davis his wife of the same town of the second part. Witnesseth that the
said party of the first part for and in consideration of the sum
of one dollar to her in hand paid, and of the respect to the party, and
in behalf of the said party of the second part, the party of the first
part doth covenant and agree to lease unto the party of the second.
part, all that certain piece of Land situate in said Town of Brookfield
Madison County and State aforesaid a part of Lot No. 87 and is
bounded as followeth, beginning at the South west corner of the herein
described piece, and running North fifteen degrees west four chains
and ninety two links to a stake on Mr. Searles’ Line- Thence South
seventy nine degrees east two chains and fifty links, Thence South eight
degrees west one chain and seventy links to a stake. Thence North Seventy
nine degrees west Eighty one links to a stake. Thence South three degrees west
two chains and fifty two links to a stake near Mr. Green's shop, from
thence South seventy nine degrees west to the beginning containing half
an acre and twenty eight rods of land the same more or less. To
have and to hold the said Tract of land and premises & improvements
thereunto belonging from the day of the date hereof for and during the
natural life of the said William Davis and for and during the
natural life of the said Lucy Davis and during the natural life of
the longest lives of them, as witness and confirmation hereof the
party of the first part hereunto set her hand and seal this
day and year above written
Lucy Ann Davis (L S)
In presence of
Joshua Wells
Paul B. Maine
Page 110

I John G. Curtiss Clerk of the Court of Common Pleas in Madison
County and State of New York do certify that the original Lease
of which the within is a true copy is on file in this office
among the Pension Papers of William Davis 3d and I further
certify that I have compared the within with the original
and find it to be a true Copy -
In testimony whereof I have hereunto set my
hand and affixed the seal of the said Court
this 30th day of October 1829
John G. Curtis Clk
Page 111

State of New York
Madison County Ss
William Davis 3d of the Town of Brookfield in
the County of Madison being duly sworn doth depose and say
that he is not able by reason of bodily infirmity, personally
to attend in open Court. And this deponent further says that
owing to his old age, and disease; his memory has so far
failed him, that he cannot recollect what property he has
had and disposed of since the 18th of March 1818. All
that he recollects is that since that time he has had four
cows which he has disposed of to some persons, but to whom
he cannot now recollect, and for what prices he cannot
recollect, but the proceeds thereof has gone entirely to the
support of himself and family and for nothing else, and
this deponent further says that the items of his property in
his schedule presented to the Court of Common Pleas in the
County of Madison the 8th day of October 1829 were valued
as follows - viz
1 Mare $15   		Two pigs   $4
1 Table 4   		½ doz. Chairs   5
1 Dish kettle   2    	1 Tea Kettle   1
1 Pot   1.50		1 Desk    5 50
6 Knives 1.00		6 Forks   1
And this deponent further says that the life lease
mentioned in his schedule he has caused to be deposited
in the Clerk's office in Madison County, in order that the
Clerk may send a certified copy thereof to the War Department
Wm. Davis 3
Sworn & Subscribed
this 30th day of October 1829
before me
Wm Davis 3
(Turn over)
Page 112

I Elisha Randall a Judge of the Court of Common
Pleas in the County of Madison where the said William
Davis 3d resides, do hereby certify that the above named
William Davis 3d is from bodily infirmity unable to
attend in open Court. I have therefore in pursuance
of the act of Congress of the 1st of March 1823 attended at
his place of abode and administered the foregoing oath
Oct 30th 1829
Elisha Randall
Page 113

[begin left side]
New York - 631-
Lucy Davis
widow of William Davis 3d
who was a pensioner under the Act of 18 Mar. 18
and who died on the 15 May 1838 -
of Madison Co in the State of New York
who was a private in the company
commanded by Captain McComber of the
Regiment commanded by Col. Olney in
the R. Island line for 2 years
Inscribed on the Roll of Albany
at the rate of 80 Dollars
Cents per annum, to commence on the 4th day
of March, 1836 & ending May 1838
Certificate of Pension issued the 27 day of
January 1843-- and sent to Hon. A. L.
Foster H. R.
Arrears to the 4th of-
Semi-annual allowance ending
$89.99
[Act July 7, 1838.]
Recorded by         Clerk,
Book A Vol. 2 Page 74
[begin right side]
A new certificate was issued
in this case under the opinion
of the attorney General of the
2d of September 1842, which
was given in consequence
of the resolution of Congress
of the16th August, 1842
Refd. 27 Jany ‘43
Let to W. B. Davis Apl 10 1843
Page 114

[begin left side]
Re
Let. to W. B. Davis May 31, 45
do. to Hon G. Bancroft actg. Sec. War
June 10. 1845 – do. to Hon. L.
H. Arnold Mar 2nd 46.
Letter to Hon W. J. Hough
22 March 1846
[begin right side]
448.
New York. Albany
Lucy Davis
widow of William Davis, 3d
who was a private
in the Rhode Island line
for 2 years
Inscribed on the Roll at the rate of
80 Dollars    Cents per annum, to commence on
the 4th day of March, 1843.
Certificate of Pension issued the
20th day of June 1843
and sent to
Joseph Clark
Brookfield
New York
[Act of March 3, 1843.]
Recorded in Book A
No. 1. Page 105
Page 115

[begin left side]
Let to Jos. Clark [illegible]
same person & 3d and 13 Sep 183[illegible]
See letter 30 Sept. 1842 to W. B.
Davis -- Let to Same Oct 31 1842,
Do. to Hon. J. C. Bates, Senate, Jan. 5.
1843-
[begin right side]
Albany 631
Lucy Davis
William Davis 3d.
pensioner under the Act of 18th March 1818
who died on the 15th May 1838 
Madison Co. in the State of N. York
who was a Private in the company commanded
by Captain McComber of the Regt commanded
by Col. Olney in the R. Island
line for 2 years
Inscribed on the Roll of Albany
at the rate of 80 Dollars   Cents per annum,
to commence on the 16 May 1838
Certificate of Pension issued the 8th day of Oct
1838 and sent to Jos. Clark
Brookfield, N.Y
Arrears to the 4th of Sep ’38   24.22
Semi-annual allowance ending 4 Mar. ’39   40.00
[underline]
$64.22
{Act July 7,
1838.}
Recorded by D. Brown Clerk
Book A. Vol. 2 Page 74
Page 116

[begin left side]
see letter to Hon. T.H. Hubbard
4 Decr. 1822
See letter Dec. 10. 1822- Statement of
Willard Crafts & others ret’d. to Mr. H.
Dec. 10. see letter April 18. 1828. to Wm
Davis 3d
27. August 1828. to Ditto
[following written vertically, barely legible]
Barton’s Regt. & in
Olney’s [illegible] the former not continental
Only 8 months & 20 days in the latter.
[begin right side]
9270
New York
William Davis 3d
Oneida County in the State of New York
who was a private in the regiment commanded by
Colonel Barton of the Rhode Island
line, for the term of 2 years
Inscribed on the Roll of New York
at the rate of Eight Dollars per month, to commence on
the [illegible] of June 1818.
Certificate of Pension issued the 14 of April 1819
and sent to M. S. Miller
Tabing, Oneida, N. Y.
Arrears to 4th of March 1819. $70.89
Semi-anl, all'ce ending 4 Sept   48.-
[underline]
$118.89
{Revolutionary claim,
Act 18th March, 1818}
[Following overwritten vertically, barely legible]
[illegible] Did not serve 9 mos in Olney’s
Barton’s regiment [illegible]
The continental [illegible]
Page 117

Aug 25
FREE
Hon. J. L. Edwards
Comr. Pension Office
City Washington
Page 118

Newport R. Island 21st Augt. 1836.
Sir.
I received your letter of the 11th inst. at New York
and regret to learn that the bill for the relief of my
Father was indefinitely postponed in the Senate. 
The more I have examined into the subject the more I
find that I have not heretofore properly understood it. 
I have acted from report, never having seen the pension
laws from the act of 1818 to the act of 1831 untill I
examined and took copies of them
the other day at the pension office in Providence.
I have procured testimony from several old men in this
State where my Father was born on the 13th of Decr. 1759.
who were with him and acquainted with him and his indigent
circumstances in the army of the revolution and down to the
present time. I have submitted the facts so far as I have
officially obtained them to the Hon. Messrs. Robbins & Knight
two Senators from this State, and they are so far satisfied
that my views and my object, in behalf of my Father is
just and right that they will aid in giving the case a fair
investigation at the coming session of Congress
It is my duty to convince gentlemen of the Senate that the
claim is just, agreeable to the meaning and merits of the
Pension laws before I would have a right to expect their
vote in favour of the passage of the bill.
over
Page 119

I shall now follow the advice of Mr. Robbins & Mr. Knight
and have my Father sign a new memorial and correct
the errors in the one which has been presented, and to which
append all the testimony which I have, and shall further
obtain on my arrival in a few days, at Leonardsville
Madison County New York where my Father now resides; 
and to make the whole testimony complete, to be appended
to the memorial, Mr. Robbins & Mr. Knight both deem
it important that I should obtain from you a certified copy
from the roll of enlistment, in the Regiment commanded
by Col. Olney, and the Company in which my Father was
stationed, commanded by Capt. Macomber, and also a certified
copy of his discharge at Saratoga in Decr. 1782, to be
appended also to the memorial with the other testimony. 
This course will bring the merits of the case fairly to view for
the inspection of the committees and members of both Houses
of Congress and if it should then be deemed that my Father
is not entitled honestly to his back pension pay, which I have
undertook to investigate in his behalf. I shall then have discharged 
my duty under the feelings that he ought not to recover his
back pay unless he is justly and equitably entitled to it.
On receipt of this letter please to transmit certified copies
of the date and term of enlistment, and of the discharge above
solicited to my Father, at Leonardsville, as I shall want them
on my arrival there for the purpose above mentioned.
Most respectfully
Your obt. servt.
W. B. Davis
Hon. J. L. Edwards
Com of Pensions
City Washington