Revolutionary War Pension and Bounty Land Warrant Application File S.16,361, John Davis, Penn.
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(3-1776)

SERVICE
Penn.

Davis, John

NUMBER
S. 16.361

carded
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CONTENTS
[rest of card blank]
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[left-hand side of page]

No 79
Kentucky
---------
John Davis 
of Spencer Co. in the State of Ky
who was a private in the company commanded
b Captain Clugguss of the Regt commanded
by Col Thompson in the Penna Militia
for 16 mo. June 1775
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Inscribed on the roll of Kentucky
at the rate of 53 dollars 33 cents per annum
to commence on the 4th day of March 1831.
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Certificate of Pension issued the 2 day of March 1833 and sent Hon. C. A. Metcliff.
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Arrears to 4th of Sept 1832 79.99
Semi-anl allowance ending 4 March 1833 26.66
$106.65 [double underlined]

{Revolutionary Claim,}
{Act June 7, 1832.      }

Recorded by Henry H Sylvester, Clerk
Book D Vol 9 Page 36

[right-hand side of page]
Death not shown on A. B.
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John Davis
21675

1-2-7 not ansd [answered]

This is in the handwriting of M E Huston, the clerks certificate is genuine and the Department is assured that this application is fair

July 24 1833

C A Wickliffe
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State of Kentucky}
Spencer County   }  ss

On this tenth day of September in the year of our lord one thousand eight hundred and thirty did personally appear before John Huston, Thos Nurmand, Stilwell Heady, Thos Barker, George Collins, Lipis [illegible], Humphrey May [illegible] Brown, William Burnett and Zachariah Terrele Justices of the Peace who compose the County Court of Spencer County now sitting, John Davis a resident of Spencer County and State of Kentucky, aged seventy nine years, who being first duly sworn according to law doth on his oath make the following declaration in order to obtain the benefit of the provision made by the Act of Congress passed June the 7th 1832.  The said John Davis states that he enlisted in the army of the United States in the year 1775. between the 15th and 20th of July with Capt Robert  Clugguss and served in Colonel Thompsons Battalion of ^ the Pennsylvania line under the following named officers. He states the field and company under whom he served are as follows.
Field officer, Col Thompson and Lieutenant Geo Hand.  The company officers were
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Captain Clugguss, Lieutenant John Hollody 2nd Lieutenant Daniel Still.  He states that he left the service the 20th of July 1776.  He states that when he entered the service, he lived in Cumberland County in the State of Pennsylvania.  He states that he was in no battles or actual engagements during the officers term of service.

He states that he commenced marchs [sic] from Carlisle in the State of Pennsylvania, that he marched to Bethlehem where he received his arms from there he marched through the most heart of new jersey, thence to the State of New York crossing north river at Albany; thence through the State of Massachusetts, thence to Cambridge where he joined the main army under the command of Genl Washington and from there to prospect hill (which he believes is now called Winter Hill) where he remained during the winter season; from there through Massachusetts and from there back to New York & from there to Long Island where  he was commanded by Lord Sterling at which place he was dismissed and rec'd his discharge which he states he has lost many years since.

The said John Davis states that he entered the service of the united ^ States as a volunteer in 
December 1776.
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and mustered into service on the 26th of said month under the command of Capt James Adams Lieutenant Thos Thompson He was at that time was a resident of Cumberland County Pennsylvania during the tour he was in no battle or actual engagement but some few skirmishes, he marched from Carlisle to Lancaster from there to Philadelphia from there to Trenton, thence to Princeton where he joined General Butlers Brigade, and where he remained during the winter, thence to Philadelphia where he was discharged which discharge he has also lost.  He states he left the service sometime in March 1777.

He states that he entered the service again in the latter part of August 1777 under the command of Capt James Fisher the name of the Lieutenant not recollected.  He was a resident of the same County and State as above stated he returned as a volunteer for two months.  The [illegible] [first?] officers names were Col Dunlap Major Foster.

He states that he marched from Carlisle to Lancaster, thence to lead from Chadford [sic] then Brandywine where he joined the main army on
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the 10th day of September 1777-thence to Germantown thence to Gen. Washington headquarters which was called the Trap [?] at which place he was discharged and which discharge he has lost.

He states that he was in the Battle of the Brandywine and in the Battle of Germantown

He states that he has no documentary evidence and that he knows of no person whose evidence he can procure, who can testify to his services

He hereby relinquishes every claim whatever to a pension or annuity except the present and declares that his name is not on the pension roll of the Agency of any State.

Sworn to and subscribed the day & year aforesaid.

John Davis [signature[ [Seal]

State of Kentucky }
Spencer County   } ss

We William Stout ^ and Phillip Taylor Clergymen residing in the County of Spencer [crossed out words] do hereby certify that they are well acquainted with John Davis who has subscribed and sworn to the above declaration; that they know him to be seventy nine years of age, that
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he is reputed and believed in the neighbourhood [sic] where he resides to have been a soldier of the revolution and that they concur in their opinions.

Sworn and subscribed the day
and year aforesaid.
Philip W. Taylor [signature] [seal]
Wm. Stout [signature] [seal]

And the said Court do hereby declare their opinion after the investigation of the matter and after putting the interrogatories prescribed by the war department that the above name applicant was a Revolutionary soldier and served as he states and the court further certifies that it appears to them that William Stout and Philip W. Taylor who have signed the preceding certificate are clergymen residents in the County of Spencer and that their statement is entitled to credit.

I, Raphael Lancaster Clerk of the County Court of the county of Spencer in the State of Kentucky do hereby certify that the foregoing contained the original proceedings of the said court in the matter of the application of John Davis for a pension.

In Testimony whereof I have hereunto
set my hand and affixed the seal of the
County Court office this 10th day of September, 1832 in the 41st year of the Commonwealth.

Ralphl Lancaster, Clk
Spencer cty K
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16.361
INVALID
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[initialed]

File No. 16.361
John Davis
Pri Rev War
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Act:  JKune 7" 32

Index :-- Vol. A , Page 428

[Arrangement of 1870]
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21.675 [top of page torn off]
John Davis

[numbers at bottom of page] [upside down]

12
2
2
[underlined]
16
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BRIEF objections to the admission of Pension Claims, of which those answered in the negative, in red ink, will apply to the claim of John Davis which require further proof or explanation.

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

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

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

IV.  Has the declarant mentioned the period or periods of the war when he served?   Yes

V.  *Has he mentioned with precision the length of his service, and the different grades in which he served, in language so definite as to enable the department to determine to what amount of pension he is entitled?  No

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

VII. Has he made a relinquishment of every claim to any other pension than the one under Act of June 7, 1832?   Yes

VIII.  Has the Court given their opinion?   Yes

IX.  Has the Clerk given his certificate?  Yes

X.  Is the Clerk's seal affixed?  And if so, has it a device or inscription by which it can be distinguished from any other seal?  Yes
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2

XI.  Has the applicant obtained the evidence of a clergyman and another respectable citizen as to their belief respecting his age and the general belief in his neighborhood relative to his revolutionary service?   Yes

XII.  If the clergyman's affidavit has not been produced, is there any reason assigned for not obtaining it?  ---------

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

XIV. +If the applicant's name is not found on the rolls of military service, has he produced a witness or witnesses as to his service?  No
If he has produced direct proof as to service, has the magistrate who administered the oath, certified to the credibility of the witness or witnesses?  -------
Has the proper officer certified to the official character and signature of the magistrate as the regulations direct? ----------

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

XVI. +Are the papers authenticated as the regulations direct?  No

XVII.  Are the seven interrogatories prescribed by the War Department answered satisfactorily?  And, if not, which of them is not so answered?  1. 2.  7.
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EXPLANATORY NOTES.
*QUERE V.  In a case where the applicant cannot, by reason of the loss of memory, state precisely how long he served, he should amend his declaration by making an affidavit in the following words:
"Personally appeared before me, the undersigned, a Justice of the Peace, &c. A. B. who, being duly sworn, deposeth and saith, that, by reason of old age, and the consequent loss of memory, he cannot swear positively as to the precise length of his service, but according to the best of his recollection he served not less than the periods mentioned below, and in the following grade;  For _____ year ____ months, and ______ days, I served as a _____ For ______months and ____ days, I served as a _____; and for such service I claim a Pension.
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3

It is important in all cases to determine with precision the period for which each applicant served and the particular rank he held, as the law directs the pension to be paid according to the grade of the pensioner and the length of his service.  The use of the phrase about three or four months is too indefinite, and all such qualifying expressions are objectionable.  Some persons who apply for pensions merely state they served two years in the militia &c. without specifying the tours; the names of the officers, and other particulars respecting their service.  
This form of a declaration is highly objectionable.  It must in every case be clearly shewn [sic] under what officers the applicant served; the duration of each term of engagement; the particular place or places where the service was performed; that the applicant served with an embodied corps called into service by competent authority; that he was either in the field or in garrison; and for the time during which the service was performed, he was not employed in any civil pursuit.

+QUERE XIV. Proof of Service.
In a case where the name of the applicant is not found on the records of the Department, he must prove his service by two credible witnesses, who are required to set forth in their affidavits the time of the claimants entering the service, and the time and manner of his leaving the same, as well as the regiment, company, and line to which he belonged  The magistrate who may administer the oaths must certify to the credibility of the witnesses, and the official character and signature of the magistrate must be certified by the proper officer, under his seal of office.

++QUERE XVI.  Mode of authenticating papers.
In every instance where the certificate of the certifying officer who authenticates the papers is not written on the same sheet of paper which contains the affidavit, or other paper authenticated, the certificate must be attached thereto by a piece of tape or narrow ribbon, the ends of which must pass under the seal of office of the certifying officer, so as to prevent any paper form being improperly attached to the certificate.
[hand arrow pointing to the right] In every case where the clerk of the court or other certifying officer, has no public seal of office, the certificate of a member of congress, proving the official character and signature of the certifying officer, should accompany the papers.