Revolutionary War Pension and Bounty Land Warrant Application File S. 10,535, Peter Davis, New York
Page 1

(3 - 1776)
SERVICE
New York
Davis, Peter
NUMBER
S.10535
carded
CONTENTS
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24.003
New=York
===========
Peter Davis of Washington in the State of N. York who was a private in the Comp commanded by Captain Clark of the Regt. commanded Col. Sutterton in the New York 12 months
================
Inscribed on the Roll of New York
the rate of 40 Dollars -- Cents per annum to  commence on the 4th day of March, 1831.
=================
Certificate of Pension issued the 25 day of Oct. 1833 and Sent to O. Allen
Albany
===================
Arrears to the 4th Sep 33 $100
Semi-anl. allowance ending 4 M '34
20
======
$120
======
Revolutionary Claim,
Act June 7, 1832.
Recorded by Go. C. Stiles Clerk
Book E Vol. 4 Page 90
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State of New York
Washington County ⎬

Nineteenth day of March A.D. 1833 personally appeared before me Benjamin F. Skinner, one of the Judges of the Court of common pleas in said County of Washington it being a court of record. Peter Davis a resident of the town of Easton in said County aged Seventy one years [illegible, either four or five] months who being first duly sworn according to Law doth on his oath make the following declaration in order to obtain the benefit of the act of Congress passed June 7th 1832.
That he entered the service of the United States under the following named officers and served as herein stated. That in may 1775 he enlisted at the town of Beekmantown in the County of Dutchess in said State of New York into a company commanded by Capt James Rosegrants for nine months. The Regiment to which he was attached was commanded by Gen. Geo. Clinton -- marched to Fort Montgomery near the highlands in Dutchess-- helped build said Fort, and staid there until the expiration of said nine months when he was discharged and went home-- He again enlisted at Beekmantown in said County of Dutchess in the fall of the year 1776 under Capt William Clark as a minuteman for the term of Three months and sailed down the Hudson River to New York, was under command of Colonel Henry Sutterton when enlisted, and under command of Gen Washington. While staying near New York (at which place Washington commanded) they there, on the upper part of the Island tore down an old Fort and built a new one thinks it was called Fort Washington This deponent further says that he continued there until the said three months the period of Enlistment expired, when he was discharged and returned home again. This deponent says that he served in the revolutionary war as above stated amounting to One year--- Says that he was born in Dec. 1761 at Beekmantown in the County of Dutchess State of New York resided there till about forty seven years ago, then moved to a place called Newtown in Saratoga County, stayed there five years, and for the last forty two or three years has resided where he now does in Easton in said County of Washington
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has no record of his age has received no discharge in writing at any time
was in no battles, was residing at the places and called into the service in manner stated in the body of this declaration-- 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 this or any other State. This deponent further saith that he he never received any commission - that Ezekiel Innman and Anson Biegelow and others as well as those whose certificates follow can testify as to my character and their belief of my services as a  Soldier
[signed] Peter Davis
Subscribed and sworn this 19th day 
of April 1833 before me
 
B. F. Skinner Judge of Wash Com Pleas

I the aforesaid Judge do hereby certify that it satisfactorily appears to that the aforesaid Peter Davis is unable to attend and make his
declaration in open Court in consequence of bodily infirmity
B. F. Skinner Judge

We Otis Allen Jacob Fonda Pastor of the Dutch Reformed Church Union Village and Hiram Corliss Physician of said Union Village, (said Village lying partly in the town of Easton and partly in the town of Greenwich in said County) do hereby certify that we are acquainted with Peter Davis who is described in the forgoing declaration that we believe him to be seventy one years of age, that he is reputed and believed in the neighborhood where he resides to have been a soldier of the revolution and we are in this opinion subscribed and sworn before me this  11th day of March 1833- 
[signed] Hiram Corliss
Otis Allen
J.D. Fonda
Joseph Boies Justice of the peace
Jacob D Fonda sworn this 17th day of April 1833 [signed] Jos Boies Justice of the Peace

And I the said Judge do hereby declare my opinion, after the investigation of the matter that the above named applicant Peter Davis was a revolutionary soldier and served as he states and certify that it appears  to me from personal acquaintance, that Hiram Corliss and Otis Allen who signed the preceding certificate are residents of Union Village and are credible witnesses, and that their statement is entitled
to credit, and that Jacob D. Ford is a clergyman

[signed] B. F. Skinner, Judge of Wash County
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State of New York Washington County ss
I, Jesse S. Leigh, Clerk of the Court of Common Pleas of said County do certify the forgoing contains the original proceedings of the said Judge in the matter of the application of Peter Davis for a pension 
[signed] J. S. Leigh Clk 

State of New York 
Washington County } S.S. 
I Jesse S. Leigh Clerk of the Court of Common Pleas of said County do certify that Benjamin F. Skinner before whom the preceding declaration of Peter Davis and the annexed or following affidavit of John Baker purport to have been subscribed taken & sworn was a Judge of said Court at that time and I further certify that Joseph Boies before whom the foregoing affidavit of J. D. Fonda Hiram Corliss Otis Allen purport to have been taken subscribed & sworn, was, at the two several times mentioned in the Jurat of said affidavit, one of the Justices of the Peace of said County - that I am acquainted with the hand writing of the said Benjamin F. Skinner & of said Joseph Boies, respectively & believe the signatures of the said Judge to the said declaration & affidavit & preceding certificates, and of said Justice to the affidavit of Hiram Corliss J. D. Fonda & Otis Allen to be genuine – In witness whereof I have hereunto set my hand and seal of said Court this 29th day of April 1833 
[signed] J. S. Leigh Clk 

State of New York 
Washington County } ss  On this 19th day of April 1833 personally appeared before me, John Baker of the town of Easton in said County who being first duly sworn according to Law says that he is acquainted with Peter Davis and believe him to be seventy one years of age that he knew the said Peter Davis when a soldier in the revolution in Capt James Rosegrants company That said Davis and this deponent enlisted in May of the same year in this company for the period of nine month in Dutchess County in said State, and that they performed this nine months service together - that he this deponent well knows that the said Peter Davis served out that period of time, nine months, as a soldier in said company under command of Gen. Clinton at Fort Montgomery at the highlands in this State. And this deponent further says that afterwards late in the fall of 1776 he knew the said Peter Davis when enlisted as a minute man in a company commanded by Capt William Clark, that this deponent was a soldier in the same company near
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New York City at a place where they tore down an old Fort, and built a new one, thinks it was called Fort Washington, then under command of Col Fullerton when enlisted the last time and under Gen Washington when stationed on the Island near New York City 
[signature of John Baker illegible]
Sworn and Subscribed before me this 19th day of April 1833 
[signed] B. F. Skinner Judge of Wash Com Pleas


I the said Judge hereby certify that it appears to me that the said John Baker who has subscribed the preceding affidavit is a resident of said town of Easton, that he is a credible person & his statement entitled to credit 
[signed] B. F. Skinner Judge of Wash Co 
I Joseph Boies the said Justice before whom the preceding affidavit of Jacob S. Fonda, Hiram Corliss Otis Allen was taken do hereby certify that the said Jacob D Fonda who signed the preceding certificate is & then was a clergyman, resident in said Union Village, & that Otis Allen & Hiram Corliss who also signed the same then resided in Union Village aforesaid - that they are all credible parties & their statements entitled to credit 
[signed] Joseph Boies Justice of the peace
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Peter Davis
Pension Declaration and Papers
Page 8

State of New York
Washington County
The answers of Peter Davis the declarant described in the annexed declaration to the Interrogatories put by Benjamin F. Skinner. The Judge before whom the annexed declaration was sworn.
1st He was born in the Town of Beekman County of Dutchess and State of New York in the year 1762 -
2nd He has no record of his age.
3rd He was living in the Town of Beekman aforesaid when called into the service.
4th He lived a little short of a year in Beekman after the war, then moved to Newtown in Saratoga County State of New York. lived there about five years - from there he moved to the Town of Easton County of Washington & State of New York and has lived
there ever since-
5th He was a volunteer by enlistment
6th He knew General Clinton, Col Lutterton Capt
James Rozengrants, Lieut. Thomas Lee who were with troops when he served
7 He never received a written discharge he was discharged by Parole.
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8th The Persons to whom he is known in his present neighborhood are Hiram Corliss Jacob D. Fonda & Otis Allen, who can testify to his character for veracity and their belief of his services as a soldier of the Revolution.
[Signed] Peter Davis
Sworn the 8th day of July 1833 before me
[Signed] Joseph Boris Justice of the peace

State of New York
Washington County Ss I Jesse S. Leigh Clerk of said County. Do certify that Joseph Boies before whom the preceding affidavit of Peter Davis purports to have been sworn was at the date of the same one of the Justices of the Peace in and for the County of Washington -and that I am acquainted with his hand writing, and verily believe that his name subscribed to said affidavit to be his proper hand writing and signature-
In testimony whereof I have hereunto set my name and affixed the seal of said County the thirteenth day of July in the year of our Lord one thousand eight hundred and Thirty three
[Signed] J. S. Leigh Clk
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No 25061
Peter Davis Washington County
New York
.
Admitted
Private 12 months
Otis Allen Albany N York
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WAR DEPARTMENT, 
Pension Office, 
June 5 1833 
Sir: 
The evidence in support of your claim, under the act of June 7, 1832, has been examined, and the papers are herewith returned. The following is a statement of your case in a tabular form. On comparing these papers with the following rules, and the subjoined notes, you will readily perceive that objections exist, which must be removed, before a pension can be allowed. The notes and the regulations will shew what is necessary to be done. Those points to which your attention is more particularly directed, you will find marked in the margin with a brace, (thus: }). You will, when you return your papers to this Department, send this printed letter with them; and you will, by complying with this request, greatly facilitate the investigation of your claim. 

A statement, shewing the Service of Peter Davis Washington County New York 
[BEGIN TABLE]
Period when the service was rendered  |  Duration of the claimant's service. ┃Years. Months. Days.  |  Rank of the claimant.   |  Names and rank of the Field officers under whom he served.  Genl. Clinton  |  Age at present, and place of abode when he entered the service. ┃ Proof by which the declaration is supported.  |
Enld. May 1775  |  9 Months.  |  private  |  Cap Rozengrants  |  71 years County of Dutchess New York  |  Traditionary evidence & Clergymans certificate certified credible, one Witness-papers correctly attached
Enld. Fall 1776  |  3 Months.  |  Cap Clark, Col Lutterton Genl. Washington  |    |    |  
[END OF TABLE]

I am, respectfully 
Your obedient servant, 
J. L. EDWARDS, 
Commissioner of Pensions.
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2 
REGULATIONS UNDER THE ACT OF JUNE 7, 1832. 
The following regulations have been adopted: 
This law has been construed to extend, as well to the line, as to every branch of the Staff of the Army, and to include under the terms "Continental Line," "State troops," "militia," and "volunteers," all persons enlisted, drafted, or who volunteered and who were bound to military service, but not those who were occasionally employed with the army upon civil contracts, such as Clerks to Commissaries and to Store Keepers, &c. Teamsters, Boatmen, &c. Persons who served on board of Private Armed Vessels are also excluded from the benefits of the law, as well as persons who turned out as patrols, or were engaged in guarding particular places at night, and were not recognized as being in actual military service. 
Four general classes of cases are embraced in this law: 
1. The Regular Troops. 
2. The State Troops, Militia, and Volunteers. 
3. Persons employed in the Naval service. 
4. Indian Spies. 
As rolls of the regular troops in the Revolutionary War exist in this Department, all persons, claiming the benefit of this law as officers, non-commissioned officers, musicians or privates, will in the first instance, make application by transmitting the following declaration, which will be made before a Court of Record of the County where such applicant resides. And every Court having by law a seal and Clerk is considered a Court of Record. 
DECLARATION. 
In order to obtain the benefit of the Act of Congress of the 7th of June, 1832. 
State, Territory or District of County } ss.
On this ___ day of ___ personally appeared (a) before __ A.B. a resident (b) of ___ in the county of ___  and State, territory or District of ___  ages (c) ___ 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 provion made by the act of Congress, passed June 7th, 1832. That he enlisted in the Army of the United States in the year (d) ___  , with ___ and served in the ___ (e) regiment of the ___ line, under the following named officers: 
[Here set forth the names and rank of the Field and Company Officers, the time he left the service; (and if he served under more than one term of enlistment, he must specify the particular period, and rank and names of his officers;) the town or county and State in which he resided when he enered the service; the battles, if any, in which he was engaged, and the country through which marched. [ ]This form is to be varied so as to apply to the cases of officers and persons who belonged to the militia, volunteers, navy, &c.] 
He hereby relinquishes every claim (f) whatever to a pension or an annuity, except the present, and he declares that his name is not on the Pension Roll of any Agency in any State, or (if any) only on that of the Agency in the State of ___
Sworn to and subscribed the day and year aforesaid. ____ A. B. 
[And then will follow the certificate of the Court.]
And the said Court do hereby declare their opinion (g) that the above named applicant was a revolutionary soldier, and served as he states. 
I _____ of the Court of ____ do hereby certify (h) that the foregoing contains the original proceedings of the said Court in the matter of the application of ___for a pension. 
In testimony whereof I have hereunto set my hand and seal of office (i) this ___ day of ___&c. 
If, on examination of the proper record the names of applicants, making such declaration, cannot be found, they will produce such proof as the rule given in note (j) points out. 
Every applicant who claims a pension by virtue of service in the State Troops, Volunteers or Militia, except those who belonged to the New Hampshire Militia and State Troops of Virginia, will make and subscribe a declaration similar to the foregoing, with the following additions, viz:
 (k) We, A. B., a Clergyman, residing in the ___ and C. D. residing in (the same) hereby certify, that we are well acquainted with ___ , who has subscribed and sworn to the above declaration; that we believe him to be ___ years of age; that he is reputed and believed, in the neighborhood where he resides, to have been a soldier of the Revolution, and that we concur in that opinion.
Sworn and subscribed the day and year aforesaid. 
[And then will follow the certificate of the Court.]
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 named applicant was a Revolutionary Soldier, and served as he states. And the Court further certifies, that it appears to them that A. B. ___ who has signed the preceding certificate is a clergyman, resident in the ___ and that C.D., who has also signed the same is a resident in the ___ and is a credible person, and that their statement is entitled to credit. 
I ___Clerk of the Court of ___ do hereby certify that the foregoing contains the original proceedings of the said Court, in the matter of the applicacation of ___ for a pension. 
In testimony whereof, I have hereunto set my hand and seal of office, this ___ day of ___&c. 
Every applicant will produce the best proof in his power. This is the original discharge or commission; but if neither of these can be obtained, the party will so state under oath, and will then procure, if possible, the testimony of at least one credible witness, stating in detail his personal knowledge of the services of the applicant, and such circumstances connected therewith, as may have a tendency to throw light upon the transaction. 
If such surviving witness cannot be found, the applicant will so state in his declaration (l) and he will also, whether he produce such evidence or not, proceed to relate all the material facts, which can be useful in the investigation of his claim, and in the comparison of his narrative with the events of the period of his alleged service, as they are known at the Department. A very full account of the services of each person
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3 
will be indispensable to a favorable action upon his case. The facts stated will afford one of the principal means of corroborating the declaration of the applicant, if true, or of detecting the imposition, if one be attempted; and unless, therefore, these are amply and clearly set forth, no favorable decision can be expected. All applicants will appear before some Court of Record in the County, in which they reside, and there subscribe and be sworn to, one of the declarations above provided, according to the nature of his case. 
The Court will propound the following (m) interrogatories to all applicants for a pension, on account of service in the Militia, State troops, or Volunteers, except the Militia of New Hampshire and the State troops of Virginia. 
1. Where and in what year were you born? 
2. Have you any record of your age, and if so, where is it? 
3. Where were you living when called into service; where have you lived since the Revolutionary war, and where do you now live?
4. How were you called into service; were you drafted, did you volunteer, or were you a substitute? And if a substitute, for whom? 
5. State the names of some of the Regular Officers, who were with the troops, where you served; such Continental and Militia Regiments as you can recollect, and the general circumstances of your services. 
6.  {To a Soldier} Did you ever receive a discharge from the service, and if so, by whom was it given and what has become of it?}
6. {To an Officer.} Did you ever receive a commission, and if so, by whom was it signed, and what has become of it?}
7. State the names of persons to whom you are known in your present neighborhood, and who can testify as to your character for veracity, and their belief of your services as a soldier of the Revolution. 
The Court will see that he answers to these questions are embodied in the declaration, and they are requested to annex their opinions of the truth of the statement of the applicant. 
The applicant will further produce in Court, if the same can be done, in the opinion of the Court, without too much expense and inconvenience to him, two respectable persons -one of whom should be the nearest clergyman, if one lives in the immediate vicinity of such applicant, who can testify, from their acquaintance with him, that they believe he is of the age he represents, and that he is reputed and believed in the neighborhood to have been a Revolutionary soldier, and that they concur in that opinion. If one of these persons is a Clergyman, the Court will so certify, and they will also certify, to the character and standing of other persons, giving such certificates. 
The traditionary evidence of service is deemed very important, in the absence of any direct proof, except the declaration of the party. And the Courts are requested to be very particular in the enquiry whether the belief is general, and whether any doubts have ever existed upon the subject. 
Applicants unable to appear in Court by reason of bodily infirmity, may make the declaration before required, and submit to the examination, before a Judge or Justice of a Court of Record of the proper county, and the Judge or Justice will execute the duties, which the Court is herein requested to perform, and will also certify that the applicant cannot, from bodily infirmity, attend the Court. 
Whenever any official act is required to be done by a Judge or Justice of a Court of Record, or by a Justice of the peace, the certificate of the Secretary of State or Territory, or of the proper Clerk of the Court or County, under his seal of office, will be annexed, stating that such person is a Judge or Justice of a Court of Record, or a Justice of the Peace, and that the signature annexed is his genuine signature. 
No payments can be made on account of the services of any person, who may have died before the taking effect of the act of June 7, 1832; and in case of death subsequent thereto, and before the declaration herein required is made, the parties interested will transmit such evidence as they can procure, taken and authenticated before a Court of Record, showing the services of the deceased, the period of his death, the opinion of the neighborhood respecting such services, the title of the claimant, and the opinion of the Court upon the whole matter. 
[a] The declarant must appear in open Court, unless prevented from doing so by reason of bodily infirmity; in which case the declarant will follow the rule laid down for his guidance.
[b] The declarant must make his declaration in the county where he resides. If he should fail to do so, he must assign a sufficient reason for not conforming to the rule.
[c] The age of the claimant must invariably be mentioned. 
[d] The declarant must in the period or periods of the war when he served. 
[e] Every continental officer or soldier must give the name of the Colonel under whom he served; otherwise a satisfactory examination claim cannot be had. Every claimant must state, with precision, the length of his 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. 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 age, and the consequent loss of memory, he cannot swear positively as to the precise length of his service; but, according to the best of his recollection he served not less than the periods mentioned below, and in the following grades:--For __ year ___ months , and ___ days I served as a ___. For ___ months and ___days, I served as a ___; and for such service I claim a pension." 
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 that 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 declaration is highly objectionable. It must, in every case, be clearly shown 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.
[f] The law makes the relinquishment indispensable. 
[g] The opinion of the Court is always required. 
[h] The Clerk must give his certificate in every case. 
[i] The Clerk must affix his seal, and if it has no device or inscription by which it can be distinguished from any other seal, or if he 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.
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 papers 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 from being improperly attached to the certificate. 
Proof of Service. 
[j] 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 claimant’s 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.
[ ] The notes from [a] to [i] are all equally applicable to the cases of Militia men, Volunteers and State Troops, The proof required by rule in note [j] applies in continental troops only.
[k] This traditionary evidence is indispensable in militia cases.
[l] If a witness cannot be found, the declarant must state the fact.
[m] The answers to the interrogatories must all be written, and sent to the War Department, with the declaration.
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information as contained in his (or his widow's) application for pension on file in this Bureau: Peter Davis Jun. File 10535 

[BEGINNING OF TABLE]
DATES OF ENLISTMENT OR APPOINTMENT.   |  LENGTH OF SERVICE.  |   RANK.   |  OFFICERS UNDER WHOM SERVICE WAS RENDERED. CAPTAIN. || COLONEL.  |  STATE.   |
May 1775  |  9 mos.  |  Pvt.  |  James Rosekranz ||     |  N.Y.  |
Fall of 1776  |  3 mos.  |    |  William Clarke || Henry Luddington  |    |
[END OF TABLE]

[note in margin] Old N.Y. book Page 285

Battles engaged in, 
Residence of soldier at enlistment, Beekman N.Y. 
Date of application for pension, Apr 19 1838 His cl. was al.
Residence at date of application, Easton Washington Co. N.Y. 
Age at date of application, born Dec 1761 or 1762 at Beekmantown, Dutchess Co. N.Y. 
Remarks:
Page 15



10535
INVALID.
RevWar
-----
File No. 10535
Peter Davis
Priv. Rev. war
Act: June 7th 1832.
Index: --Vol. A, Page 91
[Arrangement of 1870]



1910 June 14 Hist. to Mabel J. Wood
V. L. M.
1916 Nov. 11 Hist to Mr. L. K. Devendorf.
Page 16

MABEL J. WOOD 
ATTORNEY AND COUNSELOR AT LAW 
HERKIMER, N.Y. June 3rd, 1910 
Commissioner of Pensions- 
Dear sir:- 
I would like the records as shown in your office of the service in the War of the Revolution of PETER DAVIS, who I understand enlisted from Dutchess County, New York State, served several years, drew a pension; after the Revolution lived in the town of Easton, Washington county, 
Thanking you in advance for any information, I am 
Very truly, 
[signed] Mabel J. Wood

[stamped] JUN 6- 1910
Page 17

Rev Sec
L. K. DEVENDORF 
320 MADISON AVE. 
ALBANY, N. Y. 
Oct. 18, 1916
Dept of the Interior 
Bureau of Pensions 
Washington, D.C. 
Please furnish me with a statement of the Military record of Peter Davis, a soldier of the Revolution, who enlisted from the town of Beekman New York He obtained a pension, probably while living in Easton Wash. Co. N.Y. 
Born about 1762 at Beekman, N.Y. 
Yours truly 
[signed] L.K. Devendorf