Revolutionary War Pension and Bounty Land Warrant Application File R. 10467, John Davis, N.C.
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Service NC
Davis, John
Terry, Nancy    Former widow
R 10467
Died 1794 - mid. mar.  Nancy Fitzgerald. 3rd husband was James M.Terry
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V. 4463
Nancy Terry
[illegible] of John Davis
[illegible] July 4 1836
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Virginia 
At a Court held for Norfolk County the 15th day of April 1839 The Declaration of Nancy Perry aged Seventy five years taken in open Court in order to obtain the benefit of the provision made by the act of Congress passed July 4, 1836 and the act explanatory of the said act passed March 3rd 1837 filed, and is in these words following towit: On this fifteenth ┃ day of April in the year One thousand eight hundred 1
and thirty nine personally appeared in open Court Nancy Tory a resident of the town of Portsmouth in ┃ the County of Norfolk and State of Virginia aged Seventy five years who being first sworn according to law doth on her oath make the following declara tion, in order to obtain the benefit of the provision made by the act of Congress passed July 4th 1836 and the act explanatory of the said act passed March 3rd 1837. That she was married to John Davis who was a private that he inlisted for and during the War, and she verily believes, enlisted in the month 
┃ of June 1779 and in the State of North Carolina that he resided in the County of Accomac in the State of Virginia and went in the year 1779 with his mother to visit a sister residing in the State of North Carolina, and while on a visit enlisted in ┃ the American Army, and the Officer Commanding the Company in which he served was Capt. Ballard that the said John Davis was born in the County of Accoma in the State of Virginia; she further declares that she was married to the said John Davis on the fifteenth day of May One thousand seven hundred and eighty one, that her husband the aforesaid John Davis died on the fifth day of March One thousand seven hundred and ninety four, the
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that she was afterwards married to Henry Fitzgerald who died on the eleventh day of July One thousand eight hundred and fourteen; that she was afterwards married to James Terry who died on the seventh day of August One thousand eight hundred and thirty two, that the only documentary evidence she has of the service of the said John Davis her husband is a certificate of W. Hill Secretary of the State of North Carolina; and that she was a widow on the 4th July 1836, and still remains a widow, a will more fully appear by reference to the proof hereto annexed. Sworn to and subscribed her on the day and year above Nancy Terry written before the Court of Mark Norfolk County At a Court held for Norfolk County the 19th day of March 1839
The Deposition of Celia Stewart being first duly sworn on the Holy Evant as inquest of Almighty God, deposeth and saith in open Court. That she knew John Davis and Nancy his wife many years ago, that they were living as man and wife, and so reputed and acknowledged to be such by all who knew them, that after his death she married Henry Fitzgerald who died and after his death she married James M Ferry who died in 1832 and that the said Nancy Terry is now a widow and living The Deposition of Mary Seaward being first duly sworn on the Holy Evangelist of Almighty God deposeth and saith in open Court. That in the year 1791 she was acquainted with John Davis and Mary His wife, that they live and were reputed and acknowledged as man and wife by all
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who knew them, that he died a few years after, and some years after the death of the said John Davis her Husband, she married Henry Fitzgerald, who died some years after the marriage, and the said Nancey his widow, married James M Terry that the said Jerry died in 1832 and the said Nancy who is his widow, and who was the widow of the said John Davis is now living and is a widow I William H Wilson Clerk of the County Court of Norfolk in the State of Virginia hereby certify that the foregoing is a true copy from the records of said Court. In testimony thereof I have hereto set my hand and affixed the Seal of the said Court this the Seventeenth day of April in the year of our Lord One thousand eight hundred and thirty nine and in the sixty third of our Independence Wm H Wilson
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Virginia at a Court held for Norfolk County the 20 day of September 1839 The Court doth certify that the following is an extract of the Register of the marriage of John Davis with Nancy Turner and that it is a true copy from the family Register as exhibited to the Court with the exception which is expressed in the family Register in fair legible figures as follows: John Davis was married to Nancy Turned the 15 of May 1781 John Davis was married to Nancy Turnell the fifteenth day of May in the year one thousand seven hundred and eighty one, and the Court certifies that the above is a true intract from the family record, with the exception above named. I Arthur Emmerson Clerk of the County Court of North County in the State of Virginia hereby certify that the foregoing is a true copy from the records of the said Court In testimony thereof I have hereunto set my hand and affixed the seal of the said Court this twenty first day of September in the year of our Lord One thousand eight hundred and thirty nine and of our ┃ Independence the sixty fourth.
 Arthur Emmerson
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State of Virginia Accomack County to wit he known that before me David Watts a Justice of the peace in & for the County ss Personally appeared James D. Farr of [illegible] County aged sixty six years, & made oath in due form of Law, & said that he was well acquainted with John Davis the first husband of Nancy Terrell, that this said John Davis was a residenter of Chincoteague Island in the County of Accomack, that I John Davis with his mother, removed to North Carolina, this was in the time of the revolution bear, & as this deponant understood, he the said John Davis Inlisted in the army as a revolutionary soldier this deponant says that after about two years sd John Davis return , to Chincoteague Island & soon after intermarried with Miss Nancy Terry, this deponant says that in or about two months after this marriage there came a letter directed to Edmund Watson militia Capt residing in Chenhagen this deponant understood that the letter was to receive John Davis to return to the army, & that I ately Capt Edmund Wilson with Isaac Lewis, Joshua Wheaton, & William Ten took [illegible] John Davis & with him went over to Franktown & from thence to Williamsburg, & there they left him, that soon after the war was over, the S. John Davis returned to Chincoteague Island Sworn to & subscribed this 6th day of Signed August 1839- Before David Watts J. P. James D Tarr State of Virginia, Accomack County towit I David Watts a Justice of the peace in & for the County by aforesaid do hereby certify that James D. Terry, who has sign and the foregoing affidavit is a man of respectability and his testamony intitled to full credit. Given under my Hand & Seal this 6th day of August in the year 1839 of David Watts State of Virginia, Accomack County I Thomas R Jones Clerk of Accomack County Court in the State of Virginia do hereby certify that Dand Walls where name is subscribed to the foregoing certificate , is a Justices of the Peace for said County duly qualified. In testimony whereof I have hereunto set my hand and affixed the Seal of said Court the 7th day of August 1839 and he the 64 year of the commanded Tho R Jones
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1886 Jany 27 Stephen Terry with history Prist) P. O. to cut March 3, 1879. 
Service: Enlisted: 11 ┃ Nancy Terry 
John ) son 
Discharged:
 Application filed: 
Alleges: 
Re-enlisted: 
Attorney: 
P. O. Recognized. - Cert. of Dis.
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wife 4463 
Nancy Terry 
form widow of John Davis 
Act 1836 -- Let to Jas Murdaugh 
192 18 to Aug. 27 1839 
same Sept 22.39 
copies of paper sent to same Oct 15 1839- do to Honachand Mar 15, 1840.
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Dear Sir 
Virginia Portsmouth 
Augt 9th 1839 
I inclose to you the affidavit of James D. Tarr, which shows conclusively the services of John Davis during the war of the Revolution, and this affidavit sustains fully the declaration of the applicant Nancy Terry, which states that the said John Davis and his mother went to North Carolina to visit a relation, and the affidavit states they removed to N. Carolina and that he understood he enlisted in the Army, that about two years afterwards the said Davis returned, and in a short time afterwards married the present applicant, that about two months after the marriage the said Davis was recalled to the army. The circumstance of his enlisting in 1777, as stated in the declaration, is constituted by the fact, that about two years afterwards, which would bring the period to 1781 in which year the marriage took place, as far depention discloses, which also shows another fact, that after he had been left with the army, he did not return until the close of the war, which must be conclusive, that he is the said John Davis mentioned in Sec. Hill's certificate, as having served during the war. I submit the inclosed affidavit to the serious consideration of the Commissioner of Pension, believing it will be fully sufficient, to remove any doubts he may have hitherto entertained of the justice of the claim of his aged and poor woman 
Very Respectfully 
your Obt Sevt 
James Murdaugh
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Portsmouth Va. 
Sept 24th 1839 
Dear Sir your letter of the 27th Ult. was duly received, the include certificate of the Court of Norfolk County, will prove the date of the marriage of John Davis.  You state in your letter that it appears by the certificate of the Secretary of State of N. Carolina, that the John Davis whose name is found upon the Army Rolls, received 40 Acres of Bounty land in 1784. If the husband of Mrs Terry received this bounty, it can be receptible of proof, and will satisfactorily establish his identity" How it can be receptible of further proof, I cannot perceive, I had supposed the declaration of Mrs Terry accompanied by the affidavit of a witness forwarded, would satisfy you and remove any doubts as to the identity of John Davis. It is probable in the hurry of business you did not pense very attentively the affidavit, for so far as recollect its contents, there can be no doubt upon this point May ask the favour of you to refer to it, and I am satisfied all your doubts as to identity will be removed. In haste N.B. Wm H. Wilson the former 
Yours Respectfully 
Clerk of this County, has been James Murdaugh appointed Carlin of the Branch Bank of Va at this place, and Arthur Emmerson on Monday last, was appointed to fill the vacancy, caused by the resignation of Mr Wilson as Clerk, which will account to , for the change of signatures in the certificate forwarded than then formerly 
set
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446 1836 
April 20 
Nancy Terry 
former of John Davis 
Washington City  
Commissioner of Pensions
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Portsmouth Virginia 
April 18th 1839  
Dear Sir 
I have herein inclosed to you, the Declaration of Mrs Nancy Terry late the widow of John Davis who was a private during the Revolutionary war under the execting Pension Laws there can be no doubt, that Mr Terry is entitled. Be pleased to take into consideration this and at an early day and inclose the pension certificate to me, of the claim shall be allowed. which I do not question 
Yours Respectfully 
James Murdan
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Know all men by these presents, that I Nancy Terry of the town of Portsmouth, in the County of Norfolk, in the State of Virginia, for divers good causes and considerations me hereunto moving, have made ordained, constituted and appointed, and by these presents do make ordain, constitute and appoint James Murdaugh of the town county & State aforesaid, my true and lawful attorney for me and in my name, to ask and receive from the Secretary at War or such other officer as is appointed for that purpose, seek men or sum of money as is or are due and owing unto me, for the pension many me from the government of the United States of America, for the services of my late husband John Davis in the war of the Revolution, in virtue of the laws in such can made and provided with power to my said Attorney to do all lawful acts requisite for effecting the premises, hereby ratifying and confirming all and whatsoever my said Attorney shall do therein by virtue hereof. In witness whereof I have hereunto set my hand and real this 18th day of April 1839 
Sealed & delivered in presence ⎬ 
mark State of Virginia ℗ Norfolk County 
[Nancy Terry signed by an “X”]

State of Virginia 
Norfolk County. to wit 
Personally appeared before the subscribed ┃ a justice of the peace in and for the County aforesaid, Nancy Terry who signed the above power of Attorney in my presence and acknowledged the same to be her act and deed. Given under my hand and seal this 18th day of April 1839 

John Nash JP
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W. Hill Sec of State 
of N. Carolina 
certificate

[Turned the opposite direction as if on an envelope]
Mardaugh
Portsmouth
Virginia
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Mr James Mardaugh
Portsmouth
Virginia
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Raleigh 25th Sept 1838 
Dear Sir 
Your letter of the 22nd was read this morning, and on the other half of this that and you such a certificate in the case of ┃ John Davis as the documents in my office enable me to give. I cannot say when he left the service as the rolls are silent as to that 
By law I am entitled to some compensation for such services, and for this it amounts to about 50 cents. 
Very respectfully Yours 
W Will 
P.S It is not necessary to have the seal of the State ┃ to my certificate sent to the Pension of War ┃ Office, as my signature is well known there ┃ WH
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State of North Carolina 
Secretary of State's Office 
I William Hill Secretary of State 
In and for the State aforesaid, do hereby certify that it appears from the musterrolls of the continental line of this State in the revolutionary war that John Davis a private Soldier in Capt Ballards [illegible] of the 10th Regiment enlisted on the 10 day of June 1779 for the war, and nothing more is said of him on said rolls, from the Military Warrant book, it appears a Warrant for bounty land was issued to John Davis a private, for 640 acres of land No 478, dated 1st March 1784, being for the full quantity allowed a Soldier for the war - 
Given under my hand this 25th day of September 1838
WH
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Portsmouth Va Oct 10th 1839

Dear Sir 
your favour of the 23rd of September, communicated to me the fact, that your mind is not satisfied as to the justice of the claim of Mrs Nancy Terry and that the evidence is not the best that is or may be attained. You state that "John Davis who received and if dead, either alienated it by deed, in his life time, or it passed, at his death, to his heirs or legatees, subject to the widows dower there must be matters of records 11 ┃ Suffer I were to furnish you with the deed whereby John Davis alienated this land without his wife's uniting with him in the deed which he had a right to do this would be no evidence that he was the John Davis who was the husband of the applicant. But I know of the existence of no such deed, the warrant which he obtained, he might never have located, and he might have assigned the same, without a famal deed, which I am inclined to believe was a small practice at that period. I am disposed as it is my duty to furnish you with all the evidence in my power, and I have done so I am son the certificate of the Court, relative to the marriage read & should not have been satisfactory. Upon this branch of the subject, permit me to remark, the regulation of the Department over which you preside, is one in conflict as I believe, with the laws of every State in the Union, as to the evidence necessary to establish a marriage. I understand that the virtuous act of matrimony may in all cases be owed by habitation, name and reputation, except in prosecutions for ligancy and Crim Con. and the reason why the actual marriage should be proved in these excepted case, is, that a crime shall be fixed upon you, but by the highest evidence. You state, that the original family Register should
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be forwarded to the end is in a family bible, and is rather too large to commit to the mail beg to be forwarded, and I presume when it should arrive at your office, it would be deponted among the papers in the case and not returned to the old lady who is a member of the Methodist Church, and who would not part with the family record, for the party she would receive from the Government, though advanced in age and reduced to poverty. I have no fault to find with you, as to the decision of this claim. I have no doubt you have decided as you thought right. I believe the decision to be wrong. Therefore I will ask the favour of to furnish me at same in moment, with a copy of the papers that the claim may be presented to the Congress of the U. States, for its decision, and hope sir, you will be displand in pursuing the cause here indicated 
Yours Respectfully 
James Murdaugh
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Patron’s Regt 
Davis John --- B.L.W.534 - 50 - Surge Issued July 23, 1791 also recorded as above under B. L. Wt. 2589 
No papers
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THE NATIONAL ARCHIVES Form VAM-51 12 - 5 - 41 ┃ Davis, John WARRANT NUMBER 9305 BOUNTY LAND WARRANT RECORD CARD* Division of Veterans' Administration Archives ACREAGE Correl Moylan's Pennsylvania ┃ August 26, 179- (torn) to James Gray, assignee The information concerning the issuance of warrants carded on this form is found in volumes 2 to 4 of ""Land Warrants Issued Prior to 1800"" which are registers of bounty land warrants isued to non-commissioned officers and privates under congression resolutions of September 16, 1776, and subsequent dates. Other records relative to the applications for warrants appear to have been destroyed in the War Department fire of November 9, 1800. Information concernin warrants surredered to the Federal Goverent is to be found in General Land Office records in The National Archives
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THE NATIONAL ARCHIVES Form VAM-51 12 - 5 - 41 Davis John MEN 9311 BOUNTY LAND WARRANT RECORD CARD* Private, in Proctor's artillery, Pennsylvania Division of Veterans' Administration Archives ISSUED June 29, 1789 to M. McConnell, assignee also, B.L. Wt. 26.60-55 The information concerning the issuance of warrants carded on this form is found in volumes 2 to 4 of ""Land Warrants Issued Prior to 1800"" which are registers of bounty land warrants issued to non-commissioned officers and privates under congressional resolutions of September 16, 1776, and subsequent dates. Other records relative to the applications for warrants appear to have been destroyed in the War Department fire of November 9, 1800. Information concerning warrants surrendered to the Federal Government is to be found in General Land Office records in The National Archives