Revolutionary War Pension and Bounty Land Warrant Application File S. 21,730, Samuel Davenport, R.I.
Page 1

(3-1776)

SERVICE
RI

Davenport, Samuel

NUMBER
S. 21.730

CONTENTS
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27.035
Rhode Island

Saml. Davenport of Newport in the State of R Island who was a Private in the Company commanded by Captain Pearce of the Reg commanded by [blank] in the R.I line for 2 years

Inscribed on the Roll of R. Island at the rate of 80 Dollars [blank] Cents per annum, to commence on the 4th day of March, 1831.

Certificate of Pension issued the 3d. day of Jany. 1834 and Sent Hon D. J. Pearce House of Reps

Arears to 4th of Sept 1833 $200.00
Semi-anl. allowance ending 4 Mar 34 - 40.00
$240.00

{Revolutionary Claim, Act June 7, 1832.}

Recorded by DD Addison Clerk
Book E Vol. 2d Page 107
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State of Rhode Island &c
County of Newport [flourish bracket] ss.

On this fifth day of August A.D. 1833, personally appeared in open court, before the judges of the Court of probate, now sitting within & for the town of Newport in the County & State aforesaid, Samuel Davenport a resident of said town, aged seventy on 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 act of congress passed June 7, 1832.

In the year 1777, this applicant, then a resident of the town of North Kingstown in said State, and about a dozen others, volunteered to go with Gideon Davenport (the father of this applicant) down to Point Judith, where a British sloop of war called the Syren or Cyrene was ashore - Having mounted on a carriage an old eighteen pounder, which had lain in the road about a mile from the residence of the said Gideon for many years, they carried it, with great difficulty, to point judith, and having placed it on the shore, they soon compelled said ship to surrender - Sometime in the year 1778, the said Gideon, this applicant & several others, assisted to drive off the British gallies, which were attempting to destroy the ship Columbus, then ashore near Boston neck in the State aforesaid.  The gallies were obliged to retire, and a considerable quantity of clothing for the American Army, on board of the Columbus, was saved, and carried to the Home of the said Gideon Davenport in North Kingstown. The Columbus was afterwards burnt by the enemy. In the year 1778, this applicant was enrolled as a Private in Captain Laurence Pearce's company of Militia in the town of North Kingstown - in which place this applicant
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then resided, and as a private in said company, was actually employed for five months in the winter of 1778 & in the spring of 1779, in defending the Narragansett shore in said  town of North Kingstown - In the fall of 1778 or 1779 (this applicant being unable to remember exactly the year) he was drafted for three months to come on to Rhode Island in said Company under the command of said Laurence Pearce, & did come on to Rhode Island, & there did actual duty as a private in said company for five weeks, when he was discharged & returned to North Kingstown. From the summer of 1778 until the fall of 1779 this applicant served on the same duty, on the same company as a substitute for others, whose names, or the names of any one of them, he is unable to call to mind, for seven months.

He never received any written discharge from the service, never served with any continental or state troops, never was acquainted with any continental officer, has no documentary evidence of his services in the war of the Revolution, which he can procure, and knows no person living, whose testimony he can obtain in relation to his service as aforesaid, except Langworthy Pearce (whose deposition is hereto annexed:) but he refers tot he Reverend Michael Eddy & the Hon. Dutee J. Pearce, his fellow townsmen, for their belief of his having served in the Revolutionary War - he was born in Newport aforesaid on the Fourth day of June 1762, but has no record of his age - resided in Newport until 1776, then removed to North Kingstown in said State, where he continued to reside until 1782. In 1782 he returned to Newport, remained there
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until 1784, then went to Charleston in South Carolina, where he worked at his trade as a blacksmith for fourteen years, at the end of which period he returned to Newport, where he has ever since resided. He further declares that in consequence of bodily infirmity, (having been unable to walk for more than [illegible] years) and the partial loss of memory, he is unable to state facts more particularly than he has done: but he actually served according to the best of his recollection as a private in said company of militia on the Narragansett-shore, & on Rhode Island during the years 1778 & 1779 for thirteen months: & for such service he claims a pension - He hereby relinquishes every claim whatever to a pension, except the present, & declares that his mane is not on the pension roll of the agency of any state.

Sworn to & subscribed the day & year first aforesaid
Benj B Howland Probt. Clk

Samuel Davenport
x his mark

We Michael Eddy, pastor of the First Baptist Church in the town of Newport, and Dutee J. Pearce, both residing in said Newport, hereby certify that we are well acquainted with Samuel Davenport, who has subscribed & sworn to the above declaration : that we believe him to be seventy-one years of age : & that he is reputed & believed in the neighborhood where he resides to have been a soldier of the Revolution : & that we concur in that opinion.

Sworn to & subscribed the day & year first aforesaid
Benj B Howland Probt. Clk

Michael Eddy
Dutee J. Pearce
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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 Michael Eddy who has signed the preceeding certificate is a clergyman resident in the town of Newport, and that Dutee J Pearce who has also signed the same is a resident in the Said town of Newport and is a credible person, and that their statement is entitled to credit.

I, Benjamin B Howland Clerk of the Court of Probate of the Town of Newport, Rhode Island, do hereby Certify that the foregoing contains the original proceedings of the said Court in the Matter of the application of Samuel Davenport for a Pension.

In Testimony whereof I have hereunto set my hand and seal of Office this fifth day of August - AD one thousand Eight hundred & thirty three.

Benj B Howland Probt. Clk

[vertical handwriting in right-hand margin]
26972 / Davenport
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26972
Samuel Davenport

Private 2 years
admd

Hon D J Pearce
HR
["Samuel Whitshoon" crossed out]
Newport
RI
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WAR DEPARTMENT,
Pension Office,
Nov 9 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 compling with this request, greatly facilitate the investigation of your claim.

A Statement, showing the Service of Samuel Davenport

[column headings] 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. Age at present and place of abode when he entered the service. Proof by which the declaration  is supported.
[Row 1] 1777. not stated. not stated
[Row 2] 1778. "". "
[Row 3] ". 5 [Months]. Private. Capt Pearce no Col. mentioned
[Row 4] 1779. 7 [Months] 5 [Days]. ". Capt Pearce

States that he served 13 Months during the years 1778 & 1779.

I am, respectfully, Your obedient servant,
J. L. EDWARDS
Commissioner of Pensions.
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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, mucicians 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 [blank]
County of [blank] } ss.

On this [blank] day of [blank] personally appeared (a) before [blank] A. B. a resident (b) of [blank] in the county of [blank] and State, Territory or District of [blank] aged (c) [blank] 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 7th, 1832. That he enlisted in the Army of the United States in the year (d) [blank], with [blank] and served in the [blank] (e) regiment of the [blank] 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 entered the service; the battles, if any, in which he was engaged, and the country through which he 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 [blank] 
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 [blank] of the Court of [blank] do hereby certify (h) that the foregoing contains the original proceedings of the said Court in the matter of the application of [blank] for a pension.
In testimony whereof, I have hereunto set my hand and seal of office (i) this [blank] day of [blank] &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 [blank] and C. D. residing in (the same) hereby certify, that we are well acquainted with [blank], who has subscribed and sworn to the above declaration; that we believe him to be [blank] 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 days 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 [blank] and that C. D., who has also signed the same is a resident in the [blank] and is a credible person, and that their statement is entitled to credit.

I, [blank] Clerk of the Court of [blank] do hereby certify that the foregoing contains the original proceedings of the said Court, in the matter of the application of [blank] for a pension.
In testimony whereof, I have hereunto set my hand and seal of office, this [blank] day [blank] &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
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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?
{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 [the] 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 mention 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 of the claim cannot be had. Every claimant must state, 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. In a case where the applicant cannot, by reason of the
loss of memory, state precisely how long he served, he should amend his declaration by making an affidavit in the following words:
"Personally appeared before me, the undersigned, a Justice of the Peace, &c. A. B. who, being duly sworn, deposeth and saith, that, by reason of old age, and the consequent loss of memory, he cannot swear positively as to the precise length of his service; but, according to the best of his recollection, he served not less than the periods mentioned below, and in the following grades:--For [blank] year [blank] months, and [blank] days, I served as a [blank]. For [blank] months and [blank] days, I served as a [blank]; 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 a 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 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.
[pointing hand icon] 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 to 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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Revolution
21730
INVALID.

File No. 21,730
Samuel Davenport
Pri Rev War

Act: June 7" 32"
Index:-Vol. 2, Page 100

[Arrangement of 1870.]
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State of Rhode Island &c.
Newport ss:

Personally appeared before me the undersigned a Justice of the peace within and for the County of Newport, Samuel Davenport, a resident in Newport within sd. County, who in order to amend his declaration, being first duly sworn, deposeth & saith, that by reason of great bodily infirmity, and the consequent loss of memory, he cannot swear positively to the precise length of his service, but according to the best of his recollection he served during the years 1778 & 1779 as a private of infantry in the army of the Revolution for thirteen months at least, & for such service he claims a pension - He further declares that he cannot state facts with more particularity, or names, than he has done already in this & in his previous declaration.

Newport ss. Newport Nov. 19, 1833
Sworn to & subscribed this day before me.
Wm. Ennis
Justice of the Peace

Samuel Davenport

I certify that William Ennis is now, and for the last two years has been a Justice of the Peace for the town of Newport R I. and by law is authorized to administer oaths, and take depositions and affidavits = and that the above
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is the own proper signature of the said William Ennis with whose hand writing I am well acquainted - Dutee J. Pearce
December 31t, 1833

By [illegible] to the declaration of Mr. Davenport, you will see that I have already certified or sworn on his behalf.

The other gentleman referred to by Mr D. is a very reputable man and preacher of the Gospel December 31t 1833
Dutee J. Pearce
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I Langworthy Pearce of North Kingston in the County of Washington, on oath do testify & say am eighty four years of age during the war of the American Revolution, I was acquainted with Samuel Davenport, now an Applicant for a Pension, under the last of Congress, he then resided in the Town of North Kingston, with his Father Gideon Davenport, I now understand that he lives in Newport. I reccollect of seeing him as a soldier down to the shore, in the Fall of the year 1777, when the British Frigate Syren was taken by the Americans, she had ran ashore, near Point Judith, with some other British Vessels, which were all taken, I was there myself as a Volunteer, and said Davenport served under his Father, who had the command of an eighteen pounder. I also remember of seeing him on Rhode Island, after the English left Newport I think it was in 1780, he was then a soldier in Captain Laurence Pearces Militia Company, I belonged to the same Company, we were stationed out of the Town, but I cannot say how long we were detained. He belonged to the same Militia Company with myself, and must have served at other times and places with & without me, but I have no distinct recollection of seeing him at any other times & places than aforesaid - Langworthy Pearce
x his mark
Witness Sylvester G Shearman

Washington Ss In North Kingston
September 28th 1832 -
Personally appeared before me, the above subscribed Langworthy Pearce, and after being by me, duly examined, cautioned and sworn, gave the aforegoing Deposition, which was by me reduced to writing in his presence, and by him subscribed in my presence & I further certify, that the said Pearce is well known to me, & has always been reputed to be a man of truth & veracity -
Syleste G Shearman
Justice of the Peace

(over)
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Newport R.I. August 3d, AD 1833
This may certify that Sylvester G Shearman, ever before whom the within affidavit or deposition was made, was at the time of the making the same, and is now, a Justice of the Peace in the town of North Kingstown, and by law authorised to administer oaths =
Dutee J. Pearce