Revolutionary War Pension and Bounty Land Warrant Application File S. 31,642, John Davis, Va.
Page 1

SERVICE: Va.
Davis, John
NUMBER: S. 31,642
CONTENTS:
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12.272
Georgia
_________________
A Vir.
John Davis -
Gwinnett In the State of Geo:
ho was a Pri in the Compy commanded
Captain Leach of the Regt commanded
Col. Lee - in the Va 
ne for 2 years -
__________________
Inscribed on the Roll of Georgia
the rate of 80 - Dollars - Cents per annum,
commence on the 4th day of March, 1831.
__________________
Certificate of Pension issued the 15 day of April
1823 and sent to William Maltbie, Clk, Lawrencevile
___________________
Arrears to the 4th of March 1833 160-
Semi-anl. allowance ending Sept - 40-
$200

{Revolutionary Claim, Act June 7, 1832.}
Recorded by Nathan Rice Clerk
Book E Vol. 6 Page 88-

Date of death
not on A.B.
Page 3

Free
Department of War
Pension Office
Washington City

[Vertical]
9. Jany.
Ga
John Davis
21784

[Stamp]
LAWRENCEVILLE
DEC
87
Page 4

State of Georgia } Inferior Court
Gwinnett County } December Term 1832

Personally appeared in Open Court - it being a Court of Record (now sitting) John Davis a resident of the said County of Gwinnett and State aforesaid aged One hundred and two years - who being sworn according to law - maketh on his oath the following declaration in order to avail himself of the benefits of the Act of Congress passed 7th June 1832.
That he entered the Service as follows - 
(to wit) that he enlisted under Andrew Leach Captain - Volantine Payden Lieutenant - attached  to the Division of Genl. Henry Lee - in Dumfries Town, Prince William County in the State of Virginia - That they marched under the Command of said officers to Philadelphia - and was in the battle of Brandy Wine - remained on duty at a Station near Philadelphia - and up & down the Potomac River to prevent the landing of the British Ship of War Rockerck until the Battle of Monmouth - in which battle he was also. That after the battle of Monmouth they were Kept on duty as above sometimes stationed at or near Philadelphia as aforeasid & sometimes marching up and down the Potomac as aforesaid - and that he was engaged as such enlisted soldier - as a private on duty aforesaid for four years & five months - and that when peace was made he was regularly discharged (his discharge being in writing) under the hand of his Captain - That said written discharges have since been destroyed by fire or otherwise
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At the close of the war he removed to Pendleton District in South Carolina where he remained a length of time - but knows not how long and removed to Louisiana - where he lived three years - from there to Alabama - Jefferson County where he lived seven years - from thence he removed to his present Residence in the County of Gwinnett and State of Georgia where he has resided for the last six years.
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.
John Davis
x hismark
Sworn & Subscribed in open Court the day & year aforesaid.
(Attest) Wm. Maltbie Clk: 
[Crossed out: Cliffird Woodroof JJC
Reuben Melburg JJC
J. Wardlaw JJC]
Georgia } Infr Court
Gwinnett County } December Term 1832
And the said Court hereby declares it as their opinion after having examined the claimant & propounded the Interrogatories prescribed by the War Department that said deponent is one hundred and two years old and that he did serve as he states - 
Given under our hands and seal of office this 10th day of December 1832
Cliffird Woodroof JJC
Reuben Melburg J.J.C
J Wardlaw JJC
Page 6

Georgia
Gwinnett County

I William Maltbie
Clerk of the Superior court for said county hereby certify that the foregoing contains the original at [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 + seal of office this 10th day of December 1832

Wm. Maltbie [initials CJP?] 

John Davis
Resolutionary Claim

[Seal affixed]
Page 7

John Davis
Georgia
No. 21784

Va Rolls.

On Va Con. roll.

Admit as private
2 years -
Va.} Capt Leach
} Col H. Lee 
$80 - 

Wm Maltbie clk.
Gwinnett Co. Ga
Lawrenceville -
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WAR DEPARTMENT,
Pension Office,
183

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 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 show 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, showing the Service of John Davis
Period when the service was rendered.
enlisted
Duration of the claimant's service.
Years.
4
Months.
5
Days.
_____
Rank of the claimant.
Pri.
Names and Rank of the Company officers under whom he served.
Capt. Andrew Leach
Names and Rank of the General and Field officers.
Genl Henry Lee
Battles in which the applicant was engaged.
Brandywine
Monmouth
Country through which he marched.
__________
Place of abode when he entered the service, and age at the present period.
102 years
Dumfries
Prince Wm. Co. Va.
Evidence by which the declaration is supported.
______
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 wand 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 classes 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 claim- ing the benefit of this law its 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 } ss. 
County of 
On this ______ day of ______ personally appeared (a) before ___________ A.B. a resident (b) of ____________ in the county of __________ and State, Territory or District of ________ aged (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 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) _______, 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 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 ________
 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 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 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 application 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 of commis- sion; 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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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 if detecting the imposition, if one be attempted; and unless, therefore, these are amply and clearly set forth, no favorable decision can be ex-expected. All applicants will appear before some Court of Record in the County in which they reside, and there subscribed and be sworn to, one of the declarations also 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 the answers to these questions are embodied in the declaration, and they are requested to annex their opinions of the truth of the statement to 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 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 declaration must mention the period or periods of the war when he served. 
[e] Every continual 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 ____ 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 reconciling to the grade of the pensioner and the length of his service. The use of the phrase [italicized] about three or four months, is to 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 not 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. 
[pointing finger icon] The notes from [a] t [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.
Page 11

July 11, 1932
BA-J/MLB
xxxxxxxxxxxxxxxx
JOHN DAVIS
S. 31642

Mrs. G. M. Lowe
Dawson, Georgia

Dear Madam:

Reference is made to your letter requesting the record of John Davis, of Gwinnett County, Georgia, a soldier of the Revolutionary war.

The data which follow were obtained from the papers on file in pension claim, S. 31842, based upon the Revolutionary War service of John Davis.

He enlisted in April, 1777, in the town of Dumfries, Prince William County, Virginia, and served as a private in Captain Andrew Leach's company, Colonel Phillip Lee's Virginia regiment, was in the battles of Brandywine and Monmouth and was discharged at the end of the war; length of service four years and five months.

After the Revolutionary War he moved to Pendleton District, South Carolina, where he lived for a time, then moved to Louisiana, where he remained three years; from thence to Jefferson County, Alabama, for seven years, and from there to Gwinnett County, Georgia.

He was allowed pension on his application executed December 10, 1832, at which time he was aged one hundred two years and a resident of Gwinnett County, Georgia.

There are no family data on file in the claim.

Very truly yours

A. D. HILLER
Assistant to Administrator
Page 12

31642
Revy INVALID.
_____
File No. 31,642
John Davis
Priv Rev War
_____
Act: June 7 32"
Index:-Vol. 2, Page 103
[Arrangement of 1870.]
Page 13

1909 Apr. 13 Hist to Mrs. J. W. Neil. V. Lett.
1932 - July 7 - Hist to Mrs G. M. Lowe (See ltr. in case of John Davis, S. 16358)-MLB.
Page 14

21.542
John Davis of Geo.
C 12 272-31642
Petition for Pension
Pri Col. Lee Va Troops
~
Exemplification of
Records Gwt Superior Court
Georgia
_____________
Decr - 21. 1830
Ref with Revol. & Mil. Pensions
=

(21)
Page 15

Original Claim -
Declaration in order to be placed on the Pension List. under the Act of the 18th March 1818 County of Gwinnett to wit State of Georgia -
On this fifteenth day of September 1830 personally appeared in open Court being a court of Record for the County aforesaid John Davis resident in said County aged one hundred years who being first duly worn according to Law doth on his oath make the Following declaration in order to obtain the provisions made by the Act of Congress of the 18th March 1818 and the 1st of May 1820. that the said John enlisted for the term of the war in the month of April in the year 1777 in the State of Virginia in the company commanded by captain Leech in the regiment commanded by Colonel Philip Lee in the line of the State of Virginia on the Military Continental establishment that he continued to serve in the said Corps untill the end of the revolutionary war when he was discharged from the service at the Ped House in the State of Virginia that he hereby relinquishes every claim whatever to a pension except the present that his name is not on the roll of any State except Virginia and the following are the reasons for not making earlier application for a pension that this declarant was until recently ignorant of his rights under said acts of Congress & also has been able by his own labour to produce a subsistance untill age has disabled him
Page 16

And in pursuance of the Act of the 1st May 1820 I do solemnly swear that I was a resident citizen of the United States on the 18th day of March 1818 & 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 on 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 or property whatever - That since the 18th of March 1818 no changes have been made in my property.
John Davis
x his mark
Sworn to and declared in open court on the 15th day of September before A J Clayton Presiding Judge SC
I John G Park Clerk of the Superior Court for the County of Gwinnett do hereby Certify that it appears to the satisfaction of the Court that the said John Davis, did serve in the Revolutionary War, and Stated in the proceeding declaration against the Common Enemy for the term of nine months under one engagement on the Continental Establishment. I do further Certify that the foregoing oath is truly Copied from the records of said Court
In testimony whereof I have hereunto set my hand and affixed the seal of the said Court on this 17th day of October 1830
John G,, Park Clk
Page 17

(Copy)
War Department.
Pension Office
December 10, 1830.

Sir,
The papers in support of the claims of John Davis, Thomas Taylor and Archibald Henderson have been examined and placed on our files. They allege that they served in Captain Andrew Leach's company of Colonel Philip Lee's regiment. No such officers belonged to the continental army. They probably belonged to Militia or State regiments. As the acts of Congress extend to none who did not serve on the continental establishment, pensions cannot be granted.
I have the honor to be
Very respectfully
Your Obt. Servt.
(Signed) J. L. Edwards.

Hon: Wilson Lumpkin,
House of Representatives.
Page 18

War Department 22 Jany 31

Sir

The enclosed communication from the Pension office will answer the enquiry contained in your letter of the 18 Inst. An applicant to be entitled to a pension must show that he served nine months continuedly and on continental service. The officers under whom it is stated, that Davis Taylor & Henderson served, do not appear on the files of this office: the conclusion is, that their services were in the Militia
Very respectfully
J. A Eaton
Page 19

information as contained in his (or his widow's) application for pension on file in this Bureau. John Davis Sur. File 31642

DATES OF ENLISTMENT OR APPOINTMENT.
Apr. 1777
LENGTH OF SERVICE.
4 yrs and 5 mos.
RANK.
Pvt.
OFFICERS UNDER WHOM SERVICE WAS RENDERED.
CAPTAIN.
Andrew Leach
COLONEL.
Philip Lee
STATE.
Va

Battles engaged in, Brandywine, Monmouth
Residence of soldier at enlistment, Enlisted in Dumfries Town Va
Date of application for pension, Sept. 15, 1830. This cl. was al.
Residence at date of application, Gwinnett Co. Ga.
Age at date of application, 100 years.
Remarks: No data as to family.
Page 20

L. S. W.
Page 21

Commissioner of Pensions
Washington DC

Dear sir:

Please do me the favor of sending me the Revolutionary War records of John Davis, pensioner of [Gurinette?] co GA in 1840 and of Robert Clarck who came from NC to Ga after 1790.  Please also send me the records of John Mitch-ell of [Gurinette?] co or [Hall?] co Ga and greatly oblige

Yours very truly 
Mrs J W Neil
51 Houston St
Atlanta Ga
March 19 09