Revolutionary War Pension and Bounty Land Warrant Application File S. 32,210, Levi Davis, Md.
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SERVICE   Md

NAME    Davis, Levi

NUMBER   S. 32.210

CONTENTS
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32.980
Indiana
Levi Davis decd
in the State of  _________ who was a private in the __________ commanded by Captain Bell of the _________ commanded by Col _________ in the Md line for Revolution

Inscribed on the Roll of Madison
at the rate of 80 Dollars ---- Cents per annum,
to commence on the 4th day of March, 1831.  Ending March 1849

Certificate of Pension issued the 2 day of Feby 1852 and sent to
Hon C L Dunham

Arrears to the 4th of __________
Semi-annual allowance ending __________

Revolutionary Claim, Act June 7, 1832.

Recorded by R. McRae, Clerk,
Book [illegible] Vol. 7 Page 120
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Jany 24/52

Jas Davis 
of
Levi Davis
Decd appplication
for Rev Pension

Filed by
Hon Dunham
Jany 24 '52  Ia
Page 4

The State of Indiana 
Jackson County
Pleas at a Probate Court began and held at the Court house in
Brownstown, within and for the County of Jackson and State of Indiana
aforesaid on Monday the 10th day of November in the year of our
Lord One thousand Eight hundred and fifty one, it being the second
Monday in said month, present the Honorable William Williams, Sale. Judge of said Court, the following among other proceedings were had to meet

James Davis admr of the Estate of Levi Davis deceased
Exparte
at this time comes the  said administrator, and on his motion, be and is given him to introduce evidence to show who are the Heirs and legal
representatives of the said Levi Davis deceased, and after hearing
the evidence of John Gallimore, and other disinterested and
creditable witnesses, and due deliberation being had thereon,
the Court do find, that it is duly proven to the satisfaction
of the Court that the said Levi Davis, at the time of his
death, left as his heirs and legal representatives surviving
him Hannah Davis his widow who has since departed
this life, and his children, Irena Davis, married to John
Hendrix, Rachael Davis, married to Solomon Ritchey,
Sarah Davis, married to Shelby Harney, Stephen Davis, James
Davis, who is the administrator of the Estate of the said
Levi Davis deceased, Rebecca Davis, married to John Crider
Effie Davis married to Aaron Gelstrap. Jane Davis who was married to Samuel Starr
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but that the said Samuel Starr, has since departed
this life, and Nancy Davis and to John McVerley but
who are both deceased, and leaving children surviving
them to wit Isaac M Neeley, and Levi McNeeley, who are
children, and heirs at Law of the said Levi Davis
deceased, and who are entitled to distribution as such
children and heirs at law of the said Levi Davis deceased
in the proportion directed by the statute of desent distribu-
tion and dower in the State of Indiana.

And it is further ordered by the Court that in
making distribution of the assets of said Estate the 
said Administrator distribute the same, to the legal
heirs heirs and representatives aforesaid.

All of which is now here ordered and directed by the Court

State of Indiana Jackson County 

I William H Ewing Clerk of the Probate Court of Jackson County in the State of Indiana do hereby certify that the foregoing proceeding is a true full, and complete Copy from the Order book of said Court, as appears of record in my office.

In Testimony whereof I hereunto
Subscribe my name and affix the seal
of said Probate Court at Brownstown
this 27th day of November in the year
of our Lord one thousand eight
hundred and fifty one
Wm Ewing Clerk
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Pension Papers of
Levi Davis
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State of Ohio ⎬
Pickaway County

Ebenezer Davis of said county personally appeared Ebenezer Davis one of the Justices of the peace in and for the County aforesaid who being by me duly sworn according to law upon his oath deposeth and says that he is a brother of the said Levi Davis now deceased [illegible]
in the foregoing declaration of the said James Davis Admr of the estate of the said Levi Davis
that the said Levi was born in Hampshire Co. in the State of Virginia & that when he was about five or six years of age he removed with his parents for the Co of Frederick in the State of Maryland where he continued to reside until he enlisted in the service of the U.S. as a soldier of the Rev at Ft. Cumberland in the state of Maryland for the term of years under Capt Thomas Bell as stated in the forgoing declaration I was well acquainted with my Brother Levi and knew of my own knowledge that he enlisted in the service of the US. as a soldier of the R at Ft. Cumberland in the State of Maryland for the term of 3 years as stated under Capt Thos Bell and
that he performed the service of soldier of the R. W. for the period of 3 years that he enlisted in the service of the U.S. in the Revolution sometime in the year 1777 or 1778 in [illegible] one of the aforesaid years and not these mentioned.
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into the Service of the United States and state during the time he was in the Service of the United States and that during the time he was in the Service of the United States as a soldier of the Revolution he was in the state and paid by the paupers[?] officers of the Army and that [illegible] after the said Service and now obsessive[?] and the identical person maintained in the [illegible]/enlisted at [illegible] Soldier of the Revolution he marched from Fort Cumberland to Fort Frederick for the purpose of [illegible] the British parliament where he remained for some length of time and that during the time he was at Fort Frederick he obtained a furlough for the purpose of obtaining home to [illegible] relations and [illegible] and this he obtained and [illegible] at home about two weeks and then returned to the charge at Fort Frederick and that whilst he remained at Ford Frederick the said Levi Davis (now deceased and who departed this life on or about the sixth day of March in the year 1846) and transferred to the company of Captain Nathaniel Bell Magruder and now had found[?] Fort Frederick to [illegible] in the State of Virginia for the purpose of [illegible] the [illegible] until the first [illegible] the [illegible] of this three years [illegible] which [illegible] some time in the year 1780 or 1781 then [illegible] home with the [illegible] soldiers which was about two years before the war was closed at the time  [illegible]
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he Brought with him one hunting shirt which he obtained in the army said deponent says that he came to the state of Ohio from the state of Maryland in the year 1813 to his present place of residence in Rockaway County where he has resided ever since excepting where temporarily absent. In the year 1817 he went to Allegheny County in the state of Maryland and whilst there he was in company with the said Captain Nathaniel Bell Magruder and whilst in company with him he enquired of me if I knew where my brother Levi was at that time I replied to him that I had understood that he had removed from the state of Kentucky to the state of Indiana he the said Levi having a Long time previous to this moved from the state of Maryland to the state of Kentucky Capt Magruder informed me that the said Levi Davis was one of his most faithful soldiers and that he served out his three years in a very faithful manner although the whole period of service was not performed under him yet he was knowing to the whole period of his services and that if the said Levi was then living he was entitled to a pension and that he Capt. Magruder was then drawing a pension from the United States government and from the state of Maryland the said Capt Magruder also informed me that whilst the said Levi Davis was at [illegible] in the state of Virginia the said Levi Davis and another soldier with him went down the Ohio River about six miles as Indians spies when they saw a Large body
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of Indians the Indians immediately persued then running and continued said persuit
the said Levi Davis and the other soldiers until they have came in sight of the place
where they were stationed at Wheeling where the Indians gave up their persuit. Capt Magruder is now dead and has been dead for some years deponent says that he does not recollect the names of either of the Colonel or General under whom the said Law Davis Served nor the number of the regiment in which he served but was intimately acquainted with both of the Captains of the said Levi Davis to wit Captain Thomas Bell and Captain Nathaniel Bell Magruder

Ebenezer Davis
Sworn and subscribed to before me this
first day of June A.D. 1847
Ebenezer S. Davis
Justice of the Peace

State of Ohio
Rockaway County ss.

Personally appeared Abraham Rose and John W. Sawyer before me Ebenezer S.
Davis one of the Justices of the peace in and for the County aforesaid who being by due duly Sworn according to law [illegible] say that they have been acquainted with
Ebenezer Davis the person who has subscribed and sworn to the foregoing affidavit for a great length of time and that he is a man who sustains are [illegible] character for
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truth and veracity and that he would unhesitatingly believe any statements he would make upon any subject whatever

Abraham Roll
J.W. Sawyer

Signed and sworn to before me this
first day of June A.D. 1847
Ebenezer S. Davis
Justice of the peace

State of Ohio
Rockaway County ss.

I, Ebenezer S. Davis one of the Justices of the peace in and
for the County aforesaid do hereby certify that the above and foregoing affidavit of Ebenezer Davis Abraham Rose & John W Sawyer were by them subscribed and sworn to before me this first day of June in the year 1847 & I further
certify that the signature of the said Ebenezer Davis Abraham Rose & John W Sawyer to the foregoing affidavit
is the genuine hand writing of the said Ebenezer Davis Abraham Rose & John W Sawyer and further that I am well
acquainted with the said Ebenezer Davis Abraham Rose & John W Sawyer & that they are credible persons and that
any statements they may make are worthy of belief.   I also further certify that all [illegible] in the foregoing of Rose
Sawyer & Davis were made before signing or being sworn to, also all erasures.
Given under my hand and seal this 1st day of
June 1847
Ebenezer S Davis 
Justice of the Peace
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State of Indiana 
Jackson County ss

I William H Ewing Clerk of the Probate Court in and for the County and State aforesaid do hereby certify that the above and foregoing is a full true and complete copy of the original letters of Administration granted to the aforesaid James Davis administrator of the estate of Levi Davis decd as appears of record from the book of recorded letters of Adm in my office at page 115. Witness my hand and the seal of said Court at Brownston
this the 19th day of May AD 1847

W H Ewing Clerk J P C

William M Davis Clergyman of the regular Baptist Church and Thomas Estep and Levi Blevins residing in the County of Jackson and State of Indiana and in the neighborhood when the said Levi Davis last lived before his death do hereby certify that we were well acquainted with him the said Levi Davis
whose name is mentioned in the foregoing declaration and also with the said James Davis Admr of the declarant and that we believed the said Levi Davis was of the age represented in the foregoing declaration and that he has
in his lifetime and is reputed in the neighbourhood where he lived to have been a soldier of the United States, in service of the revolution that we concur in that opinion.

Subscribed and sworn to before me  in open court the day and year aforesaid
William M Davis
Thomas Estep X [his mark]
Levi Blevins  X [his mark]
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And the said Court do hereby declare their opinion after the investigation of the matter and after putting the investigations [illegible] of the War department that the aforesaid Levi Davis [illegible] was a Revolutionary soldier and lived as stated in the foregoing declaration and the Court further certified that it appears to them that William M. Davis who has signed the [illegible] certificate is a clergyman resident in the neighborhood of the said deceased and that Thomas Estep and Levi Blevins who have signed the same are residents in the county of Jackson aforesaid and in the neighborhood of the said deceased Levi Davis and that they are credible persons and that their statements are entitled to credit

Wm Williams
Probate Charge[?]

State of Indiana
Jackson County Sct

I William H. Ewing Clerk of the Probate Court of Jackson County in the state of Indiana certify that William Williams whose signature appears above (and which is genuine) is probate of said court duly elected commissioned and qualified and for all his official acts as such and that full faith and credit is due and given and that the foregoing [illegible] the original proceeding in said Court in the matters of the application of James Davis for a pension

In Testimony whereof I have hereunto set my hand and affixed the seal of said Court this 15 May 18141 in said Co.
Wm. H Ewing Clerk
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State of Indiana
Jackson County
Jackson Probate Court at [illegible] served 1847
[illegible]

Declaration
In order to obtain the benefit of the act of Congress of the 7 June 1832

On this the 10 day of May AD 1847 personally appeared in open court James Davis Admr. of the estate of Levi Davis a resident at the time of his death of the County of Jackson and state of Indiana where being first duly sworn according to law doth on his oath make the following declaration in order to obtain the benefit of the provisions made by the act of Congress passed the 7 day of June 1832 The said Admr. took out letters of Administration of the the estate of Levi Davis was in his ninety fifth year at the time of his death late of said County aforesaid and on the 8 day of March in the year 1847 out of the Probate Court of said County & state aforesaid & duly qualified himself as such amdr according to law and said Admr says that his said intestate Levi Davis was a soldier of the U. States in the War of the revolution as he is informed & verily believes that the said Levi Davis was born on the 3rd day of July 1751 as it appears from the family Bible containing the the record of his age which is now in my possession but where he was born he cannot tell But believes it was somewhere in the state
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Maryland & was living in said state when called with the service that he enlisted under Capt Thomas Bill of Ft Cumberland Maryland the balance of the office he does not recollect of ever having heard their names mentioned if he has, he has forgotten what they were and was at the last mentioned place mustered where the service of the United States marched from Fr Cumberland to Ft Frederick to guard the British prisoners that he returned home on furlough after staying a short time returned to Ft Frederick where he remained a considerable length of time and was afterward transferred transferred to the company of Capt Nathaniel Bell Magruder afterwards marched to [illegible] Virginia to guard the frontiers was three years in the service discharged at the last named place and returned home to Maryland. Levi Davis had a discharge which [illegible] but where it now is only where it was signed & do not recollect he removed from Maryland to Jackson County Ky [illegible] to Clark Co Ka from there to back to Nicholas County back to Clark Co. Ka. from thence to Washington Co. Ka. to Lawrence Co Ka, to Jackson Co Ka to Lawrence Co. Ka. to Vermillion Co. Ill. to Fulton Co. Ill. to Knox Co. Ill. to [illegible] Co. Ka. to Wapala[?] Co [illegible] to Jackson Co Ka where he died on the 6 day of March 1846 I have often heard my intestate Levi Davis say he was subscripted and paid by the government in considerable money
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but how much I know not that his name
is not on any pension all or agency of this
or any other state that the said intestate
left as his children and heirs at law
Ben Davis Sarah Davis of Effa Davis Stephen Davis
Rebecca Davis Jane Davis May Davis
his widow and declarant as his
children & heirs at law I have been
informed and believe that the said Levi
Davis was an ensign but know nothing of
his commission that he was known
his neighbourhood by Levi M Davis and Thomas Ester and that he knows of no 
living witness by whom this facts can be
established unless  Ebenezer Davis of
Pickaway Co. O. be living if he is I am
informed that most of this facts can be
established by him the Administrator
as aforesaid will and does hereby relinquish
every claim to any pension or annuity
whatever except the present the declarant
will further state that he does not
recollect the time that live Davis left the
service of the time he entered But he
was in the Battles of Gilford Court house
Monmouth & long Island. That he was
once taken prisoner and guarded by hessions  the above statements he thinks he has often heard the said Levi make and he believes then to be true
James Davis
Subscribed and sworn to in open Court
this 10 day of May 1847
Wm H Ewing Clerk

(Cappy letters of Administration)
Page 17

Adm for 2 years as a private
Wait for the evidence of his death
and the names of Surviving children
to be furnished

Certificate of Pension to be sent
to law C L Dunham
Salem Indiana

See papers of
Nathaniel B Magruder

18 March to [illegible] this claim
Page 18


Brownstown, Jackson County Indiana
Sept 3. 1847
Sir
In compliance with your request in yours of the 28th June last and also of the 7th ultimo I forward you the Certificate of the Register of the Land office at Annapolis Maryland
showing the service of Levi Davis in the Revolutionary War You will perceive by this certificate that Levi Davis must have rendered 3 years and 14 days service in the Revolutionary War, although the Register of the Land Office Says upon the roll at the name of Levi Davis with the letter W opposite his name without any date as to the time he entered the Service or when he left it. Although the line appears to be dotted in which the name of Levi Davis appeared, yet
we must come to the conclusion that the dotts subserve the same purpose as though the words "Ditto Ditto". were  written upon the same line. A number of business gentleman
have examined this certificate and all are conclusively of the opinion  that the above suggestions are correct
Should the applicant be required to make an amended declaration in this case in order to show the names of his intestates Company and field officers &c. he could only by reciting the facts contained in the Certificate of the
Register of the Land office, from the fact of his being an administrator, and consequently having no personal knowledge of the service of his intestate.
Page 19

Taking all the evidence in that case together the applicant is apprehensive that it furnished a very strong case in his favor, and is in hope that it will entirely satisfactory to the Commissioner and that the Commissioner 
will forward the necessary Warrant to draw the money he can (illegible)  to be so justly due to the heirs of his intestate in right of their deceased parent
I am Very Respectfully
Hon I
Com
Your Obt Sert
Saml  H. Smith
Hon J L. Edwards
Comm of Pensions
Washington City
D. C.
Page 20

The papers in this case
sent to Hon Wm M Cocke
H. of R.    Dec 20 1848

(unreadable)
N.  J. Cole Direct to 
Jenkins to Copy the papers.

Col, James L Edwards
Washington
DC


Hon Wm M. Cock
Page 21

The papers in this case
sent to Wm M Cocke
H, of R;   Dec 20, 1848





Col. James  L Edwards 
Washington 
D,C.

Hon, Wm M Cocke
(unreadable)
NJ Cole 
Direct to Jenkins to copy papers
Page 22

House of Reps.
Dec 11 1848.

Sir

The administrator of the estate of Levi
Davis deceased have presented his petition to the
House and which has been referred to the Court
on Revolutionary Pensions, praying that the heirs
be allowed the arrearages of pension due the
said deceased at the time of his death.  You
will please send me all the papers in your
Office belonging to the case.

Very respectfully,
your Obt Servt
W M Cocke
Chairman Committee
Rev Pensions
Page 23

Brownstown Jackson County, Indiana
November 9, 1847
Sir
I have yet to learn of the department
required more than satisfactory evidence of the fitness of the application. I believe from my meager knowledge of the rules of the department that no inflexible rules are established. But that to be convinced of the
correctness of the application is to establish the claim Though the application have to informal the claim will be altered, if it is brought home to the knowledge of the Department that the claim is just. With these views I have not amended the declaration as to the time of enlistment, stating the names of the Company Officers because that knowledge the applicant does not possess, and if he were to state these facts it could only be from hearsay-- I therefore rely upon the statements in the affidavit of Ebenezer Davis, and the Certificate together with the neighborhood
proof to supply this in the declaration, thinking that all the Department required is to be satisfied. I herewith send the amended affidavit of Ebenezer Davis removing
the objection of the Department to the statement that Levi Davis enlisted for the War thereby causing the Variance then the record from Annapolis and the evidence-- Hoping this may prove satisfactory
I Remain Very Respectfully Your
Obt Sert
Samuel W Smith
Hon J.L. Edward
Com of Pensions
Washington City
D. C.
Page 24

Brownstown, In 
July 20
Levi Davis
official business 
free
Hon J. L. Edwards
Com of Pensions
Washington City
DC
Page 25

free
Brownstown, In
July 20
Levi Davis

Official Business
Hon J. L.  of Edwards
Comn of Pensions
Washington City
D. C.
Page 26

H[illegible] of Rep
Jan 16. /48

J. S. Edwards

Sir will you please to end me the papers in the case of James Davis Administrator application for a pension for Levi Davis of Jackson County Indiana.
I am requestion by the said [illegible], to examine those papers and give him my opinion as to the merits of the case.
Yours &c
Thos J. Henley
Page 27


Brownstown Jackson County Indiana
October 18th 1847
Sir:
Yours of the 28th ult came duly to hand by which the applicant is informed, that "the evidence on file in the case of Levi Davis deceased is not at all satisfactory to identify
him with the Hart man of the Maryland Line, whose service is certified by the Register of the Land Office of that State.
The testimony of those who served with Davis, who can state the time of his entering, and the time and manner of his leaving the same, with the names of the company and Field Officers
under whom it was perform will be required to establish this claim.
The applicant has to confess that he is somewhat Surprised at the contents of this communication when compared with yours of the 28th of June last. In that letter you state that the of the Land Office at Annapolis, of the testimony of two or more witnesses who were themselves in service with Davis showing he rendered at the last six months
Service must be produced." To this at the instance of the applicant a response was made at some length. He not all informed that before a satisfactory adjustment of this
claim could be made either the one, or the other of the foregoing requisitions must be complied with, together with a statement of the names of the Company and Field
officers and the commencement and termination of each tour of service should be made. What is the applicant to infer from this statement? why, clearly when  the testimony of the witnesses who were in the service with
Davis, or the certificates were procured a satisfactory adjustment of this claim could be made." No other inforance can possibly drawn from this language.
The Certificates were procured bearing date August 24 1847 nearly two months after yours of the 28th of June, and now the evidence on file is not at all satisfactory
Page 28

to identify him with the Warman of the Maryland Line, whose service is certified &c. Here we have a direct admission that the Levi David, mentioned in the Certificate did perform Revolutionary service, and that he enlisted for the War. The evidence on file is not all satisfactory to identify him &c
Let us see whither or no he it not identified with the War man of the Maryland Line whence as certified. On the 10th day of May 1867 the declaration in this case was made, and in it the applicant, an administrator states that his intestate enlisted in the service of the United States in the War of the Revolution under Capt Thomas Bell. On the 1st day of
June following Ebenezer Davis of Pickaway County in the State of Ohio, then a resident of more than 300 miles from the applicant
makes his affidavit, and he also states the same fact of Levi Davis enlisting in the service of the United States in the War of the Revolution under Capt Thomas Bell, at Fort
Cumberland and that he served three years in said War. The one stating the fact from the information of his intestate, and the witness from his an recollection of upwards of Seventy
years, both of which Statements are entirely independent of any light there upon the subject by means of the Certificate of the Register of the Land Office. The certificate
shows the fact that Capt Thomas Bell belonged to Moses Rawlings Regiment, and that Levi Davis belonged to the Company of Capt Thomas Bell in this Regiment, and the
only Levi Davis on the muster roll of this Regiment. 
How comes it about that the certificate disclose the same fact about
Levi Davis belonging to the Company of Capt Thomas Bell, which the applicant in this case States he derived from his intestate, and
that to more than three months before he knew what facts the Certificates would disclose, unless his intestate if the same,
the identical person named in the Certificates. How comes it about that Ebenezer Davis from his own  recollection of upwards of 70 years should state the same identical fact of Levi Davis belonging to the Company of Capt Thomas Bell
Page 29

and that to without any knowledge of that faith the Certificates would disclose, which were not obtained for upwards of two months after the making of his affidavit, and we obtained disclosed the fact of Levi  Davis belonging to the Company of Capt Thomas
Bell, and that only one Levi Davis belonged to that Company and indeed the only Levi  Davis there was in whole of Rawling
Regiment, unless the Levi Davis deceased in this case, is the identical Levi Davis mentioned in the Certificates. How was it about that there is only and Levi Davis on the Muster Roll of Rawlings Regiment, and that one belonging to the Company of
Capt Thomas Bell, untill the Levi Davis mentioned in the Certificates, is the one, the same, the identical Levi Davis mentioned
in the declaration of James Davis the administrator of Levi Davis 
deceased. The declaration of the applicant, the affiant Ebenezer Davis, and the Certificate of the Register of the Land Office all different and independent links, yet forming one unbroken chain of evidence, pointing to the Levi Davis deceased whose claim his representative is now prosecuting as being the same Levi Davis mentioned in the Certificates and no other. To suppose any thing else, would be to suppose in
utter impossibility, and writing to all sound reasoning.
How any other conclusion can be arrived at under such a State of facts as these, than that the Levi Davis deceased whose claim his administrator is now prosecuting it the self same. identical Levi Davis mentioned in the Certificate, is a matter wholly inexplicable. were there any other Levi Davis on the Muster Roll of Rawlings Regiment and that to the belonging to the Company of Capt Thomas Bell, then three might be some soon to doubt but as it is, it is to be placed by and the possibility of contrary. Is there
evidence on file to identify Levi  Davis deceased with the Warman of the Maryland Line Perhaps it may be applied that the affidavit of Ebenezer Davis shows that Levi Davis enlisted for three years whereas
the word  shows that he enlisted for the War, and conquently there exists on material discrepancy between the
Page 30

record and Ebenezer Davis testimony. Admit the fact that it may be so as to this point but as to the other point named when the above there exists no discrepancy and this point must go as far to identify Levi Davis deceased with the Levi Davis named in the certificate as the other can possibly go. A slight amendment of the affidavit of Ebenezer Davis will remove every objection as to identify this being the only and last objection as I understand from the letter of the commissioner of the 28th ultimo.

Thorough examination of the rules has been made and no where can we find any rule that requires an applicant to prove his service by persons who were themselves in service with his intestate to the exclusion of other testimony tending to prove the same fact. The result of anything of the kind that can be found is found on page 126 in the text and in note J on the same page. The applicant cannot see anything in these notes but that which laid him at full liberty to prove the identify of his intestate with record by other witnesses than those who were themselves in the service with the intestate.

The applicant hoped the commissioner will regard the suggestions above set forth as identifying his intestate with the Wars man of the Maryland Line and allow the pension of this deceased father which he is convinced the heirs are so justly entitled to - 

I am very respectfully
your obt servant
Samuel W Smith

Hon J.L. Edwards
Com of Pensions
Washington City
D.C.
Page 31

S.W. Smith

Brownstown, Ia
Feb 8, 1838
Page 32

Samuel W Smith
Feb 7/48

Hon. T. J. Henley 
Washington City
D.C.

Free
Page 33

Free

Hon. T. J. Henley
Washington City
D.C.

Samuel W Smith
Feb 7/48
Page 34


Brownstown Feb. 7, 1848
Sir:
Some five or six new since H. 
H. Long Esqr wrote you with regard to the
Pension of Levi Davis, deceased, in which case it presented by James Davis his administrator
At the time he wrote you I was lying very sick,
from which led of sickness I have but in that a short time recorded, having been confined to my house for near ten weeks, but am now able to transact some business.
Mr Long undoubtedly wrote you fully about this case, and especially the amended
affidavit of Ebenezer Davis of  Ohio that
according to the previous  letters of the
Commissioner of Pension it took from
under him the last plank on which he stood against this claim I hope there may be no further difficulty about that case, that the
Commissioner will issue the Warrant
Mr James Davis  Said the Administrator appears to passes a great anxiety about the result be of this as frequently calls upon me to
know what disposition has been made of
this case, and that he may effect the name
lot I am unable to tell him not having
heard any thing from you in reply to the
Page 35

letter of the (unreadablr). Will you have the
goodness to let us know something with
regard to the claim and what may be
expected from it. Suffice it to say you
will not be forgotten, should you succeed
in carrying through this claim. Mr Long
and myself have a written agreement
with Davis for one half, and you have been informed as I understand that a decision 
will be made with you as soon at the warrant can be procured please forward the same to Mr  Long myself, and Mr Davis  had made arrangements to use his portion of the money and is very desirous of getting it
Should any further evidence be needed in
this case I am apprehensive that the same
can be procured at Richmond Virginia
from the Secretary of State, at Rawlings 
Regiment to which David belonged, was
incorporated in 1780 or 81 into the Virginia
Line and the service of this Regiment to
terminated in that State, and that one of the
hint of Rawlings to establish his claim a number  of years ago formed muster e
and pay rolls at Richmond of this Regiment
Do not keep us in suspense about this
Page 36

case let us know the result or what may
expected from it. I understand that Edwards
is a whig, and if his whinery is needed to be
operated upon just say the word I think
I can find a man to assist you in the matter
We will send you in a few days a case of as much consequence as the Davis  case locked up and sustained by the Army record which will accompany the declaration It will make Edward "See Stars". We have resided another case of Captaincy together with the records now to sustain it, but have to wait until Court to have the declaration made at it is made by an Administrator the pensioner died last September. We have agreements
for one half, and we are willing to make
divide with you to rid them Mr. Giddings of Ohio I was formerly well acquanited with at his residence with in Ohio, attended the of a gentleman by the name of Justin Please give my respects to him
I am Very Respectfully 
Your Obt Servt
Samuel H. Smith

Hon T J Henly
Washington City
D.C.
Page 37

Brief in the case of Levi Davis, decd late
Jackson County and State of Indiana
act 7 June 1832 
Claim (original, or for increase.)
Proof exhibited, (if original.)
Is it documentary, traditionary, or supported by rolls? If either, state the substance.
allowed by F. S. Evans, Chief Clerk
(If for increase.)
Has additional evidence been filed since the admission of the claim? If so, what?
Name and residence of Agent
Hon C. L. Dunham
H of R
J. Cole
Examining Clerk
Page 38


(1 )
Brownstown, Jackson County, Indiana
July 17th 1847
Sir:
Yours of the 28th ult is at hand. You
remark in yours that before a satisfactory adjustment of this claim (the claim of Davis) can be made the date of the commencement and termination of each tour of service with
the names of the company and Field Officers most likely specified, and the Certifiants of the land office at Annapolis, on the testimony of two or more witnesses who were themselves
in service with Davis Showing he rendered at least six months service must be produced. The papers now filed afford no satisfactory evidence of his service and the fact of his
having lived until 1845 without applying for the benefit of the Act of June 7. 1832 raises a strong preemption against his having rend and sufficient service during the Revolutionary War to entitle him to a pension, Clean and satisfactory proof will be required to establish this claim.
The declaration in this  case was made by an administrator. It cannot be expected that a declaration made by an Administrator would be as full and perfect as that of the person who performed the service. All an administrator can State is from information of others, unless the Administrator had personal knowledge of the Service of his intestate. 
James Davis the Administrator in this case did not profess to set out the principle facts of his own knowledge, but the facts as he derived them from his intestate, and others. One
fact he is not mistake about, and that is, he has seen  the discharge of his intestate from the Army. He also expressly states that he does not know of any living witness by whom the service can be proved unless it is by Ebenezer Davis of Pickaway County in the State of Ohio
With regard to an Administrator's stating the commencement and termination of each tour of Service, with the names of his Company and Field officers; it seems to be
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(2 )
requiring an utter impossibility, and if such impossibilities are required of applicants in case of Administrators, the most mentorious claims may that be defeated Again, the Commissioner Seems to require clear, & postive testimony of witnesses who were themselves in the same with Davis Showing he rendered at least six months service &c or the Certificate of the Land Office at Annapolis. The applicant in this case did not expect that the Commissioner would require positive proof of Service, if he should be unable to prove the same by the said Ebenezer Davis, the witness referred to in his declaration, when according to the published rules of the Pension office, the Commissioner has stated that "if Such Swearing witness  cannot be found, the applicant will so State in his declaration, from which it appears clear that the want of positive proof would that be obviated. Again this also appears that from the fact that the department requires the testimony of two witnesses residents of the neighborhood of the applicant, stating that the applicant is a man worthy of belief, and that it is reported and lived in the neighborhood where he resides that he was a solider and that he is of the age he represents in his declaration Soldier of the Revolution and served as he states (illegible)  by and all contract that positive proof is not required by the rules of the department, and that the department itself intended to embrace cases made out priand facia, the applicant has only to cite the departments own (illegible). First. If such surviving witness cannot be found the applicant will so state in his declaration." Secondly. Traditionary evidence of service is deemed very important in the absence of any direct proof, except the declaration of the party. Thirdley. To require from the applicants positive proof of Service from a contempary senior  would after the lapse of so many years to deprive many of them of the benefit of the law. The applicant in this case is apprehensive that it would be my difficult to resonate these published regulations of the department with the requirements of the Commissioner in his letter of the 28th ultimo. The compelled  applicant in this case cannot understand how it is that he is to finish the proof required by the Commissioner under such a
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State of facts as published by the department. Should positive proof be required, and that too by witnesses who were themselves
in the service with the applicant, and by no other, it would to almost utterly impossible at this day, for any man to obtain a pension however metorious his claim, because the persons who now with him in the service may be dead, or beyond the reach of the applicant
Again, the Commissioner appears to think it an objection to an application at this day, by reason of the applicants long delay in making his application. We cannot believe  this to be any objection Because, it must be collected that the great most of these men possessed 
the pride of character which is peculiar to them, and duly to be found in any other class of people, as all can attest who are well acquainted with them. They view these pensions as  donations  made on the part of the Government, instead of its being a legal obligation, and one which the Government is
in duty bound to pay, whenever a case is made out. Many of them say, that they have never asked any thing in the shape of charity, and hold upon their receiving this pension as an adiant thing, and indeed, I do support that those  works are residents in this Section of country would now ask it sure it not on account of then improvised circumstances. Secondly this cannot be a valid objection, because the department itself has said, that to require from applicant at the proof of service from a contemporary soldier, now after the case of so many years, be to deprived  many of them (the officers and soldiers of the benefit of the laws. By the phaseology, after the late of many year, we are firmishire with of conclusion that the department itself contemplatiive, by applicants in making application for the pensions. Here fore, instead of this "long delay, being an objection to an applicants claim it firm that an acquainent in his far, unless the department designs to plead the "Statute of Limitations to all future pension claims. Evidence is either printed or positive. And the applicant is apprehension that when case is made out prima face; that is, such evidence is corded as satisfy the mines of a Court or Jury as to warrant them
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(4)
in finding a verdict in favor of an applicant or plaintiff, it would be sufficient, and to adhere to the doctrine as laid down by the Commission, that the testimony of two or more witnesses who were themselves in the service with Davis should (illegible) and no other be admissible evidence, it would be doing violence to a adding to long and well positive principle of evidence. This is the doctrine of the evidence only, and animating the doctrine of prima facia evidence in the department established for hearing and determining pension claims. It has I believe been well settled that these claims are legal liabilities, the Government Standing in the relation of debtor to the officers and soldiers of the Revolution and the officers and soldier the creditors. If this relation exists Surely the well established rules of evidence both prima facia and positive as present in these cases.
The Commissioner States, "the fact of his having lived until 1845 without applying for the benefit of the Act of June 7th 1832
raises a strong presumption against his having rendered sufficient service during the Revolutionary War to entitle him to a pension
The inference to be drawn from the expression, his having lived until 1845; would seem to be, that the said Lew Davis departed
this life at that time. This is not the statement of the applicant He States that "he (his intestate died on the 6th day of March
1846. This dates he wishes to be understood, as being a fixed fact.
Again the applicant in this case concluded from the expression of the Commissioner, to wit: Sufficient Service, that there is some
evidence, of some service having been render. From has this evidence been divided? How much since does this evidence prove
to have been rendered? Has this evidence been desired from the papers filed. If it has, then it proves Charly positively, and require,
and that to without "without mental reservation, as the Jesuit would say, that he is rendered three years service in the Revolutionary War, for which he is entitled to a pension. Ebenezer Davis Swear positively and of his own knowledge that Levi Davis
rendered three years service in the Revolutionary War. How much Stronger need evidence to be in a given case to warrant a court or Jury in finding a verdict. The applicant is apprehensive that if this case
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5
were before a Court or Jury they would not hesitate long about finding a verdict. We must come to the conclusion, without any
evidence of the fact, that Ebenezer Davis has sworn to that which is witfully and Comptly false, notwithstanding he is in a measure corroborated by the applicant himself, who states he has seen his intestates discharge from the Army; or else must believe that Levi Davis served three years in the Revolutionary War, as stated in the papers and consequently entitled to his pension. Again is Ebenezer Davis a man of credibility?  The law presumes all men worthy of belief until the contrary appears.  Does the contrary appear in this case?  It does not. Notwithstanding this presumption of law, (and the applicant might have lately rested his case upon it, the applicant did not feel disposed to leave
the case in such a situation, that even cant  itself could do its work, and consequently backed up the statement of Ebenezer 
Davis by two  very repectable citizens of the place where he resided that he not a man worthy of belief upon any subject whatever.
Is not this evidence satisfactory.
How much more satisfactory would it be, name two or more persons unknown to the Commissioner to swear they were in the service with Davis during the whole length of time as stated in the declaration? None more so, because in the end, the whole matter would (illegible) itself into this, are the witnesses worthy of belief? Consequently both
would be placed upon an equal footing as to credibility 
With regard to the Certificate of the Land Office at Annapolis, when proved what more would this end to prove than is already proved. Nothing more. Because when
proved, it may be said that the proof is still insufficient on account of the want of identity with the intestate Levi Davis.
How will this be parsed? Will it be replied by two or more witnesses whose themselves in the same with Davis. The applicant would they that he knows of no living witness  by whom the facts can be proved unless it is by Ebenezer Davis of Pickaway County Ohio, who has already testified in the matin, and that your published as does not require from applicants positive proof of service from a contemporary
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Services, other then be one living or no, and that to require from applicants" Such positive proof of Service from a contemporary Surviors would, after the lapse of to many years, be to deprive any of them of the benefit of the law
Consequently the Certificate unconnected with the proof of identity would prove nothing at last.
The applicant is desirous that the Commissioner will reconsider this case and award the pension which he considers he is so justly entitled to, and that this communication may be regarded as an argument in its favor.
I am Very Respectfully
Your Obt Sert
Samuel W. Smith

Hon J.L. Edwards
Com of Pension
Washington City
D. C

Hon I.L. Edwards
Sir, I was acquainted with Levi Davis, whose claims for a pension are alluded to in the above letter, and at the request of his son, who is now his Admr
I had a conversation with him in regard to
his right to a pension, the said he had served
his country a long time, and they had paid him
for his services, according to the contract
I remarked to that the union he was then
entitled to was intended as a gift, to record
patriotism, and merit. He answered that he
seemed to receive any thing as a gift or
gratuity from his government, that he had
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supported his children while he was able
and now they most support him
He seemed to be fully aware of his right to
a pension, and delighted to tell of the incidents
of his service of the battles he was in and
the dangers he encountered, but said he 
had always refused to apply for a pension
and it was needless for any one to ask him
to do so, for he was determine, not to
accept any such gratuity.
Respectfully, &

Thos J Henley
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37,522
Levi Davis, Decd
Ja
Act 7 June 1832
Adm 2 yrs Private
$80 per annum,
Comg 4 March 1831
& Ending  8" March
1847. payable to
Wena Handren
Rachel Ritchey
Sarah Harney
Rebecca Conder
Effie Gelstrap
Jane Sharr
Jane Starr
Stephen Davis &
James Davis &
Nancy Mcvilay, only
serviving children, or
to James Davis Adm
(unreadable)
McVeiley
Hon C. L. Dunham
H of R
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State of Indiana
Jackson County Sct.
I William H Ewing Clerk of the
Probate Court in and for the County of Jackson, in the State of Indiana do hereby certify that Administration of the goods, chattles  rights credits moneys and effects which were of Levi Davis late of Jackson County deceased who died intestate is granted to James Davis and the said James Davis having qualified, and given bond & as such Administrator is duly authorized to take upon
him the administration of such estate according to law
Witness my hand and the Seal of said Court
this eighth day of March in the year of our Lord One thousand, Eight hundred and forty seven
William H Ewing Clk
2
Seal
A
State of Indiana Jackson County Sct
I William H Ewing Clerk of the Probate
Court in and for the County of Jackson, in the State of Indiana hereby certify that the foregoing is a true full and complete copy of the Original Letters of Administration granted to James Davis upon the Estate of Levi Davis deceased as appears of record in my Office
In Testimony Whereof I hereunto
Subscribe my name and affix the seal
of said Probate Court at Brownstown
this 27th day of November in the year
place four Lord one thousand eight
hundred and fifty one
William H Ewing Clerk
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copy of muster 
rolls of
Rawlings Regt
Page 48

Names

Stephen David Pickaway County Ohio 
Musters of Maryland Troops
Time of Service
|Names|Rank|Enlisted|Discharge| |
Rawling's Regiment
Denniston James| leiunt | 17 Augt 76 | for war
Dythe Peter | Pt| | 9th Augt 79
Devenport Advian | Pt |
Davis Levi W |
┃ Devoir Cornelius | pt | | deserted
┃ Dewist Francis W |
┃ Dowden James W |
┃ Debrular John| | 9 augt 79 dischtrged
┃ Dennis Henry W |
  |  Davis Joseph | pt |
┃ Davis David 1yr | pt |
 |┃ Deacon Pierce W | pt |
┃ Dawho John | pt |
┃ Davis James |pt |

True  Extract from the original muster roll of "Rawling's Regt"


Roll of
George G. Bunn
Regt Land Off Md

The Muster Roll  from which the above is copied is arranged alphabetically, and I have spied the names all that persons, as they appear, under the head of the letter upon the roll is the name of Levin Davis
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with the letter W opposite his name without any date as to the time he entered the service or when he left it. It also appears by the muster roll of "Rawlings Regiment" as also of the muster rolls of the whole of the Maryland Continental troops in the war of the revolution that where a person appeared to have enlisted "for during the war" the letter W is put opposite his name and in some places it is written out "War" and where he enlisted for three years the figure "3" is put opposite his name and in some places it is written "3 yrs" - I should therefore presume from the muster roll that Levi Davis enlisted for the war but whether he was mustered in service or not it is impossible to say as the rolls afford no evidence of the date of his enlistment the time of his discharge, or of his ever having received pay for his revolutionary services.

The records of the revolution are very imperfect, and the above is the only evidence that can be furnished from the records here of the service of Levi Davis.

George G Brewer
Reft Land Off Md

August 24th 1847

(Cd copy of Muster Roll - S. Smith)

This together with the letter of the commissioner admitting Levi Davis was in the service is conclusive proof against the government of the claim of Davis - the presumption being also in favor of innocence. We rely upon it, and the department must show that Davis left the service dishonorably - it is not for us to show that he left honorably - they admit him in the service - now let them show he went out in any other way than honorably if they can - if they cannot they are forced to the
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conclusion that he served out the full period of his enlistment.