Revolutionary War Pension and Bounty Land Warrant Application File R. 2717, Joseph Davis, N.C. S.C
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SERVICE N. C.   S.C. 
Davis, Joseph              
Elizabeth
NUMBER  R. 2717
CONTENTS
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No 1

State of Tennessee
Scott County SS
Declaration In order to obtain the
the benefits of the act of Congress of the 4th July 1836 one thousand eight hundred and thirty six 
On this 28th day of May 1851 eighteen hundred and fifty personally appeared before the subscriber a Justice of the peace for said County Mrs Elizabeth Davis a resident of said County aged one hundred and eight years past who being first duly sworn according to law doth on her oath make the following Declaration In order to obtain the benefit of the act of Congress passed July 4th 1836 That she is the widow of Joseph Davis was a private in the Regular service in the State of North Carolina in a company commanded by Captain Hadly that her husband the aforesaid Joseph Davis entered the service as she thinks in the year 1782 for the time of eighteen month or two years and served to the close of the war of the revolution she is confidant [confident] that he served that he served that length of time from his long absence from home she does not at this time [illegible] the battles he was in she further declares that she was married to her husband the afforesaid  [aforesaid] Joseph Davis on the 20th day of August 1773 Seventeen hundred and seventy three by publication the Rev James Logan
officiated in Orange County in the State of North
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Carolina she further declares that he
this husband the afforesaid [aforesaid] Joseph Davis died in Green County in the State of Tennessee on the 25th day of May 1811 eighteen hundred and eleven she further declares that while liveing [living] in the
French brand River in the State of Tennessee and in the absence of herself her husband and the rest of the family some mililicus [malicious] person or persons entered their dwelling and distroyed [destroyed] their papers consisting of the family records and ^her^ husbands
the afforesaid [aforesaid] Joseph Davis discharge from the Revolutionary war the one half of which she kept for many years afterwards but is now lost the other half of the discharge being distroyed [destroyed] at the time the family records were distroyed [destroyed] conciquintly [consequently] she
has no documentary proof by wich [which] she can prove to the Department her marriage with her husband the afforesaid [aforesaid] Joseph Davis and she is still a widow ever since his death as will more fully appear by refference [reference] to the proof hereunto annexed
her
Elizabeth X Davis
mark
Sworn to and subscribed on the day and year
above written before me Amos McDonald a Justice of the peace for said County and I further certify that I am well acquainted with Mrs Elizabeth Davis and full faith and credit may be given to her statements either on oath or otherwise and would be taken [illegible] care were she
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is known I further certify that she is from bodily infirmity unable to attend Court in testimony whereof I have hereunto set my hand this 28th day of May 1851
Amos McDonald
Justice of the peace

State of Tennessee
Scott County SS June term 1851 County Court
The declaration of Elizabeth Davis certified on the 28th day of May 1851 by Amos McDonald Esq. a Justice of the peace for said County being submitted to the Court the said Court doth approve of his proceedings and acts in said case and hereby direct the Clerk to endorse the approval
on the papers
Champen Duncain
Chairman of the County
Court of Scott County

State of Tennessee
Scott County  SS
I Allen McDonald Clerk of the County Court of Scott County Tennessee do hereby certify that the foregoing proceedings are the original proceedings had and approved of by the County of Scott County at its June term 1851 relative to the declaration of Mrs Elizabeth Davis to obtain the benefit of acts of Congress relative to Revolutionary pensions and I further
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certify that the aforesaid Amos M Donald is and was a Justice of the peace for said County duly commissioned and qualified according to law and that the signature purporting to be his is genuine

In testimony whereof I have herein to set my hand and affixed my seal of office at Office in Huntsville this 7th of June 1851
Allen McDonald Clerk
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State of Tennessee
County of Scott 
County Court October Term 1854

Declaration, in order to obtain the benefit of the act of Congress of 4th July 1836

Be it known, that at a Court held in and for Scott County Tennessee, on this the 1st Monday of September, it being the 2nd day of said month, Robert L Davis, a resident of said County personally appeared in open Court and made oath to the following declaration that he is one of the only surviving children of the late Joseph Davis, a reputed soldier in the war of the American Revolution, and Elizabeth Davis deceased, late widow of said Joseph Davis. That he knows nothing personally of the services of his said father Joseph Davis, or of his intermarriage with his mother, said Elizabeth Davis but refers the department to the papers on file in the Pension Office for particulars in reference to them.

Affiant further declares that said Elizabeth Davis, his mother, died on or about the 16th day of December in the year 1851 (eighteen hundred and fifty one) and that she left the following named only surviving children, Walter Davis, Rebecca Lewallen, Milly Lewallen and affiant in this declaration. Affiant would further declare that there never has been and is not now any family record of the marriage of said Joseph Davis to his said mother, Elizabeth Davis or of the ages of their children
[signed] Robert L. X. Davis his mark

Sworn to and subscribed in open Court the day and date above written, and it
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further certified by the Court that satisfactory evidence has been produced in open Court to show that Elizabeth Davis, the surviving widow of Joseph Davis, a reputed soldier in the War of the American Revolution, died on or about the 16th day of December A.D. 1851, leaving the following only surviving children, Walter Davis Robert L Davis, Rebecca Lewallen, formerly Rebecca Davis, and Milly Lewallen, formerly, Milly Davis

In testimony whereof I have hereunto set my hand, in the Court House at Huntsville Tennessee this 2nd day of October 1854
Pleasant Chambers
Chairman of Scott County Court

State of Tennessee
County of Scott
I John Lewallen Clerk of the County Court of said County do hereby certify that Pleasant Chambers is Chairman of the County Court of our said County, and that the signature purporting to be his is genuine and that the foregoing proceedings were had, as is stated in his certificate

In testimony whereof I have hereunto set my hand and affixed my official seal at Huntsville Tennessee this 6th day of October 1853
John Lewallen Clk
by James McDonald D.C.
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Service: ___________
Enlisted: __________, 18__
Discharged: _______, 18__ 
Application filed: ____, 18__
Alleges: _____
Re-enlisted: _____
Attorney: _____
P.O. _______
____ Recognized.  _____ Contract
_____ Cert of Dis.  Searched for ____, 18__
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Elizabeth Davis widow of Joseph
Tennessee
Suspended

See let R W Bennett July 31 49

Hon W M Churchill Feby ?
J W Newman Sep 24 ?
Hon W M Churchill May 24
Joseph [illegible] July 15 1853
Act 4 July 1836
(over)

For letter of Dist Attorney in case of
Russell Hatfield 5.979
? 2/1848
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1836
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Act July 4 1836
Elizabeth Davis widow Joseph
Tenn
[first eight lines below crossed out}
R.M. Bennett 30 July 1849
Hon. W. M Churchwell Feb 23. 1852
J. W Newman Mach 24. 1853
Hon W.M. Churchwell May 4 "
J. W. Newman July 15 "
Hon. W. M. Churchwell May 3 1854
H. L. Martin Sept 8. 1854
J. C. Brent July 5. 1855
same Jany 10 1856
same Feb 1 "
same March 8"
-

J. C. Ramsey, Dist Atty
March 28, 1860 inclosing papers & letter

For letter to Dist Atty of Feb 2, 1848 see case of Rachel Hatfield 5.979
-
See letter J. C. Ramey & J. W. Newman Feb. 28. 1860
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for letter of Dist Attorney see case of Rachel Hatfield 5979 2 Feby 1848

see let to J. C. Ramsey & J.N. Newman Feb 28 1860
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Elizabeth Davis
widow of Joseph
Tennessee

M Bennett July 31 1842
on Will Churchwell Feby 23 '52'
Newman Mch 24 '53-
Churchwell May 24 1853
W Newman July 15 1853
Hon Wm Churchwell May 3/54f
H L. Martin 8 Sep./ 54 JC
Brent July 5 1855 same Jany 10 1856
Same March 8, 1856
Let. J. CRamsey Mch 27/60

July 4 1836
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Knoxville Tennessee
Aug the 7 1832
Hon. Wm M Churchwell
Sir,
Enclosed you will please find the additional evidence required by the Department, in
the case of Elizabeth Davis

Yours with great respect
Jas. W. Newman
For Tage W. Newman
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State of Tennessee
Scott County
On this 18th day of October 1851 personally appeared before the Subscriber a Justice of the peace for said County John Carson aged Seventy seven years who being first duly sworn according to Law doth on his oath make the following affidavit that he is well acquainted with Mrs. Elizabeth Davis who at this time resides in this Scott County Tennessee, affiant was also acquainted with her husband Joseph Davis while living in Green County Tennessee he further declares his first acquaintance with the aforesaid Joseph Davis in said County was in the year --- while in Fort on the French Broad River

The aforesaid Joseph Davis has often told the affiant that his Father was in the same Company and that his Father was killed in the war of the Revolution. The affiant further declare that the aforesaid
Joseph and Elizabeth Davis ware living together in the relation of man and wife and that children grown to mans estate [my estimate?] the affiant thinks between twenty and twenty five years of age
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Affiant well recollects having frequent conversations with the aforesaid Joseph Davis about the services rendered in the war of the Revolution and his serving as a regular soldier in said war and up to the close of the same; he also heard him the aforesaid Joseph Davis say he had his papers distroyed and with them his discharge

The affiant farther declares that the said Elizabeth Davis is the identical widow of Joseph Davis who lived in Green County in the State of Tennessee and from what he has often heard that Joseph and Elizabeth Davis some time during the war of the Revolution
[signed] John X Carson his mark
Witness
Marrass Forster

Sworn to and subscribed before me Amos McDonald, an acting Justice of the peace for said County and I further certify that I am well acquainted with Mr. John Carson and that full faith and credit may be placed in his statement and his oath would be taken in any Court where he is known

In testimony whereof I hereunto set my hand this the 18 day of October one thousand eight hundred and fifty one
Amos Mcdonald
Justice of the peace
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State of Tennessee
Scott County SS
I Allen McDonald of Clerk of the County Court of Scott County do hereby certify that the aforesaid Amos McDonald is and was an acting justice of the peace for said County duly commissioned and qualified according to law and that the signature purporting to be his is genuine

In testimony whereof I have hereunto set my hand and affixed my seal of office in office
at Huntsville this 18 day of October 1851
Allen McDonald
Clerk
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State of Tennessee Scott County
On this the 20th day of June 1851 personally appeared before the subscriber a justice of the peace for Scott County of the State of Tennessee Mr. Drewry Carrel aged eighty one years past, who being first duly sworn according to law, doth on his oath make the following affidavit; that he is well acquainted with Mrs. Elizabeth Davis who at this time resides in this Scott County in the State of Tennessee and at a very advanced age, but quite intelligent as to the events of the Revolutionary War, Affiant further declares that he was also well acquainted with her husband Joseph Davis in Orange County in the State of North Carolina, and afterwards in Green County in the State of Tennessee where the aforesaid Joseph Davis died at the mouth of Little Chucky River in said county, a short time previous to the commencement of the war of 1812. Affiant farther declares that he well recollects the Revolutionary War but was too young to participate in the same, he also recollects being at the house of the aforesaid Joseph Davis, while the aforesaid Joseph Davis was absent in the army of the Revolution the affiant living in the same neighborhood.
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and that at the close of the war remembers his return home from the army; he further declares that he has had frequent conversations with the aforesaid Joseph Davis about the war, and had heard him say that he Joseph Davis was discharged before his term of enlistment was quite out, owing to the fact of peace being made. Affiant is positive of the marriage taking place previous to the termination of the last service of Joseph Davis , to Elizabeth Davis his wife, or that the relation of man and wife existed previous to that event. The affiant was not present at the marriage and Elizabeth Davis who is applying as he understands for a pension is the identical widow of Joseph Davis who served in the War of the Revolution as he fully believes.
Witness TT Davies his mark Drewry Carrel
Sworn to and subscribed before me Amos McDonald, an acting justice of the peace for said county and I farther certify that I am well acquainted with Mr.. Drewry Carrel and that full faith and credit may be placed in his statement and his oath would be taken in any court where he is known.
In testimony whereof I hereunto set my hand this the 20th day of June one thousand eight hundred and fifty one
Amos McDonald
Justice of the Peace
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State of Tennessee Scott County
I Allen McDonald clerk of the county court of Scott County do hereby certify that the aforesaid Amos McDonald is and was and acting Justice of the Peace for said county duly comissioned and qualified according to law and that the signature purporting to be his is genuine.
In testimony whereof I have hereunto set my hand and affixed my seal of the office at Huntsville this 21st day of June 1851 Allen McDonald clerk
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State of Tennessee
Morgan County
on this the 23rd day of July one Thousand Eight hundred and fifty one personally appeared before me James S Duncan an acting Justices of the peace for said County Mr Walter Davis and after Being Duly Sworn according to law makes the following Statement that he is well acquainted with Mrs. Elizabeth Davis his mother and was well acquainted with Joseph Davis the husband of Elizabeth Davis, I myself being of the age of Seventy two according to the best information that I have I have often heard my father Joseph Davis say that he was in the service of the Revolutionary war and state that he has heard others, say that Joseph Davis his father was in that war and the said Walter Davis also states that the said Joseph Davis his father and Elizabeth Davis was always called as man and wife and that he knows nothing to the contrary and from the best information that he has he thinks that Joseph Davis at his death was about Eighty years old the said Walter Davis States that the said Joseph Davis has been dead about forty years according to the best of his recollection on that his wife Elizabeth Davis have ever since Remained A widow and that she is living in the County of Scott Tennessee and that Joseph Davis died in Green County Tennessee
[signed] Walter X Davis his mark
Attest
W S Newman
[illegible signature]

Sworn and subscribed before me  James S. Duncan Justice of the peace of said County and I further certify that Walter Davis is A man in high standing in his neighborhood, and that his oath would be
taken in any Court where he is known, and further believes that he is of the age that he says, he is in the above declaration in
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whereof I have here unto set my hand on the -- of July one thousand Eight hundred and fifty one 
James S. Duncan
Justice of the peace for said County

State of Tennessee
Morgan County
This Declaration made on the 25th day of July one thousand eight hundred and fifty one personally appeared Before James S. Duncan one of the acting Justices of the peace for said County Milley Andrews and makes the following Affidavit that she is now in her sixty seventh year of her age and says that she is acquainted with Elizabeth Davis widow of Joseph Davis that served in the war of the Revolution and say that Joseph Davis and Elizabeth Davis lived together as man and wife until the death of Joseph Davis and that the said Elizabeth Davis has been a widow ever since the death of said Joseph Davis and she states that she knew them when she was about ten years of age in Green County also states that Elizabeth Davis is A Residence of Scott County, Tennessee and she further states that when she first knew Joseph Davis and Elizabeth Davis it was about the year of 1795 and that she had eight children and the eldest was about Eighteen years old.
[signed] Millie X Andrews her mark
Attest
Elisha Hall
Garret Hall

Sworn to and subscribed Before me James Duncan Justice of the peace of said County and I further certify that
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I am acquainted with Miss Milley Andrews and that she is a woman of good Standing and that her oath would be taken in any Court of Justice where she is known given under my hand and seal this the 23 of July 1837
James S Duncan
Justice of the peace of said County

State Tennessee
Morgan County SS
I G W Keith Clerk of the County Court of the County aforesaid do hereby certify that James Duncan whose name appears to the foregoing affidavit is an acting Justice of the peace in & for said County and State aforesaid duly commissioned and qualified to administer oaths and that the signatures above purporting to be his is genuine

In testimony whereof I have hereunto set my hand and affixed my seal of office at Office in Montgomery the 25 day of July 1837
G W Ruth Clerk
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STATE OF NORTH CAROLINA,
OFFICE OF SECRETARY OF STATE.
I, WILLIAM HILL, Secretary of State, in and for the State of North Carolina, do hereby certify, that it appears from the muster-rolls of the Continental line of this State, in the Revolutionary War, that Joseph Davis was a private Soldier in Capt. Hadley's Company of the 10th Regiment, entered the service on the first day of August 1782, for the term of eighteen months

Nothing more is said of him on said rolls

Given under my hand this 25th day of June 1851. 1851
W. Hill Secretary State
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7543
Elizabeth Davis
widow of Joseph
Tennessee
Declaration 1849

Act 4 July 1836
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State of Tennessee
Morgan County 
I certify that the above named affiant is personally known to me and has been for the space of 20 years and am fully satisfied with the above statements that they are just and true
B Thompson
Justice of the Peace

State of Tennessee Morgan County
Be it Known that on the 13th day of July 1849 before me a Justice of the peace in and for said County personally appeared Andrew Lewallen and made oath that in due form of Law that he has been acquainted with Elizabeth Davis the above affiant for the space of 33 years that from her moral character that he would be fors to give her oath credit and that he knows that she was said to be the wife of Joseph Davis
[signed] Andy X Lewallen his Mark
Before me
B Thompson
Justice of the Peace

State of Tennessee
Morgan County 
I do hereby certify that I am personally acquainted with Andy Lewallen whose name appears to the above affidavit and that he is a reputable citizen of Morgan County duly entitled to full faith and credit
Given under my hand at Office in Montgomery this 19th day of July 1849
G M Keith Clerk
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State of Tennessee 
Morgan County 
on this the 13 day of July 1849 personally appeared before me Blagton Thompson a Justice of the peace for said County Elizabeth Davis a resident of said Morgan County aged one hundred and
Six years and who being first duly sworn according to law doth on her oath make the following declaration for the purpose of receiving the benefit of the act of Congress for the survivors of the Revolution that her husband the late Joseph Davis Served five years as a private in the Revolutionary War that he belong to South & North Carolina line; that she held in her hands the discharge of her husband Joseph Davis by some means or other she lost or mislaid it on also she live in North Carolina at the time the County forgotten and also she was lawfully married to Joseph Davis that she can not Identify her marriage only by her on Affidavit that she files this affidavit for no other purpose to draw a pension or to receive the benefits of the acts of Congress past for the benefits of the survivors of the Revolution and also that their husband Joseph Davis has been dead for the space of 40 years and that she has continued to be a widow ever since. That she moved to Green County Tennessee from the Morgan County and has lived there Ever since
[signed] Elizabeth X Davis her mark
in the presence of
H Lewellen
Walter Lewellen

Sworn to and subscribed the day and year last above mention before me-
B Thompson
Justice of the Peace
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State of Tennessee
Morgan County
I G W Keith Clerk of the County Court of the County and State aforesaid do hereby certify that B 
Thompson is a Justice of the peace in and for County duly commissioned and qualified that his commission was dated on 28th day of March 1848 and will expire on the 28th day of March 1854
and that his signature to the within certificate is genuine

Given under my hand and the seal of said County at office in Montgomery this 19th day of July 1849

G W Keith
Clerk
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77 271
Pens. Office
Feby 25. 1832
Sir
The supplemental declaration of Elizabeth Davis is received. In her first, she stated that her husband served in the South Carolina and North Carolina lines for 5 years. But she could recollect no more and did not even in the name of the County in which they lived, what circumstance has so  refreshed her memory that she can now designate the name of his officers, the period of his enlistment and the fact that he only engaged for 18 months, which he did not serve out, is not stated. The witnesses who are introduced to support the claim knew nothing of his service, and there is not a single reliable particle of testimony to connect him with the man who was under Captain Hadley. It should be added that her account of the manner in which
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his discharge was lost differ in the two declarations. The certificate of the Clerk of the County Court in which she was married must be produced as to that event. And the testimony of some one who can speak per personal knowledge of her husband's service will be required.

---
Hon W.M. Churchwell
H of Reps
Page 31

Washington
Dec 28 1855
Sir,
Herewith please find the Certificate of the Clerk of the Court of Orange County N.C. in the case of Elizabeth Davis widow of Joseph introduced so as to allow parol evidence in proof of Marriage - This Certificate bears date 22 Apl 1855 it having been accidentally overlooked as it was intended to be included in my communication of June last.

Presuming that there exists an obstacle as to the allowance of this case I take leave to bespeak
for it an early consideration

With great Respect
J. Carroll Brent
RC

Hon J Minot
Commr of Pensions
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J Carroll Brent
July 5/55
Page 33

Penne Office
July 5, 1855.
Sir
I have filed the papers which accompanied your letter of the 28th ult, in support of the claim of Eliza Davis, Widow of Joseph, and the testimony contained therein in no degree address The objection to its admission so fully stated the accompanying copy of a letter as supplied to the Hon. W. A. Churchwell of the House of Representatives, on the 3d of May 1854.


J. Carroll Brent Esq
Present
Page 34

Washington 28th June 1855
Sir
Herewith please find additional evidence in the Case of Elizabeth Davis Widow of Joseph of
Tenn. Do me the favor to give this case an early reexamination
Respy
J Carroll Brent
C

Hon L P Waldo
Comm'r Pensons
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Tennessee
Page 36

State of North Carolina
I George Laws Clerk of the Court of Pleas and Quarter Sessions for Orange County in the State of North Carolina do hereby certify that I have made diligent search in my office for a marriage bond between Joseph & Elizabeth Davis and have not been here to find any such record in my said office

In Testimony whereof I have hereunto subscribed my name and affixed the Seal of said Court at office in Hillsborough this 15th day of June 1855
Geo. Laws CCC
---
Sir I have long since & made a copy as above and directed it to you why you have not yet
received it I am unable to tell
Respectfully
Geo. Laws Clerk
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State of North Carolina
Orange County
I, George Laws Clerk of the Court of Pleas and Quarter Sessions for Orange County in the State of North Carolina do hereby certify that I have made diligent search in my office for a Marriage Bond between Joseph Davis and Elizabeth Davis and can not find it amongst the the Records in my office or elswhere

In Testimony whereof I have hereunto set my hand and affixed the seal of said Court at office in Hillsborough This 2d April AD 1855
Geo Laws CCC
-
Hillsborough 2d April 1855
My Dear Sir
pleas find a certificate above which I hope will answer your purpose. the oldest marriage Bond in my office is in 1781 and perhaps the marriage took place before that time

Very respectfully Yours
Geo. Laws

To
James W Newman Esqr
Page 38


Copy
Pension Office
8th Sept., 1854

Sir,

The claim of Elizabeth Davis widow of Joseph of Tennessee has
been examined,

The Declaration of Milly Llewellen has not been made in open court,
as required by the rules of this office. The evidence as to the date of
the marriage is insufficient. The certificate of the Clerk of the court
as to the names and number of the surviving children is not a certificate
of a Court of Record and is insufficient,

H. L. Martin, Esqr.
Present
Page 39

Hon W M Churchwell
May 5/54
Page 40

Pension Office,
May 3. 1854
Sir
I have very carefully examined the papers filed at various times in support of the claim of Elizabeth Davis, widow of Joseph, for pension under the act of 4th July 1836, and am constrained to state that the proof does not satisfy me that the husband of claimant performed the service certified by the Secretary of State of North Carolina and that, if this were even admitted, that the duration of the service so certified is not satisfactorily established 

In the first Declaration of the widow to particulars of her husband's service or of the names of the officers, are given. Her subsequent declaration, with all the proof in the case, was perfected after the date of the Secretary's Certificate, and, therefore, not to be relied as corroborative  proof, on the ground of coincidence as to the name of the Captain.

The direct proof independent of more hearsay evidence of identifying the husband of Claimant with the soldier, consists of the affidavit of the two Smiths and the two Hardins - The two
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former were evidently not in a position to know the facts to which they testify. Besides one of them swears as of his own knowledge that the Joseph served the whole eighteen months, while the fact  is clear that the soldier did not not complete the term of his enlistment.

The testimony of James and Rawlin Harden  has been necessarily laid out of the case  altogether, it being totally inconsistent with the known facts. For example they both testify positively, (and with the asserion that they distinctly recollects" the facts that Davis in the year 1780 or 1781 was in service in Captain Hadley's Company. The soldier of that name did not enter that company until
August, 1782. James Hardin, swears that Davis and family removed from South Carolina to Burk County in North Carolina in 1779. the widow swears that she was married in Orange County, North Carolina in 1793, and the whole proof shows, if it shows any thing, that they remained there till they removed to Tennessee. Again James swear positively that while he himself was in the service in 1780, or 1781 he visited "the place where said Joseph was encamped, and said Joseph Davis
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told him then that he was in Captain Joshua Hadley's Company and Col Joseph McDowell's Regiment" If Hardin could be relied upon as to any fact he surely might be as to the date of his own service and yet this statement would show Davis in service at a different time from that certified. It likewise so happens that Hadleys Company was not in Sheppards Regiment (10th North Carolina line) and that McDowell So far from being Colonel of the regiment to which Hadley's Company belonged, was not an officer in the North Carolina line at all

For these reasons the claim is again Suspended. This letter is addressed to you, but of course with the view of being communicated to M. Newman, the attorney in the case

Very respectfully
JC


Hon Wm M. Churchwell Esqr
House of Reps
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James W Newman 
July 15/53
Page 44

Pension Office
July 15, 1853
Sir,
In the case of Elizabeth Davis dec'd widow of Joseph, of Tennessee under the act of July 4, 1836, the additional proofs have been examined.

The declaration of Milly Llewellen should have been made in open court. 

There is not sufficient proof of marriage or its date, yet presented. The certificate of the clerk as to who are the surviving children of the widow is not the certificate of a Court of record.

Jas W. Newman Esq
Knoxville
Tenn
Page 45

Hon. W.M. Churchwell
May 24/53
Page 46

364
Pension Office
May 24 1853

Sir
I herewith enclose the letter of Mr Jos. W Newman and have the honor to inform you that the case of Sally Elizabeth Davis was reported to him Mch 24, and that no such papers as he describes in the case of Catherine Miller appear on our files, some further information must be given


Hon Wm M. Churchwell
Knoxville
Tenn
Page 47

Knoxville Tennessee
April 10th/153
Sir,
Enclosed you will please find additional evidence in the case of Elizabeth Davis widow of Joseph
as required by your communication of March last,

I think the Pension office would be wanting in its usual liberality if it were so require "evidence of soldiers who served with him under Capt Hadley, as, in all human probability, they are every one dead

The evidence enclosed is submitted for your consideration

Very respectfully
Your Obt Servt
Jas W. Newman
Page 48

Hon L P Waldo
Let have reply to this
W M Churchill
24 March 1854
Page 49

Knoxville Ten.
March 19th 1854
Hon. Wm M. Churchwell
Dr Sir;
I wish you to inquire at the Pension Office in reference to the claims of Mrs. Davis and Hatfield, Maj. Ramsey informs me that he made a report upon the inquiries sent to him , long since. If the Department is not satisfied with the investigation already made I want you to insist upon their investigation by a special agent I am tired of having our claims being "hung up", there in the Pension office, for "suspicion of fraud", and having to wait forever for an examination. Will you have the kindness to attend promptly to this request,

Very respectfully
your friend &c,
James W. Newman

P.S. Taylor beats Milligan about six hundred votes for Congress.
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J. W. Newman
letter Aug 22/53
Page 51

Knoxville Tennessee
August, 22nd 1853
Sir,
Enclosed you will please find the requirements of that portion of your report, in the case of
Elizabeth Davis widow of Thomas decd of the 15th of July last, which refers to the date of the death and the names of the surviving children as to proof of marriage I would refer you to the evidence now on file. There are to my own personal knowledge at least five witnesses who swear positively to the fact that the marriage took place prior to the termination of the last service of the husband Thos Davis.

You cannot but admit the claim if you examine the evidence upon that point

Very respectfully,
Jas. W Newman

L P Waldo,
Commissioner of Pensions,
Washington City, D.C.
Page 52

2717 R
Elizabeth Davis
Ten
Page 53

(Copy)
State of Tennessee
County of Scott  SS
On this 2nd day of April A.D. 1853, before the subscriber, an acting Justice of the Peace, in
and for said County duly authorized by law to administer oaths, personally appeared Mr James Hardin, a resident of the County of Campbell and State aforesaid, aged eighty nine years past, and made oath in due form of law that he was well acquainted with Joseph Davis who was a soldier in the War of the American Revolution. That he knew said Joseph Davis in the County of Burke in the State of North Carolina. That in the year A.D. 1779 the family of said Joseph Davis moved from South Carolina to Burke County North Carolina in company with the family of affiants father, who settled in Mecklenburg County North Carolina. That in the year A.D. 1780 or 1781, affiant entered
the service himself in a company of "Scouts" commanded by Capt Conrad Hise of Mecklenburg County North Carolina and served a tour of two months and three weeks which was all the service performed by affiant in the "Revolutionary War" and that during the short expedition in which affiant was engaged, affiant was at the place where said Joseph Davis was encamped, and said Joseph Davis told him then that he was in Captain Joshua Hadleys company and Colonel Joseph
McDonels Regiment, and that he well remembers the conversation which he then had with said Joseph Davis in regard to their commanding officers, the prospect of the war and the fatigues they were then undergoing, and that he has since then been frequently in company with said Joseph Davis and conversed about the above circumstance. Affiant further declares
Page 54

that he was well acquainted with Elizabeth Davis, who was the widow of said Joseph Davis and died in this, Scott County Tennessee in December AD 1851. That to affiants own personal knowledge said Elizabeth and Joseph Davis were married and living together as man and wife during the service aforesaid of said Joseph Davis. Affiant further declares that he is old and infirm but he remembers the foregoing facts distinctly. (signed) James Hardin.
Sworn to and subscribed the day and date above written and I further certify that James Hardin who makes the foregoing affidavit is of the age he represents himself to be and is a man in whom full faith and credit may be placed and his oath would be taken in any court of Justice where he is known.
9signed0 Amos McDanal J.P.

State of Tennessee
County of Scott S.S.

On this the 2nd day of April A.D> 1853, before the subsciber, an acting Justice of the Peace in and for said county, personally appeared Mr Rawlin Hardin, a resident of Campbell county Tennessee aged eighty seven years past, and made oath in due form of law that he was well acquainted with Joseph Davis who was a soldier in the North Carolina Line in the War of the American Revolution. That he knew him first in South, and then in, North Carolina, and that although affiant did not perform any actual service in said war, he knew said Joseph Davis when he entered the service in the year 1780 or 1781 in the town of Morgantown, in the county of Burke i North Carolina in the company of Capt Joshua Hadley. Affiant further declares
Page 55

that he was frequently at the house of said Joseph Davis while he was absent in the service, and that Elizabeth Davis late of this county, and an applicant for a Revolutionary Pension was then living together as man and wife and had several children, and when she died was the widow of said Joseph Davis. Affiant distinctly remember the facts contained in the foregoing affidavit
(Signed ) Rawlin Hardin

Sworn to and subscribed the day and date above written and I further certify that, although, I am personally acquainted with Rawlin Hardin who made the foregoing affidavit, from the best information I can obtain he is a man in whom full faith and credit may be placed and his oath would be taken in any court of Justice where he is known
(signed) Amos McDanal J. P.

State of Tennessee
County of Scott To wit:
I Allen McDonald, Clerk of the County Court of said County, do hereby certify that Amos McDonald, Esq. before whom the foregoing affidavits were had, is an acting Justice of the Peace,
in and for said county, duly commissioned and sworn, and the and signatures purporting to be his are genuine
Witness my hand and official seal, this the 5th day of April A.D. 1853
(signed) Allen McDonald Clerk
Page 56

R M Bennett
July 31 47
Page 57

Pension Office
July 31. 1849

Sir
the declaration of Mr Elizabeth Davis, widow of Joseph Davis has been examined and filed with
papers under act 4th July 1836. In order to a proper examination of her claim she should make a declaration drawn up in conformity with the blank form contained in the enclosed printed sheet and produce such proof of her marriage as is therein required. If her husband served in the North Carolina troops application should be made to the comptroller or Secretary of State of North Carolina for proof of the service as it may be found on record. In the service was in South Carolina, the Comptroller General of that state at Columbia may be able to furnish some record evidence.

R. M. Bennett Esq
Morgan C. H.
Tenn
Page 58

Belongs to case
of Elizabeth Davis
Act 4 July 1836
Susp  Tenn
__________

forwarded by
Copied to [illegible] J.W. Newman
J. C. Ramey
[illegible]
Page 59


State of Tennessee
County of Scott SS
On this the 2nd day of April A.D. 1853, before the subscriber, an acting Justice of the Peace, in and for said county duly authorized by law to administer oaths, personally appeared Mr James Hardin a resident of the county of Campbell and State aforesaid, aged eighty nine
years past, and made oath in due form of law
that he was well acquainted with Joseph Davis
who was a soldier in the War of the American
Revolution. That he knew said Joseph Davis in
the county of Burke in the State of North Carolina. That in the year A.D. 1779 the family of said Joseph Davis moved from South Carolina to Burke County North Carolina in company with the family of affiants fathers who settled in Meclenburg County North Carolina
That in the year A.D. 1780 or 1781, affiant entered the service himself in a company of "Scouts" commanded by Capt Conrad Hise of Meclenburg County North Carolina and served a tour of two months and three weeks which was all the service performed by affiant in
the "Revolutionary War", and that during the short expedition in which affiant was engaged, affiant was at the place where said Joseph Davis was encamped, and said Joseph Davis told him then that he was in Capt Ian Joshua Hadley's Company and Colonel Joseph McDowels Regiment, and that he well remembers the conversation which he then had with said Joseph Davis in regard to their commanding officers, the prospect of the War
and the fatigues they were then undergoing and that he has since been frequently in company with said Joseph Davis and conversed about the above circumstance
Page 60

Affiant further declares that he was well acquainted with Elizabeth Davis, who was the widow of said Joseph Davis and died in this, Scott County Tennessee in December A.D. 1851. That so affiants own personal knowledge said Elizabeth and Joseph Davis were married and living together as man and wife during the service aforesaid of said Joseph Davis. Affiant further declares that he is old and infirm but he remembers the foregoing facts distinctly. 
[signed] James Hardin
Sworn to and subscribed the day and date above written and I further certify that James Hardin who makes the foregoing affidavit is of the age he represents himself to be and is a man in whom full faith and credit may be placed and his oath would be taken in any Court of Justice where he is known
[signed] Amos McDanal J.P.

State of Tennessee
County of Scott S.S.

On this the 2nd day of April A.D. 1883, before the subscriber, an acting Justice of the Peace in and for said county, personally appeared Mr
Rawlin Hardin, a resident of Campbell County
Tennessee aged eighty seven years past, and made oath in due form of law that he was well acquainted with Joseph Davis who was a soldier in the North Carolina Line in the War
of the American Revolution. That he knew him
first in south, and then in North Carolina, and
that although affiant did not perform any actual service in said War, he knew said Joseph Davis when he entered the service in the year 1780 or 1781 in the town of Morganton in the County of Burke in North Carolina in the company of Capt Joshua Hadley
Page 61

Affiant further declares that he was frequently at the house of said Joseph Davis while he was absent in the service, and that Elizabeth Davis late of this county, and an applicant for a Revolutionary Pension was then living together as man and wife and had several children, and when she died was the widow of said Joseph Davis. Affiant distinctly remembers the facts contained in the foregoing affidavit
[signed] Rawlin Hardin

sworn to and subscribed the day and date above written and I further certify that, although, I am
personally unacquainted with Rawlin Hardin who made the foregoing affidavit, from the best information I can obtain he is a man in whom full faith and credit may be placed and his oath would be taken in any Court of Justice where he is known
Amos McDanal
J.P.
Page 62

State of Tennessee
County of Scott
To wit
I, Allen McDonald, Clerk of the County Court of said county, do hereby certify that Amos McDonald, Esq. before whom the foregoing affidavits were had, is an acting Justice of the Peace, in
and for said county, duly commissioned and sworn and the signatures purporting to be his are genuine.

Witness my hand and official seal, this the 5th day of April A.D. 1853.
Allen McDonald Clerk
Page 63

199
Pension office
March 8, 1853
Sir,
I have examined and filed the additional testimony submitted by you to establish the claim of Elizabeth Davis widow of Joseph, and you an informed that it does not meet a single requisition of
my letter addressed to the Hon W. M. Churchwell on the 25th February last. John Smith, one of the
affiants was two young, according to his own a statement to participate in the war and William Smith only saw Davis in in the service. That testimony is not sufficient. We want the evidence of Davis's commander in the war who served with him in Hadley's company and knew he was
attached to that company. The date
Page 64

of the marriage is also not proven if there is no church, or Family Record in existence it must be shown by the certificate of the county clerk of the County in which it is alleged to have taken place. You are referred to the requisition of my letter of the 25th February 1852, and until they are complied with the claim cannot be admitted

Jos. W Newman Esq
Knoxville
Tennessee

Jos. W. Newman
Mar 24/53
Page 65

State of Tennessee
County of Scott  To wit:

Be it known, that on on this the -- day of July 1852, personally appeared before the subscribing Justice of the peace for said County, Mr Wm Smith aged eighty five years past, a resident of said county, and made oath in due form of law, that he was well acquainted with Joseph Davis in the State of North Carolina. That the said Joseph Davis served. As affiants own personal knowledge in the War of the American Revolution. That he often seen him, Joseph Davis in service and thinks that it was Cap. Hadley under whom he served Affiant further declares that he was well acquainted with Elizabeth Davis the wife of Joseph Davis aforesaid and that he knew them to be living together as man and wife previous to the last service of the husband Joseph Davis. Affiant further declares that he cannot be mistaken as to the truth of the foregoing facts, from the fact that he lived in the same neighbourhood with Joseph and Elizabeth Davis aforesaid and has seen him often since they moved to this country and know Elizabeth Davis who died on the day of Nov
A D 1851 at have been the wife of the identical Joseph Davis above mentioned
[signed] Wm X Smith his mark

Sworn to and subscribed the day and date above written before me and I further certify that Wm 
Smith is of the age he represents himself to be and is a man in whom full faith and credit may be placed and his oath would be taken in a Court of Justice where he is known 
Amos McDonal
Justice of the peace for
Scott County Te
Page 66

[all text crossed out}
State of Tennessee
Morgan County
Be it known on this 30th day of July 1852, came before the undersigned, one of the acting Justices of the Peace of and for said County & State above written duly commissioned and sworn as such &c - Rufus M Bennett, a credible witness who having been sworn by me in due form of law, deposes and says That he was agent or attorney for Mrs Elizabeth Davis-- present of Scott County Tennessee, and for her made out and filed the first declaration for a pension. Mrs Davis always told affiant that her husband was  in actual service five years and eight months , in the Revolutionary War, a portion of said term in North Carolina, the balance in South Carolina. Affiant  further declares hat Mrs. Elizabeth Davis aforesaid always told him her husband did five years service, but that she would be unable to establish only eighteen months service in North Carolina
---
Sworn to and subscribed before me this 30th July 1852, and I certify that affiant R M Bennett, is a credible and reliable witness and that his testimony would be received in any Court of Justice, where he is known. In testimony whereof I have hereto set my hand on the day and year above written
Justice of the peace for Morgan County
Page 67

State of Tennessee 
Morgan County 
on this 30th day of July 1852, came before the undersigned, one of the acting Justices of the
Peace of and for said County & State duly commissioned and sworn as such &c - Rufus M Bennett, a credible witness who having been sworn by me in due form of law, deposes and says
That he was agent or attorney for Mrs Elizabeth Davis-- present of Scott County Tennessee, and for her made out and filed the first declaration for a pension. Mrs Davis always told affiant that her husband was five years in actual service, in the Revolutionary War, a portion of said term in North Carolina, the balance in South Carolina. Affiant at the time of filing declaration presumed, that the department, had rolls of the soldier of that war, and that all that was necessary was to state the length of service
R.M. Bennett
---
Sworn to and subscribed before me this 30th July 1852, and I certify that affiant R M Bennett, is a credible and reliable witness and that his testimony would be received in any Court of Justice, where he is known. In testimony whereof I have hereto set my hand on the day and year above written
J. Ford, Justice of the peace for Morgan County
Page 68

State of Tennessee 
Morgan County
I Geo W Keith, Clerk of the County Court of said County and State, hereby certify that Julius F Scott  Esq before whom the foregoing deposition of Rufus Bennett was taken, was at the date thereof, the time of taking the same, and still is an acting Justice of the Peace of and for said County and State, duly commissioned and sworn as such I am well acquainted with his signature and believe the signature appeared to his foregoing certificate is indeed his and genuine.

In testimony whereof I have hereto set my hand and affixed my official seal at my Office at
Montgomery Morgan Co Tennessee this 30th day of July 1852
G.W. Keith
CCC Morgan Co. Tenn
Page 69

State of Tennessee
County of Scott  S S.
Be it known, that on this the 20th day of July A.D. 1852 personally appeared before the subscriber, an acting justice of the peace in and for the county and State above written, Mrs. Mille Lewallen, and made oath in due form of law that she is the daughter of Elizabeth Davis who was an applicant for a revolutionary pension, under the act of Congress of July the 4th 1836 and died on the 30th day of November A.D. 1851 leaving the following only surviving children as her heirs at law, Walter Davis, Robert Davis, Rebeca Davis, and affiant in this declaration. Affiant further declares, that her father Joseph Davis served, first in the State of North Carolina as she always understood, and afterwards in the in the State of South Carolina, and can establish only that of North Carolina

Affiant makes this declaration in order to obtain the amount due her mother the aforesaid Elizabeth Davis at the day of her death, under the act of Congress of July the 4th 1836, and for proof would refer the Department to that which is already upon file and that which accompanies this declaration
[signed] Milly X Lewallen her mark

Sworn to and subscribed, the day and date above written before the undersigned, and I further
certify that Millie Lewallen who makes the foregoing declaration is the daughter of Joseph and Elizabeth Davis, and is a woman in whom full faith and credit may be placed and her oath would be taken in any court of Justice where she is known. In testimony whereof I have hereunto set my hand. Amos McDonald
Justice of the peace for
Scott County Tennesee
Page 70

State of Tennessee
County of Scott

Be it known that on this the -- day of July A.D. 1852 personally appeared before the subscriber
an acting Justice of the peace in and for said county Mr John Smith aged eighty seven years past, and made oath in due form of law, that he was well acquainted with Joseph Davis who was a soldier in the war of the American Revolution. That he knew the said Joseph Davis in the State of North Carolina. and to affiants own personal knowledge he, Joseph Davis was in the service of North Carolina

Affiant further declares that he himself was too young to participate in the war, but often seen Joseph Davis while in service and the whole length of service was eighteen months. Affiant further declares that Elizabeth Davis who died on the 30th day of Nov. A D 1851, was the wife of Joseph Davis aforesaid, and they lived together as man and wife previous to the last service
of Joseph Davis aforesaid Affiant father declares that he cannot be mistaken as to the above facts, from the fact that he lived a neighbour in North Carolina of Joseph and Elizabeth Davis aforesaid
[signed] John Smith his mark

Sworn to and subscribed the day and date above written before me, and I farther certify
John Smith who makes the above affidavit must be of the age he represents himself to be
and is a man in whom full faith and credit may be placed and his oath would be taken in any court of Justice where he is known In testimony whereof I have hereunto set my hand the day and date above written. 
Amos McDonald
Justice of the peace for
Scott County Tennessee
Page 71

State of Tennessee
Scott County
To wit;
I Allen McDonald clerk of the county court in and for said County and state, do hereby certify that satisfactory evidence has been exhibited to show that Elizabeth Davis who was an applicant for a Revolutionary pension died on the 30th day of November 1851 leaving the following only surviving children Millie Lewallen, Walter Davis, Robert Davis, and Rebecca Caris I further certify that I have always heard  as a neighbourhood report that Joseph Davis the husband of Elizabeth Davis aforesaid served in the war of the American Revolution I father certify that I know John Smith and William Smith, to be men of good standing in the community. I further certify that
Amos Mc Donald is an acting Justice of the peace in and for Scott County Tennessee and the signatures attached to the foregoing papers appear to be in his own proper handwriting

In testimony whereof I have hereunto set my hand and affixed my seal of office in Huntsville Tennessee this the 28th day July A.D. 1852.

Allen McDonald
Clerk of Scott County Court
Page 72

J. Carroll Brent
March 8. 1856
Page 73

Penne Office
March 8, 1836
Sir
In Compliance with the request contained in your note of the 28th ult I had agent examine the testimony of the son of Elizabeth Davis, widow of Joseph and that the [illegible] to the identity of her husband or the soldier or his name so fully stated in my letter 3d of May 1854, to the Hon. W M Churchwell of the House of Representatives remain in full force. Until the identity is established, it is not necessary to consider the other adduced in default of Record proof to show the date of the marriage
J. Carroll Brent Esq.
Present
Page 74

J C Brent
Feby 1, 1856.
Page 75

1836

Pension Office
Feby 1 1836

Sir

I enclose a copy of a letter to Hon Will
Churchwell of the 3 May 1854 in relation
to the case of Elizabeth Davis of Tenn which
was enclosed to you on the 10th of July last
and to which I referred in my letter of the
10th Jany Ult,

1836

J C Brent Esq
Present
Page 76

J. C. Brent 
Present
January 10, 1856
Tenn   1836.
---
Page 77

Pension Office
Jany 10 1856

Sir

The Certificate of the Clerk of the County of
Orange Co N.C. has showing that to no record
of the date of the marriage of Elizabeth Davis
to Joseph Davis exists in his office, has been
filed with her papers,-

Tenn
1836/

For the character of proof necessary to
 complete the case I refer you to the letter of
the 5th July last with its inclosure
J C Brent Esq
Present
Page 78

Sir
Washington January 24 1856.

Your favor of 10thhas been received-- as I am
not in possession of the Letter of the 5th July last, to which
you refer me.  I would be very much obliged if you
will furnish me with a copy-- The case is that
of Elizabeth Davis

Respectfully Yours

John Carroll [illegible]

J Minot Esq
Commissioner of Pensions
Page 79

Washington 28th Feby 1856

Sir

Referring to your communication of 10th Ult. in which
you say "For the character of the proof necessary to compete the case,
I refer you to the letter of 5th July last and enclosure"  I would
respectfully say that letter so referred to we have filed the Certificate of
the Clerk of Orange County N.C. as to Marriage & subsequently the
declaration of ___ Davis which it was thought removed all the
existing difficulties to an allowance of the case. I would be  obliged
by an other examination of the evidence & to be informed of anything
more is required

With great respect

Sir

J Carroll Brent
PC.

Hon J Minot