Revolutionary War Pension and Bounty Land Warrant Application File S. 37,880, John Davis, S.C.
Page 1

(3 - 1776)
SERVICE SC
Davis, John
NUMBER S. 37880

CONTENTS
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Special letter sent 25 May 1822, to Applicant at Blakely, Ala
Atty Genl's opinion sent as above Septr 1822
Delahay, Hopkins & Hale Sep 8 1854

15.353
Alabama Territory
John Davis of  Mobile County in the Territory of Alabama who was a private in the regiment commanded by Colonel [Francis] Marion of the South Carolina line, for the term of three years.
Inscribed on the Roll of Alabama Territory at the rate of 8 Dollars per month, to commence on 15th of Feby 1819.
Certificate of Pension issued the 29th of Sep 1819 and sent to the Pensioner, at Blakely, Alaba Ty
Arrears to 4th of Sep 1819 6 Mos 14/28 4/30 53.06
Semi-anl. all'ce ending 4th March 1820 48.00 = $101.06
Revolutionary claim Act 18th March 1818
Discontinued
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15 Feby 1819
John Davis, Mobile C H Alaba Terr
Enld (no date) in 2d S. Carolina Regt.
on Contl Estabt & served for 9 Months, viz to 28th Septr 1780
The precise date of enlistment is required
Wanting the judges certificate of the reduced circumstances of the applicant & that he is in need of his country's assistance for support.
The Clerk's certificate and seal of the court required. 24 May 1819
on roll
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Territory of Alabama
On this 15th day of February 1819, before me the subscriber, one of the Judges of the Alabama Territory, personally appeared John Davis aged sixty years, resident in Mobile County in the said district, who being by me first duly sworn, according to law, doth, on his oath, make the following declaration, in order to obtain the provision made by the late act of Congress, entitled "An act to provide for certain persons engaged in the land and naval service of the United States in the revolutionary war:" That he, the said John Davis enlisted in Charleston in the state of South Carolina in the company commanded by Captain James McDonald of the Second South Carolina regiment on the Continental establishment on the 18th July 1775 & was discharged on the 18th July 1778 and re-enlisted in sd regiment 9th Aug 1778 in Capt. Wm Charnocks company during the war, that he continued to serve in the said corps, or in the service of the United States until the 28th of Sept 1780 when he was disabled from active service by a wound when he was discharged from service in but continued in the discharge of occasional military services till the end of the war, that he was in the battles of Fort Moultrie 28th June 1776, on the repulse of the enemy at
Charleston 1779, at Savannah on the 9th October 1779, in the siege of Charleston in May 1780 and in several others of less moment and that he is in reduced circumstances, and stands in need of the assistance of his country for support; and that he has no other evidence now in his power of his said services, excepting that which is in the War office & on which he has received a pension.
Sworn to and declared before me, the day and year aforesaid.
S/ J. Davis

I, Harry Toulmin, Judge, &c. as aforesaid, do certify, that it appears to my satisfaction, that the said John Davis did serve in the revolutionary war, as stated in the preceding declaration, against the common enemy, for the term of five years on the continental establishment; and I now transmit the proceedings and testimony taken and had before me, to the Secretary for the Department of War, pursuant to the directions of the aforementioned act of Congress.
15th February 1819 S/ Harry Toulmin
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I, John Davis late a pensioner on the roll of Virginia but now transferred to that of the Alabama Territory do, (in order to entitle me to the provisions of the act "to provide for certain person
engaged in the land & naval service of the U. States in the Revolutionary army") hereby relinquish my claim to every pension heretofore allowed by the laws of the United States
[signed] J. Davis
Witness
Harry Toulmin

I hereby certify that I believe the said John Davis to be in reduced circumstances and that he stands in need of the assistance of his country for
support. 
Harry Toulmin
22d June 1819
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State of Alabama Baldwin County (to wit) On this 15th day of November 1821 came into open Court it being a Circuit Court for said County and Constituted a Court of Record according to an act passed in this said State 1820 having the Power of Try & Determine all suits of said state and having the power of fine and
imprisonment John Davis of the age of sixty-three years and resident from his youth in the United States and for the last eight years in the County of Mobile of the above State in that part
of which is now Baldwin County, who being first duly sworn according to law doth on his oath declare that he served in the Revolutionary war, viz., that he did on the 15th of July to the best of his knowledge, 1775 enlisted himself in the Second Regiment of Infantry commanded by Colonel William Moultrie and in the Company of Captain James McDonald for the Term of three years that he was discharged in July 1778 and volunteered on Board the United States Sloop of war General Moultrie where he served till October of the same year and on his return to
Charleston he enlisted in the said Second Regiment of Infantry on Continental Establishment in the Company of Captain William Charnock at that time commanded by Lieutenant Colonel Commandant [Francis] Marion afterward General Marion as a Sergeant for during the war and that he served in that station till the 9th of October 1779 at which time he was promoted to the office of
Quarter Master Sergeant, on the mortal wound received by the former second Sergeant on that day at the Repulse of the Americans & French Troops at Savannah in Georgia and that he served in that Capacity till April 1780 when he was appointed Quarter Master in place of the Quarter Masters Resignation which duty he performed till the 12th of May same year when Charleston fell into the hands of the enemy by capitulation in consequence of his having no commission was made close Prisoner but by some address made his escape from Prison and joined General Marion in the month of August
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August on Pedee [River], and he General Marion Brevetted to a Captain and served with him till the 28th Sepr 1780 in an action at Black Mingo South Carolina received a wound in the knee by which wound he is rendered entirely unable to get any
sort of livelihood by labor that during the time of the war he was engaged in nearly all the memorable Battles in the Southern Section of the States and taken into retrospect the character of the Second Regiment of South Carolina it will appear obvious that he has seen considerable
service the Battles of most note was the battle of Fort Moultrie the Repulse of Savannah, Stono [Ferry] & the Siege of Charleston that he has been in the engagements and skirmishes fourteen and received five wounds that he received a pension by a Certificate from General Marion & Major [John] Vanderhorst in Charleston from that State from October 1784 till 1788 at which time there passed an act for Continental Pensioners to be paid by the United States that he received a Certificate agreeable to the law of 1818 No. 15233 that he was paid at Mobile till the 4th of September 1820 and not since he further Swears that he was a Resident citizen of the United States on the 18th of March 1818 and that he has not since that time by gift, sale or in any manner whatever disposed of his property or any part thereof with intent thereby so to diminish it
as to bring himself within the provision of an act of Congress entitled “an act to provide for certain persons engaged in the land and naval service of the United States in the revolutionary war” passed on the 18th day of March 1818, and that he has not nor has any person in trust for me any property, or securities, contracts or debts due to him nor has he any income other than what
is contained in the schedule hereto annexed and by him subscribed that is to say the service of a Negro boy of about sixteen years old for during the life of said Davis value for that time of $250, three vacant lots in the town of Blakeley $170 that he has a debt due him in South Carolina of about three thousand
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But from his situation the distance the law of the State and other circumstances he calculates nothing on it he has no family but lives on the courtesy of a son-in-law law who married his daughter he has no trade but when able to attend to it was considered a first rate planter but from his Crippled state he is unable to attend that business nor has he any other way of procuring a living with out the aid of his Country
[signed] J Davis

Sworn to & declared, on the 16th day of November 1821 before me
R Saffold one of the Judges of the Circuit Courts, of Alabama

I William Coolidge Clerk of the Circuit Court for the County of Baldwin State of Alabama, do hereby certify, that the foregoing oath and the schedule thereto annexed, are truly copied from the Record of the said Court; and I do further certify that it is the opinion of the said Court that the total amount of the property exhibited in the aforesaid Schedule (to wit the interest of the negro Boy for the life of the said John Davis, and the three Town lots) is Four hundred & twenty dollars.

In Testimony whereof I have hereunto set my hand and affixed my private seal there 
being no official seal for this county this 17th Nov. 1821
William Coolidge, Clerk.
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State of Alabama
I Reuben Saffold one of the Judges of the Circuit Court for the state aforesaid & presiding in the County of Baldwin in said State do hereby certify that William Coolidge who hath signed the foregoing certificate is Clerk of the said Circuit Court of Baldwin and that full faith & credit is & ought
to be given to his attestations as such

Given under my hand there this 17th Nov 1821
Reuben Saffold


Fees of office to the Clerk.
Recording $1.00
Certificate of .50
$1.50
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Declaration of
Catherine R Byrne
for arrearage of Pension
Due John Davis a
Soldier in the Revolution
________
Presented by
Delahay Hopkins & Hale
Mobile
Ala
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State of Alabama
Baldwin County SS
Catharine R Byrne being duly sworn deposeth and say that she is the one child and heir at law of the late John Davis decd who was a Soldier in the Revolutionary War, and who was entitled to a pension from a wound received in said War, that her said Father died at the County and State aforesaid on the Sixth day of July in the year of our Lord one thousand eight hundred and twenty two, she makes this Declaration in order to obtain whatever unclaimed or arrearage of pension that she may be entitled to under the laws of the United States. Affiant would further State That her name before her  intermarriage was Catharine R Davis, and that her said Father left no widow, or heir at law except this affiant, she therefore asks that a certificate for arrearage of Pension may issue to her in the right of
said Deceased, upon inspection of the proofs here with, and that the Commissioner of Pension will advise Delahay, Hopkins & Hale of Mobile Alabama of the action of the Pension Office in the Premises
& further affiant saith not
[signed] C. R. Byrne

State of Alabama,
Baldwin County
Subscribed & Sworn to before me C. W. Wilkins Clerk of the Circuit Court for said County & State and
I further certify that I am well and personally acquainted with Catharine R Byrne
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whose Genuine signature appears to the foregoing Declaration and that I believe her to be the only heir at law of said John Davis decd and that she is a resident of said County and State and has been for many years and that her statements are worthy of all credit. 

In Testimony whereof I have hereunto set my hand and caused the seal of our said Court to be hereto affixed this thirty first day of August AD 1834 Done at Blakley in said County & State
attest C. W. Wilkins Clerk
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37880

Revy INVALID.
________
File No. 37,880
John Davis
Pri Rev War
________
Act: 18 March 18
Index:-- Vol 2, Page 122
[Arrangement of 1870.]
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[postal stamp]
MOBILE
SEP
2
A.

FREE

Hon L. P. Waldo
Commissioner of Pensions
Washington
D C
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John Davis
Ala Act  18 [illegible]1818

[illegible  postal stamp]

FREE
Hon L P Waldo
the
Commissioner of Pensions
Washington
DC

[illegible- Cole]
Page 16

Affidavit of
Wm G Vastbinder 
in the matter of 
Catharine R Byrne 
Claim for
arearage of Revolution
=ary pension Due
John Davis Decd 
____________


Presented by
Delahay Hopkins Hale
Mobile
Ala
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State of Alabama
Baldwin County
Personally appeared before the undersigned Charles W. Wilkins Clerk of the Circuit Court of Baldwin County State of Alabama William G Vastbinder who being duly sworn according to law says that he was will and intimately acquainted with John Davis deceased late of said County and State, and that said John Davis was reputed to have been a soldier in the Revolutionary War, and which was true as affiant believes from the fact that said Davis was a truthful man & frequently made mention of his service in said war, that said Davis departed this life on or about the Sixth day of July in the year of our Lord one thousand Eight hundred and twenty two and affiant further states that said John Davis left
but one child Catharine R Byrne, who intermarried with Patrick Byrne which said child is now living in said County and State, the said John Davis left no widow at his death, Affiant is sixty six years of age and has been (and now is) a resident of said County and State for the last forty years, he further atates  that he is not interested or in any manner concerned in the arrearage of Pension which the said
Catherine Claims to be due her, as the only child & heir at Law of said John Davis 
[signed] Henry Vastbinder

State of Alabama
Baldwin County ⎬ ss 
Be it Remembered
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that before me this day, William G Vastbinder (to me well known), came and subscribed the foregoing affidavit and was by me sworn to the truth of the same in due form of law and I further certify that the said Wm G. Vastbinder is a credible witness and worthy of credit as a sworn witness or otherwise and I further certify that I believe him to be of the age told by him in his affidavit and I further certify that his signature is Genuine & that I am not concerned or interested in the subject matter to which the foregoing affidavit relates, and I further certify that the said Catharine R Byrne is the only child & heir at Law of the said John Davis, Deceased, and that the said John Davis departed this life leaving no widow or other child as I have been informed & verily believe & that the said Catharine R Byrne is now living 

In Testimony whereof I have hereunto set my hand and and caused to be affixed hereto the seal of my said Office
Witness Charles W. Wilkins Clerk of the said Circuit Court at Blakely this thirty first day of August AD 1854
attest C.W. Wilkins Clerk
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Alabama
Recd 20 Feb: 1822

Free
The Honbl John C Calhoun
Secretary of war of the United States 
City of Washington
D C
J L Edwards

[postal stamp]
CLAIBORNE.
JANY
30 
A.
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State of Alabama Baldwin County Jany 28 1822
Sir
I some time since inscribed you with a Letter Respecting the many obstacles thrown in the way of My obtaining my Pension I have just got of the Clerks hand who by a severe fit of sickness has not been able before now to have it recorded. I am sincerely sorry to give you so much trouble but Such embarrassments as has attended to Receiving my pension which I have allways sought my due. I Must Plead my Excuse. I endeavored by Every means pointed by law to bring my
Document before you in as correct manner as was within the compass of my comprehension but at all times some fatal Error thereto defeats my purpose I sent several Powers of Attorney to Huntsville to Col Pope in the year 1820 he paid no regard to any of them I then took journey there of four Hundred miles he paid me according to my late Certificate and then made some objection as I was mention was a Private and he the Col. knew me when I was in a higher station, and started some doubt to whether the certificate I had was not designed for some other John Davis that from his
knowledge of the being a Soldier of some Character that I should not have made a Retrogade movement  the army of the United States I then showed him a certificate of  my transfer from the pension office in Richmond, Va, to that office he was then pleased to recognize me & paid me the one half years pension agreeable to my certificate I then made a Demand of Six months Pension from 4th Sept 1818 to 19th Feb. 1899 this he refuse to pay as he said he had no instruction from the war office on that [illegible] I then remonstrated with in the Impropriety of his not attending to my power of attorney to Receive my pension with out my going that distance at such expences, he plead the Secretary of wars orders to that effect he has not yet paid the near half years pension, alluded to me in your letter to me of June 1820 has been shown to him wherein you state that day he was wrote particularly  on my behalf, how he can Reconcile himself to such Conduct, as I saw him on the 5 Sep 1820 and your letter to me was dated June 1820, three months before; the Next cause I have of Complaint is that the Document presented in Feb. at at a County Court and these qualified to in open Court, when sent on to the war office, they were returned with the simple word wrote on the back, had one of the Clerks in the Pension office, pointed out the [illegible] would have been easy to rectify, but as it was it puzzled Judge Saffold to find out the Informality how ever after considerable study the said he said to [illegible] informally  that should in my case be an objection as I was  old pensioner that had there been an every
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very Gross Informality it shall have been noted that the same might not be repeated in future it will be answered that we had a schedule of the law before us but good God is every Invalid Soldier of 76 to have the knowledge of this expression of law with attorney Genl of the United States. Necessity has obliged me to write my own statement I apply to a lawyer to write it for me in law form his demands for that service was ten Dollars he might as will have asked me ten thousand as I had not one Dollar to save my soul I served my country as a willing active Independent Soldier I spent a handsome property in the service in place of which Recd five wounds in my youth and Contempt in my old days such is my fate that has left me the alternative Either to beg or steal, I am nearly naked & I am already. I could procure a living by what Learning I have but my Invalided state wont to admit of my going about in any way but on horse back or on crutches, I have this day wrote to the President of the United States Stating my situation being of him if not derogatory to his station to make my Case Known to the Post Master Genl to Grant me the post office at Mobile. I can tho poor five the best security that may be required and those men of independent Property Real & Personal the man who is now Postmaster there and has been there Eight year is Likewise Collector of the Port of Mobile and has become sick by the Double years of office he has no family and can easily live without the Least Lucrative one, Could you in your Goodness Condescend to assist me in the measure you will confer a lasting obligation
Distressed old soldier and I shall Ever in Gratitude acknowledge your finding the duties of the post office. I am well acquainted with as I had that office in Virginia Several years previous to my coming to this Country, you will please examine the length of this Letter I enclose another schedule of my situation whether it is now to the approbation of the officers concerned or not, but between attending Court & fees then one half of it is Mortgaged before I get it I am Sir with all due Respect and  deference to your Station your Obt Humb & Obliged servant
[signed] John Davis

P.S. Please Direct any thing from the war office to Blakely to John Davis
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Blakeley A [illegible]
Sept 4 1819

Free
Honb.  John C Calhoun
Secretary of War
United States Washington
District C [illegible]
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Tensaw, Alabama Territory, Mobile County Aug 6th 1817
Hon Sir, in conformity to the instruction you were so kind as to send on I as soon as I possibly could applied to Judge Tolman & Shewed him the Instance from which he forwarded to the war office a certificate as I suppose he thought sufficient but it has been returned for certain Amendments viz the Date of My enlistment not being stated that was an omission in the Judge that I can Hardly account for, but the objection is made which to me and the Judge writes me [illegible] that he shall Certify that I am in reduced Circumstances & stand in need of my country's assistance he has in the certificate Expressly declared that he is fully satisfied that I am in such a State & need - another of the objections for want of the Clerks Certificate & Seal of the Court the Seal of the Court was affixed but the Judge I suppose neglected to have the Clerk Signature I left with the Judge to forward for me & the papers were sent back to him, he writes on that he has now arrived the Certificate required, my Disabled State of Debility is such that I am unable to travel and can Illy Support the Expence of a boat Hands to Carry one forty or fifty miles to collect every minutia but at the Oct Term at Mobile I expect to be able to have the Certificate so arranged as to be perfectly satisfactory should you in your Goodness think of assisting me to give such directions as for me to Receive my pension on the conviction that I will on the 18th Oct next Send a perfectly satisfactory Document agreeable to all the requisites therein mentioned - then is at this time & has been for some time - Clerk in the County of Mobile as he has gone Northward for Health that cannot at present get his signature on the Date of Enlistments I have set down my self in the Enclosed and have taken a copy of the same & shall have one as I said transmitted to the war office Regularly Certified as aforesd  I am Sir you obedient  & obliged Humble Svt.
[signed] J Davis
. Please Direct to Blakley Post office
Page 24

Affidavit of
Cyrus Sibley in
the matter of Catharine
R Byrne only child
& heir [illegible] of
John Davis Decd a
Revolutionary pensioner
_____ 11 ________


Presented by
Delahay Hopkins Hale
Mobile
Ala
Page 25

The State of Alabama
Baldwin County ss-
Personally appeared before me Charles W Wilkins Clerk of the Circuit Court of Baldwin County State of Alabama, Cyrus Sibley who being duly sworn according to law, says that he was well and intimately acquainted with John Davis deceased late of said County and State, and that said John Davis was reputed to have been a soldier in the Revolutionary war, and which was true as affiant believes from the fact that said Davis was a truthful man and frequently made mention of his service in said war, that said Davis departed this life on or about the sixth day of July in the year of our Lord one thousand Eight hundred and twenty two, and affiant further states that said John Davis left but one child, Catharine R Byrne who intermarried with Patrick Byrne which said child is now living in said County & State, the said John Davis left no widow at his death affiant is seventy years of age, and has been and now is, a resident of said County & State for the last forty five years, he further states that he is not interested or in any manner concerned in the arrearage of Pension which the said Catharine claims to be due her, as the only child & Heir at law of said John Davis
[signed] Cyrus Sibley

the State of Alabama
Baldwin County
Be it Remembered that before me this day, Cyrus Sibley (to me well known) came and subscribed the foregoing affidavit & was by me
Page 26

Sworn to the truth of the same in due form of law and I further certify that the said Cyrus Sibley is a credible witness and worthy of Credit as a sworn witness or otherwise and I further certify that I believe him to be of the age stated by him in his affidavit and I further certify that his signature is genuine and that I am not concerned or interested in the subject matter to which the foregoing affidavit relates, and I further certify that the said Catharine A. Byrne is the only child & heir at law of the said John Davis deceased, and that the said John Davis departed this life leaving no widow, or other child, as I have been informed and verily believe and that said Catherine R. Byrne is now living,

In Testimony whereof I have hereunto set my hand and caused to be affixed hereto the seal of my said Office, Witness Charles W Wilkins Clerk of the said Circuit Court at Blakely this thirty first day of August in the year of our Lord one thousand Eight hundred and fifty four
Attest C. W. Wilkins Clerk
Page 27

Payable semi-annually. The first
payment on this Certificate will be made on the 4th of March
next in Huntsville by the
President of the Planter
and Merchants Bank


Recorded
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War Department.
REVOLUTIONARY CLAIM.
I CERTIFY that, in conformity with the Law of the United States, of the 18th March, 1818,
John Davis         late a private
in the Army of the Revolution, is inscribed
on the Pension List, Roll of the Alabama Territory
Agency, at the rate of Eight dollars per month, to com-
mence on the fifteenth day of February one thousand
eight hundred and nineteen.

GIVEN at the War Office of the United 
States , this twentyninth day of
September, one thousand eight
hundred and nineteen.

J C Calhoun
Secretary of War.
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Mobile Sept 1st 1832
Hon L P Waldo

My Dear Sir
We send herewith the papers in the case of Catharine Byrne the only child & heir at Law of John Davis
Decd who was a soldier in the War of Revolution, attached to her declaration you will find a certificate from Hon J.C. Calhoun Sec of War in year 1819, which will facilitate in finding the name of said Davis, he was on the Pension Roll & drew a pension up to about 1818 as we are informed, and we suppose
his child to be entitled from about that year up to the death of the soldier and that the arrearage of about four years is due to the child then of said Davis, and that we have transmitted what we suppose to be all that is requisite in the case in order to the full investigation and early issuance of a draft for the balance of Pension due Davis
Respectfully yours
Delahay, Hopkins, & Hale