Revolutionary War Pension and Bounty Land Warrant Application File W. 4172, Benjamin Davis, Va.

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Service Va. Davis Benjamin Lydia Number W.4172

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33. 118.
Virginia, Richmond
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Benjamin Davis, dead,
of Pittsylvania in the state of Va,,
who was a private in the -- commanded by Captain -- of the -- commanded by -- in the revolution
line for [crossed out] 1 year.

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Inscribed on the Roll of Richmond
at the rate of 40 Dollars 00 Cents per
annum, to commence on the 4th day of March, 1831.
& Endg. 22d March 1836.
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Certificate of Pension issued the 19th day of April 1853 and sent to Evans and Faut
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Arrears to the 4th of  Present
Semi=anl. allowance ending
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{Revolutionary Claim,
Act June 7, 1832.}
Recorded by H. R. Weightman  Clerk,
Book E Vol. 6 1/2 Page 10

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5.219
Virginia, Richm- [page white]
Lydia Davis de-
widow of Benjamin Da-
who died on the 22d March
of -- in the State of Virgin-
who was a private in the -- commanded
by Captain -- [written over with "(Va)"] of the -- commanded by -- in the Revolution
line [crossed out] for one year
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Inscribed on the Roll of Richmond
at the rate of 40 Dollars 00  Cents
per annum, to commence on the [page faded]
March, 1836 & Endg  Ja[?]
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-cate of Pension issued the 19-
[illegible] 1853 and sent
Evans & Fa-
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-o the 4th of  Pres-
-annual allowance ending
-----
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{Revolutio-
Act July
Section [illegible]}
Recorded by H. R. Weightman
Book D[?] Vol. 2 Page
[illegible, underlined]

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{State of Virginia, June, 1851,
[Illegible, crossed out] County of Pittsylvania} SS. On this seventh day of June in the year 1831, before us, Drury [crossed out, illegible] Blair and Pyrant Easley, Justices of the County Court (a Court of Record, for the aforesaid County, & State,) personally appeared Jameson Corbin a highly respectable citizen of the aforesaid County & State, and entitled to credit, who, being first duly sworn according to law, doth, on his oath, declare or make the following declaration in order to obtain the benefit of the prevision made by the act of Congress passed on the fourth day of July 1836 -- entitled "An Act." Granting half pay to widows or orphans [illegible]" (Sec. 3. 4. 8 5.) -- that he is legally appointed Administrator of Benjamin Davis dec. who was a private in the company commanded by Captain John Green in the State Regiment of Virginia Troops commanded by Colonel (General) Stevens in the "War of the Revolution" with Great Britain -- that since Benjamin Davis was enlisted in the service of the United States of Colonies for the term of two years at "Calland's" in the State or colony of Virginia on the nineteenth day of March in the year one thousand seven hundred and seventy nine -- that he continued in said service until the nineteenth day of March in the year one thousand seven hundred and eighty one when he was honorably discharged from said service by reason of "Expiration of term of Service" -- that he believes said Benjamin Davis was engaged in the Battle of "Guilford Court House," in the State of North Carolina -- that since Benjamin Davis was detailed as a teamster in the "Army of the South" serving under the command of General Greene and was discharged as such on the nineteenth day of March one thousand seven hundred and eighty one, as will appear by the "Original Discharge" herewith-annexed -- that he believes

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his discharge as a soldier in the foregoing Company and Regiment has been accidentally lost [illegible, crossed out] -laid -- Deponent further swears that said Benjamin Davis was at the time of entering said service a resident of Pittsylvania in the State of Virginia -- that he was married to his wife Lydia Davis in the County of Pittsylvania and State of Virginia on the tenth day of May, in the years one thousand seven hundred and seventy eight, as will appear by a copy of the Family Record of marriages herewith-annexed -- that the name of Lydia Davis previous to marriage was Lydia Meadows -- that said Benjamin Davis resided, after the conclusion of said service, in the aforesaid County & State until the period of his death which occurred on the twenty second day of March one thousand eight-hundred and thirty six (1836) in the said County & State -- that his said wife Lydia Davis also died in the aforesaid County & State on the fourth day of January one thousand eight-hundred and forty eight -- and deponent further swears that John Davis aged 43 years, Elizabeth Thompson, Jennings Thompson, Lydia Thompson, Samuel Thompson, Mary Thompson, & Patsey Thompson children of Samuel and Nancy Thompson deceased, and Sarah Corbin formerly Sarah Davis, are the only surviving heirs of the aforesaid Benjamin Davis deceased -- and that he makes this declaration as the Administrator of the aforesaid Benjamin Davis deceased for the purpose of obtaining whatever may be due the aforesaid heirs of said Benjamin Davis under the provisions of the foregoing or any other law of Congress-- and deponent swears that he has no other interest in this application.
{Sworn to and subscribed before us, on this seventh day of June 1851.
Drury Blair J. C. C.
Pyrant Easley J. C. C} Jameson Corbin
Adm of Benj.
Davis dec.

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And we do certify that the affiant is unable from sickness and bodily infirmity to attend Court.
Drury Blair J. C. C.
Pyrant Easley J. C. C.
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State of Virginia,
{County of Pittsylvania
June Court, 1851} S.S. I William H. Tunstall Clerk of the County Court, a Court of Record for the aforesaid County and State, do hereby certify that Drury Blair and Pyrant Easley Esquires before whom the above declaration was made, are Justices of the County Court of the aforesaid County and State duly commissioned by law and qualified by law to administer oaths, and that the above are their genuine signatures. I do further certify that the aforesaid Jameson Corbin is the legally appointed administrator of the aforesaid Benjamin Davis deceased, and that for the faithful performance of his duties as such he has given to the Justices of said Court (as then required by law the 19th April 1850) bond and security amounting to the sum of three thousand dollars ($3.000)
{In testimony whereof, I have herewith subscribed my name and affixed my seal of office on this 18th seventeenth [crossed out] day of June, one thousand eight hundred and fifty one. (1851), (the above interlineations being made by me, clerk of the said court.)
Wm. H. Tunstall [stamped over with small stamp]}

[Two faded stamps]

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{State of Virginia
County of Pittsylvania} S.S.
On this twenty third day of July in the year one thousand eight-hundred and fifty one (1851), personally appeared before us, Drury Blair and George Adams Justices of the County Court a Court of Record for the aforesaid County and State, Jameson Corbin, a respectable citizen of the aforesaid county, aged 65 years, and entitled to credit, who, being first duly sworn according to law, doth on his oath, declare that he is the administrator of Benjamin Davis dec. and the identical Jameson Corbin who made a declaration in favor of the heirs of said Benjamin Davis dec. on the seventeenth day of June last, and that he makes this additional declaration in order to adduce further evidence of the marriage, death, service &c of the aforesaid Benjamin Davis dec. as a Revolutionary Soldier Viz: that the following is a true copy of the Family Bible Record of said Benj. Davis
Viz: "Benjamin Davis and Lydia Meadows were married on the tenth day of May in the year one thousand seven hundred and seventy eight."
"Benjamin Davis died on the twenty second day of March in the year one thousand eight hundred and thirty six."
"Lydia Davis died on the fourth day of January in the year one thousand eight hundred and forty eight."
He further declares that the detached portions of said Record which are herewith annexed, and the copy of which is above inserted, were cut out from the said Family Bible of said Benjamin Davis dec. in presence of the children of the deceased, and of the magistrates whose names will be herewith annexed, for the purpose of being transmitted to the Pension office-- that said Record of the marriage was extracted or copied by himself (Jameson Corbin) from an old and much tattered Family Bible of said deceased some seventeen years since in his own (Jameson Corbin) hand writing, which old Bible has been long since worn out and destroyed, and that subsequently, as the death of said Benjamin Davis and Lydia Davis occurred, he (Jameson Corbin) did alas record the same in his own handwriting in the Family Bible now existing, which original Record is herewith presented-- he further swears that said Record was kept in the possession of said Benjamin Davis during he life time, and that ever since his death the said Record and Family Bible have been in possession of himself and his wife Sarah Corbin, formerly Sarah Davis. He further swears 
that

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that, (to the best of the information which he has obtained since his first declaration on the seventeenth day of June last, from John Myers, an aged & respectable citizen of the aforesaid County & State and for many years an intimate friend and neighbor of said Benjamin Davis dec and whose affidavit will be herewith annexed,) the said Benjamin Davis belonged to Capt. John Green's company in the Regiment of Virginia State Troops commanded by Col. Edward Stevens which company was mostly enlisted in Culpeper County and State aforesaid, and that said Benjamin Davis joined the said Company as a Recruit while it was en route to join the Army of General Green then operating in the South, in the Spring of one thousand seven hundred and seventy nine (1779), and that he was engaged in all or most of the important Battles in the Campaigns of the aforesaid Army in the Southern States, viz: "Camden", "Guilford Court House" &c- He further swears that to the best of his knowledge and belief, the said Benjamin Davis was, a few months previous to his Discharge, during the retreat of said Army through North Carolina, on account of the scarcity of teamsters in said Army, detailed as a teamster from his company and served as such until the end of his enlistment when he was sent home with his waggon and team, which waggon and team, he has often heard said Benjamin Davis declare in his lifetime, was his own, and had been purchased by him for hire in the said army; and deponent further swears that if the name of said Benjamin Davis cannot be found on the Rolls of his Company now on file in Washington, he verily believes that it has been accidentally omitted from the varied service which he had to perform and the length of time he was necessarily detached from his company-- and he further swears that he has no other interest than as administrator &c
{Sworn to and subscribed before us the day and year above mentioned-- and we do certify that the annexed portions of the Family Bible Record of B. Davis dec. were detached or cut out in our presence, and that the affiant is unable, from sickness and bodily infirmity, to attend in "Open Court" to make this declaration.
Drury Blair J.C.C.
Geo Adams J.C.C.} Jameson Corbin, Adm. of Benjamin Davis dec.

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On this twenty third day of July one thousand eight hundred and fifty one (1851) also personally appeared before us, Drury Blair and George Adams, Justices as aforesaid, John Myers, an aged and respectable citizen of the aforesaid County and State, aged Eighty Nine years (89) and entitled to credit, who, being first duly sworn according to law, doth on his oath, declare that he was well acquainted with Benjamin Davis dec. a Revolutionary soldier- and was, for many years, an intimate friend and neighbor of said Benjamin Davis- that he (said Benjamin Davis) resided in the county of Pittsylvania & State of Virginia until the Spring of the year one thousand seven hundred and seventy nine (1779) when he joined the Company of Virginia State Troops commanded by Capt. John Green in Colonel Stevens' Regiment when said Regiment was en route to join the Army of General Nathaniel Green in the South, that he was present when said Benjamin Davis was enlisted in said service at a place called "Calland's" in said County & State on or about the nineteenth (19th) or twentieth (20th) of March one thousand seven hundred and seventy nine (1779) which enlistment was for two years-- that he heard frequently from said Benjamin Davis during the Campaigns of said Army in the Southern States, and received from him the details of several battles, viz "Camden"- "Guilford Court House," in which he (said Benjamin Davis) was engaged, and which details were often related to him in person by said Benjamin Davis after his return from the service-- that said Benjamin Davis was discharged as a soldier on or about the nineteenth day of March one thousand seven hundred and eighty one (1781), his original discharge as such having been often seen by himself, but, which has been long since destroyed or mislaid-- he further declares that said Benjamin Davis was detailed as a teamster in said Army some months previous to his discharge and served as such until the end of his enlistment which occurred on the nineteenth of March in the year aforesaid,-- that he has often seen his discharge as teamster which [illegible] date as[?] aforesaid at a place near "Guilford Court House", and which discharge, he has learned, is yet in possession of his Children-- that he has often heard said Benjamin Davis declare that the waggon and team which he brought with him from the Army was his own (B. Davis'} and was bought by him previous to his discharge in North Carolina | He

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He further declares that the aforesaid Benjamin Davis and Lydia Davis were married in the Spring of the year one thousand seven hundred and seventy eight in the said county and state by a Baptist Minister named James Hurt duly authorized by law to solemnize the rites of matrimony-- that the name of Lydia Davis previous to marriage, was Lydia Meadows and that he well knew her father and mother residents also of said County & State-- He further  swears that he believes the annexed detached portions of the Family Record of said Benjamin Davis dec. to be correct in regard to the date of the death of said Benjamin Davis and of his wife Lydia Davis- and in making this declaration at the request of the heirs and Administrator of said Benjamin Davis he is disinterested.
{Sworn to and subscribed before us on this twenty third day of July 1837, and we certify that the Affiant is unable from bodily infirmity to attend Court.
Drury Blair J.C.C.
Geo Adams J.C.C.} John Myers ["X" between "John" and "Myers," accompanied by "his mark"]
State of Virginia, County of Pittsylvania, Court:
I William H. Tunstall Clerk of the County Court of said County do certify that Drury Blair & George Adams Esqrs whose genuine signatures appear above are and were at the date of the foregoing Depositions (23rd July 1851) members of the County Court of said County duly authorized to administer oaths & that the said County Court is a Court of Record.
In Testimony whereof I have herewith subscribed my name & affixed the seal of the said Court. This 25th day of July 1851--
Wm. H. Tunstall

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Benjamin Davis and Lydia Meadows were married on the tenth day May in the year one thousand seven hundred & seventy eight

[New page] RECORD.
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DEATHS.
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Benjamin Davis died on the 22 day of March one thousand eight-hundred and thirty six.

Lydia Davis died on the 4th day of January in the year one thousand eight hundred and forty eight.

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FAMILY
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BIRTHS.
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Lydia M. Davis was born on the 5 day of April [page faded] the year of our Lord[faded stamp]
1779.

James Fennie Davis was born on the 16th day of March in the year of our Lord one thousand seven [faded stamp] seven hundred eighty[?]

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Sept[?] 1796 [illegible]
[illegible]
M J Williams
[Illegible] Sept[?]
[Illegible]
[Illegible] 38910
[Check mark]

[New page] Revy WIDOW, &c.
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File No. 4172
Lydia Davis
Wid.
Benjn. Davis
Priv.[?] Rev. War
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Act: July 4 "|36, Sec. 3d.
Index:--Vol. A, Page 167
[Arrangement of 1870.]

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No 7.764 [underlined]
6.
Lydia Davis dec.
widow of Benj.
Va. [underlined]
Act 4th July 1836

H. G. [underlined] Fant Novr. 20th 1851
Set[?] Evans & Fant Jan 15/52.
[Illegible mark]

Hon. A.H.H. Stuart. March 6. 52
Evans & Fant July 12/52
Same . Sept 8/52.

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Novr. 8th 1851
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Additional evidence case of Lydia Davis [underlined] widow of Benjamin Revolutionary. Original case filed 9th Sep 1851.--Place this[?] with original.
Evans & Fant.

[Illegible mark]
J. E. Edwards Esq[page torn]
Coms. of Pensio

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I do certify that Benjamin Davis is discharged from the service with his waggon and team, and has [illegible, page torn] pass[?] [illegible] his horse[?] [illegible] Pittsylvania in Virginia [page torn] allowing him three days to perform that journey--

Given Speedwell Bronwork
19th March 1781

Sam Edmiston
D W [illegible]
[Illegible mark]

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Certificate of Clerk of Pittsylvania Co. Va. in regard to the deaths, heirs &c of Benjamin Davis and Lydia Davis deceased
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{Pittsylvania County,
Virginia.} S.S.
I_ I. Scraggs--clerk of the county court of the aforesaid County, do hereby certify that, on reexamining the records of the said Court in connection with the appointment of administrators of Benjamin Davis and of Lydia Davis deceased, I find that said Benjamin Davis, a reputed Revolutionary soldier of said County, died in said County on the twenty second day of March in the year eighteen hundred and thirty six (22nd March 1836), and that Lydia Davis his widow died in said County on the fourth (4th) day of January in the year eighteen hundred and forty eight (1848) leaving the following named children surviving them viz: John Davis, Sarah Corbin, formerly Sarah Davis, and Nancy Thompson, formerly Nancy Davis who left the following named children [illegible] being free[?] viz: Elizabeth Thompson, Jennings Thompson, Lydia Thompson, Samuel Thompson, Mary Thompson, and Patsey Thompson, and that the said John | Davis

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Davis, Nancy Thompson and Sarah Corbin were the only children of the said Benjamin Davis and Lydia Davis who were alive at the period of their decease;-- that Jameson Corbin is the administrator and legal representative of both Benjamin Davis and Lydia Davis deceased, and that said Court is a Court of Record having general jurisdiction.
{In testimony that the above is derived from the Records of one said County Court, I hereto subscribe my hand and affix the seal of said Court at office on the 9th day of April eighteen hundred and fifty-three (1853)
I. Scraggs.}

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4.
William Dixon, a U S. Pensioner, aged 90. years, of Pittsylvania County
That he was most intimately acquainted with Benj. Davis as early as 1777 when Davis was only about 19 years of age & he the affiant was about 17, that he distinctly remembers that said Davis was married in the spring of 1778, that he well knew Jacob Meadows the father of said Lydia. That he saw said Davis enlisted in March 1779, that he did not see him enlist, but two or three days after saw him under the command of a recruiting officer by the name of B Fauntleroy[?] en route [illegible, crossed out] to join the Company of Cap Green
That John Myer is the only person now living who was present at the enlistment of Davis. That the entire community believe he enlisted as stated. That he saw said Davis in the Army, saw him nearly every day &c &c &c, that he often saw his discharge which has been lost.

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{State of Virginia
County of Pittsylvania} Before me David H. Clark, a Justice of the peace in and for the aforesaid County and State, personally appeared Vincent Shelton and John Butcher two highly respectable residents and citizens of the aforesaid County and State, the former aged 70 years, and the latter aged 64 years, who, being first duly sworn according to law, do, on their oaths declare that they did for many years know, and were intimately acquainted with, Benjamin Davis deceased, a Revolutionary soldier, and did for many years reside as near neighbors to him, the former for 26 years and the latter for 21 or 22 years, and that they did, for reasons hereinafter mentioned, ever regard him as a Revolutionary soldier, and as having served at least two years in the Revolutionary War:-- that he was married, as they verily believe, to his wife Lydia Davis in the aforesaid county and state on or about the 10th day of May in seventeen hundred and seventy eight (1778)- that they have seen his Family Bible Record which has been worn out and destroyed some years since, but that they believe the Record of the marriage and death of Benjamin Davis and his wife Lydia Davis, formerly Lydia Meadows- that they believe that Dr. Rawley White and Mary Shelton the former now aged about 88 years and the latter about 89 years, residents of the aforesaid County, are the only surviving persons who were present at the time and place of said marriage:-- that they have often heard old mean now deceased, declare that they were present at "Callands'" in the said County on or about the 20th or 25th March seventeen hundred & seventy nine (1779) when said Davis was enlisted as a soldier in the service of the United States, and that they believe that John Myers an old and respectable neighbor of theirs, now aged about 91 years, is the only surviving person who was present at the time and place of said enlistment:-- that they did often see the original Discharge of said Davis from his Company and Regiment which was dated about the 25th March in seventeen hundred & eighty one (1781) at a place called "Troublesome or Speedwell Bron Works" in North Carolina and was signed by his Colonel or Captain, but they cannot remember which: but | that

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that said discharge was, about 25 years ago, lost or mislaid by said Davis, and as they believe, has never been found:-- that they well remember said Davis had in his possession for some years (up to the years 1825) two discharges viz: the aforementioned Discharge as a soldier and a Discharge as a teamster dated some three or four days previous to his discharge as a soldier:-- that they have seen the last mentioned Discharge in the possession of his children since the death of his widow-- that they have often heard said Davis speak of having been detailed as a teamster in the Army of General Greene in North Carolina, and have often heard in detail from said Davis a full account of the campaigns & Battles in those states during the many years they were neighbors to him:-- that they well remember, that when the law of Congress was passed in 1832 allowing many Revolutionary officers and soldiers pensions, said Davis intending to apply  for pension did receive information either from Richmond or Washington that his name could not be found on the Muster Rolls of his Company, and that an account of this omission, the affidavits of the officers of his Company & Regiment and his original Discharge as a soldier must be presented-- but that his discharge having been lost for some seven or eight years previous, and his Captain having died sometime in the year ---- and his Colonel having died sometime in the year 1814, he at once despaired of success; and, as they verily believe, did never apply; and that his widow did never apply, in her life time, for the same reasons: They further declare that the said widow having heard of one Captain Philip Slaughter of Culpeper County, state aforesaid, (a gallant officer of the Virginia Troops in the Revolutionary war,) did, sometime in the year 1847, write to said Captain Slaughter to obtain information in regard to the services of her deceased husband; and that a letter was addressed her by said Captain Slaughter the purport of which was as follows viz: "That he knew Benjamin Davis as a private in Capt. John Greene's afterwards Captain ~~~~~ Company of Virginia Troops in Colonel John Greene's Regiment-- that he was a detailed teamster-- and had served at least two years, and that he was surprised to hear that said Davis had never received a pension:"-- that they have often seen said letter and well remember it's contents-- that said Lydia Davis having died in the year 1848, and said Captain Slaughter having died,

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as they have been informed, in the year 1850, they heard nothing more of the correspondence on the subject of B. Davis' service:-- that said Davis died in the said County & State on or about the 20th day of March eighteen hundred and thirty six (1836); and that the former of the affiants was, in two days thereafter, present at the funeral and burial of said Davis:-- that the said Lydia Davis also died in said County and State on or about the 4th say of January eighteen hundred & forty eight (1848),-- and that the only surviving children of the said Benjamin Davis dec. and Lydia Davis dec. are John Davis aged about 43 years and Sarah Corbin, (formerly Sarah Davis) aged about 52 or 53 years, and that there are some grandchildren named Thompson: and they do further declare that, in making this their solemn affirmation of what they know and distinctly remember concerning the services of Benjamin Davis dec. they are disinterested. Vincent Shelton
John Butcher
Sworn to and subscribed before me on this 26th day of November 1851, and I certify that the affiants are unable to attend Court, the former on account of extreme old age & infirmity, and the latter from an attack of Rheumatism under which he is now laboring, and that they are credible witnesses~~ David H Clark J.P.

{State of Virginia.
Pittsylvania County S.S.}
Also personally appeared before me, David H Clark, a Justice of the peace for the said county, Mrs. Mary Shelton, a resident of the said County, and residing in the house of the aforesaid Vincent Shelton, aged 89 years, who, being first duly sworn according to law, declares on her oath, that she was present at the marriage of Benjamin Davis & Lydia Davis dec. both of whom lived and died in her own neighborhood,-- that said marriage took place at the | house

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house of Mr. Joab Meadows dec. (who was the father of said Lydia Davis) in the aforesaid County & State, on or about the tenth (10th) day of May in the year seventeen hundred and seventy eight (1778)-- and that the rites of said marriage were performed by one Baptist Minister named "Hunt"-- that she knows of no other person who was present at said marriage, now living besides herself, than Doctor Rawley White of the said County & State,-- that she well remembers that said Benjamin Davis did enlist in the Army of the Revolution and was gone from home between two and three years; and that he went away about one year after he was married-- that on account of the loss of her memory from time and extreme old age, she cannot now distinctly state the particulars of his service, but that she distinctly remembers the circumstances of his marriage as above stated &c:-- She further declares that Benjamin Davis was always regarded as a Revolutionary Soldier and that she has never heard it doubted by any person or persons.-- And that she is disinterested.
{Sworn to and subscribed before me on the 26th day of November 1851; and I do certify that the affiant is unable, from bodily infirmity, to attend court.} Mary Shelton ["X" between "Mary" and "Shelton," accompanied by "her mark"]
David H Clark J.P.

No 38.491 N8[?]
Benjn Davis dece
Va

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{Pittsylvania County, State of Virginia} O.S.
Before me, David H. Clark, a Justice of the peace in and for the aforesaid County and State, personally appeared William Dixon a Resident of the aforesaid County, aged now about ninety (90) years, who being first duly sworn according to law, does on his oath, declare that he is the identical William Dixon who was placed on the Pension Roll of the Agency of the State of Virginia in the year 1833 for services as Corporal & private in the Virginia Continental Line in the War of the Revolution with Great Britain, and that he makes this affidavit at the request of those interested viz:
That he was most intimately acquainted with Benjamin Davis deceased who was a Revolutionary soldier and [illegible, ink blot] he first became acquainted with said Benjamin Davis as early as the year seventeen hundred and seventy seven (1777) in the aforesaid County when the said Davis was only about nineteen (19) years of age, and he, the affiant, about seventeen years of age; that he distinctly remembers that said Davis was married in the following year, sometime in the Spring thereof, but he cannot remember what month-- that the name of his wife previous to marriage was Lydia Meadows daughter of Joab Meadows deceased whom he also well knew;-- that said Davis continued to reside in said County until about the twenty fifth (25th) day of March seventeen hundred and seventy nine (1779) when he enlisted at a place called Calland's in said County as a private in a Company of Virginia Troops commanded at the time by one  Captain John Greene of Culpeper County in the State of Virginia in a Regiment of Troops which had been commanded for some time by Colonel (afterwards General) Edward Stevens, but that of name of Colonel of said Regiment  at the time of said Davis' enlistment is forgotten, (Colonel Stevens having resigned as Colonel of said Regiment in the fall of 1778,)-- that he was not present at said enlistment, but saw said Davis in two or three | days

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days afterwards when he was under the command of the Recruiting Officer under whom he enlisted and was en route to join the aforesaid Company-- that the name of the said Recruiting Officer was either "Faunteroy" or "Fauntleroy", and that he verily believes that John Myers of this County is the only surviving person who was present at the time & place of said enlistment-- that he has often heard many old men now deceased, as well as the aforesaid Myers declare that they were present at the time-- and that it has been always believed by the entire community that said Davis enlisted as above described:-- that he heard nothing more of said Davis until the fall of the same year, (about 4 or 5 months after his enlistment) when the aforesaid Regiment of Virginia Troops and several of[?] North Carolina Troops were ordered by Congress to march to Charleston in South Carolina to reenforce the Army of General Gates-- that said Davis did march to South Carolina as a private in said Company, and was there engaged in some of the most important battles in said State in the Campaign of 1780 & 1781, as he verily believes from letters which were written by said davis from the seat of war, which letters were frequently seen by him, the affiant, and from other proof which will be hereinafter adduced-- that he, the affiant, having also joined the service of the United States did not meet with said Benjamin Davis until the month of January in the year seventeen hundred and eighty one (1781) when he met with him in Guilford in North Carolina about two months before the discharge of said Davis-- that said Davis was then a private of the aforesaid company, and that said Captain John Greene having become Colonel of said Regiment, the said Company was then commanded by one Captain Gabriel Jones-- that said Davis had been driving a waggon in the Army of General Greene for some four or five months when he first met him and continued to drive said waggon until within a few days of his expiration of service:-- that he related to him, the affiant, many particulars of his service in the Southern Campaigns, and the numerous hardships which he had encountered:-- that he would be | discharged

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discharged in about two months and would then return to his family and friends in Pittsylvania County:-- he further declares that he served in the same Brigade for the balance of said Davis' term of service which was about two months, and that he saw him nearly every day during the said two months-- that said Brigade was commanded by General Huger, and was engaged in the Battle of Guilford Court House in North Carolina on the fifteenth day of March in the year seventeen hundred and eighty-one (1781);-- that on the day of said battle said Davis did abandon his waggon and team and did join the ranks of his aforesaid Company in order to engage the enemy the particulars of which he, the affiant, well remembers:-- that General Greene having fallen back to a place called "Speedwell Bron Works about ten miles from Guilford did there await some reenforcements from Virginia, and that said Davis was there discharged from said Company & Regiment on or about the twentieth or twenty fifth day of March seventeen hundred & eighty-one (1781), and that he well remembers to have seen him set out for home as he was returning to the same county from which the affiant came &c;-- that said Davis had been for some two or three days discharged from the Waggon Master's Department when he was discharged from said Company, and having returned to said County did there reside until the period of his death in March 1836-- that he, the affiant, having also served his term of enlistment did return to and reside in said County as a neighbor to said Benjamin Davis from the year 1821 to the period of his death-- that he did often hear from said Davis full details of his service and did often see his original discharge as a soldier during the time of their neighborship which discharge was dated on or about the day above mentioned and was signed by Colonel Greene; that said Discharge was in possession of said Davis until about the year eighteen hundred & twenty five (1825) or (1826) when, as he verily believes, said discharge was lost or mislaid by him and has never been found: that, when the affiant applied for and obtained pension, he tried to prevail upon said Davis also to apply, and that said Davis declined doing so for the following reasons viz: "that he had lost | his

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his discharge, his Captain & Colonel, whose affidavits of his service would be required, had been for many years dead, and he had been informed by some public officer at Richmond or Washington that his name was omitted on the Muster Rolls of his Regiment, and that in the absence of all these proofs it would be useless for him to apply."-- that he verily believes, that, for the above reasons neither the said Davis nor his surviving widow did ever apply for pension: but, that he remembers to have seen a letter addressed in the year 1846 or 1847 by one Capt. Philip Slaughter of Culpeper County to the said widow the purpose of which was-- "that he knew the said Benjamin Davis as a private in Captain Greene's (afterwards Captain Jones') Company-- that he had served two years therein and that he was surprised to hear said Davis had not been pensioned &c"-- that he has heard that said letter has been lost since the death of the said widow= that Benjamin Davis died in said County & State on or about the 20th day of March in the year 1836-- that his aforesaid widow died in the same County and State on or about the fourth (4th) day of January in the year 1848-- and that John Davis and Sarah Corbin, formerly Sarah Davis, both of whom he well knows, are the only surviving children of the aforesaid Benjamin Davis and Lydia Davis: He further declares that for the last five months, he (the affiant) has been entirely unable from prostration[?] by sickness to make this affidavit; but, having recovered therefrom, he now states what he distinctly remembers concerning said Davis & his service in the Revolution, and that he is disinterested.
William Dixon ["X" between "William" and "Dixon," accompanied by "his mark"]
Sworn to and subscribed before me this 28th day of November 1851, and I certify that the affiant is a Revolutionary pensioner, is a credible witness, & is unable from bodily infirmity to attend Court; and that he is now for the first time able, during the last four or five months, on account of severe sickness, to make this affidavit.
David H. Clark J.P. J.P.
And I certify that the above interlineations concerning dates was made before me before the affidavit was made. David H. Clark J.P.

Page 29

{State of Virginia
County of Pittsylvania} S.S.
I William H. Tunstall clerk of the County Court of said County do certify that David H. Clark Esq. before whom the following affidavits of Wm. Dixon & others were made is a justice of the peace in and for said County duly Commissioned & Sworn and authorized to administer oaths and that the [illegible] signatures purporting to be his are genuine
I also certify that the Court is a Court of Record--
In Testimony whereof I hereunto subscribe my name and affix the seal of said Court this 29th day of November in the year 1851--
Wm. H. Tunstall
[Large square white space]

Page 30

Pension Office
April 10, 1852.
Genl[?]:
The case of Lydia Davis, widow of Benjamin of Virginia, Act 4th July 1836, was reported and the papers sent to the Secretary of the Interior on the 6th ult. on your appeal from the decision of this office. Since then some papers represented by you to contain additional evidence in the case, and filed here about the 22nd [illegible: inst.?] have come up in their regular turn for action. I herewith return them to you that you may file them with the original papers if you [illegible] proper[?].

Yours Respectfuly,
YO Oblinn

F F C Triplett
for Commissionn.

Messrs Evans & Fant,
[Illegible], H.H.Y

Page 31

Referred[?] to the Comr of Pensions, with the [illegible] & in the case for reexamination in conexion with the adal. evd. enclosed
{Dept Int
Apl. 13, 52

Page 32

Washington April 13th 1852.
Sir.
We herewith enclose a letter from the Pension Office, together with our letter enclosing additional evidence in the case of Lydia Davis widow of Benjamon. We were under the impression that these papers were with there[?] originally filed, and which are necessary to complete his case. In accordance with the suggestion of the Comr of Pensions we file there[?], and trust that upon examination you will deem them sufficient to authorize the allowance of the claim.
Very respectfully
Evans & Fant

Hon A H. H. Stuart
Secy of the Interior.

Page 33

Jan 30/52 [underlined]
Evans & Fant
appeal in case
Lydia Davis

Refd. from Int. Dept.
Triplett

Refd to Comr Pensions for a Report
Dept Int
Jany 30/52

Page 34

Washington Jany. 27 1852.
Sir.
The Commissioner of Pensions having rejected the claim of Lydia Davis, widow of Benjamin of Virginia, under the Act of July 4th 1836, and believing that the evidence now on file is sufficient to authorize its admission, we are compelled to take an appeal.
Very respectfully
Evans & Fant

Hon A. H. H. Stuart,
Secretary of the Interior.

Page 35

Oct 8/52
Additional evidence in the case of Lydia Davis, wid. of Benjamin

Oct 8/52

Page 36

Washington Oct 6th 1852.
Sir.
We herewith enclose additional evidence in the case of Lydia Davis, widow of Benjamin, N. Carolina Act 7th July 1838.
This meets fully the requirements of the Pension Office, and we hope that the claim will no longer be staved office by mere technicalities, when it is so fully and clearly made and in conformity with the letter and spirit of the Pension laws.
Very respectfully
Evans & Fant

James E. Heath, Esq
Comr of Pensions.

Page 37

{State of Virginia
County of Pittsylvania} SS
On this twentieth day of June in the year one thousand eight hundred and fifty one, personally appeared before us, James Jones and Sexton W. Smith-- Justices of the County Court, a court of record of the aforesaid County and State, William Myers aged ninety two years, a highly respected resident of the said County and State and entitled to credit, who, being first duly sworn according to law, doth on his Oath declare that Benjamin Davis deceased, was enlisted in the services of the United States at "Calland's" in Pittsylvania Co. in the aforesaid State on the nineteenth day of March one thousand seven hundred and seventy nine for the term of Two Years:-- that he was a private in the company commanded by Captain John Green in the Culpeper Regiment of Virginia State Troops commanded by Colonel (General) Stevens,-- and continued in said service untill the nineteenth day of March-- one thousand seven hundred and eighty one when he was honorably discharged from said service by reason of his term of service having expired. That he was detailed as a teamster in the said service under the command of General Nathl Greene and was discharged as such on the nineteenth day of March, one thousand seven hundred and eighty one, as will appear by his original certificate of discharge herewith annexed. Deponent further swears that the said Benjamin Davis was married to his wife Lydia Davis in the County of Pittsylvania in the State of Virginia on the tenth day of May one thousand seven hundred and seventy eight, and that the name of the said Lydia Davis previous to the said marriage was Lydia Meadows.-- that the said Benjamin Davis resided in the County of Pittsylvania in the state of Virginia after the conclusion of the said service, and died in the said [crossed out] said County and State in the twenty second day of March

Page 38

in the year one thousand eight hundred and thirty six-- that said Lydia Davis remained a widow untill the fourth day of January one thousand eight hundred and forty eight on or about which day she also died in the aforesaid County and State and the Deponent further swears that John Davis, Elizabeth Thompson, Jennings Thompson, Patsy Thompson, children of Samuel Thompson and Nancy Thompson Dec. and Sarah Corbin are the only surviving heirs of Benjamin Davis Dec and Lydia Davis Deceased and that he is disinterested in this application, now being made by the heirs of the Deceased for whatever may be due
{Signed and sworn to before us the day and year above written} William Myers ["X" between "William" and "Myers," accompanied by "his mark"]
James Jones M. C. C.
Sexton W. Smith M. C. C.
-----
{State of Virginia
County of Pittsylvania} SS
I William H Tunstall clerk of the County Court of the aforesaid County and State, do hereby certify that James Jones & Sexton W, Smith Esquires before whom the foregoing affidavit was made are Justices of the County Court, a Court of Record for the aforesaid County and State, duly commissioned and qualified by law to administer Oaths and that the above are their genuine signatures
In testimony whereof I have herewith set my hand and affixed my seal of Office on this 8th day of July in the year one thousand eight hundred and fifty one
Wm. H. Tunstall

Page 39

No 7.764 [underlined]
Benj. Davis decd. [underlined] | Sept. 10th 1851 [underlined]
Jameson Corbin
administrator of the heirs of Benjamin Davis

Presented by
HG Fant
Attorney
Present[?]

Page 40

{State of Virginia,
County of Pittsylvania.} S.S.
On this Eighteenth day of July in the year one thousand eight hundred and fifty one personally appeared before us David H. Clark and Jesse Carter, Justices of the County Court a Court of Record, of the aforesaid County and State, Doctor Rawley White, aged 88 years, a highly respectable resident of the aforesaid county and State and entitled to Credit, who, being first duly sworn according to law, doth on his oath, declare that he was present at the marriage of Benjamin Davis with Lydia Meadows daughter of Joab Meadows all of the aforesaid County & State, which marriage took place at the house of said Joab Meadows in the County & State aforesaid on the tenth day of May in the year One thousand seven hundred and seventy eight and that one Jame s Hurt, decd., a Baptist Preacher of Minister duly authorized by law to celebrate the rites of Matrimony, did perform the rites of Matrimony on that occasion-- And Deponent swears that he is disinterested in making this declaration, and makes it by the request on of the heirs [illegible]
{Sworn to and subscribed before us on the day & year above written
David H. Clark M.C.C.
Jesse Carter M C C} Raleigh White
{State of Virginia
County of Pittsylvania.} SS. I do certify that David H. Clark and Jesse Carter Esquires before whom the above affidavit was made are Justices of the County Court, a Court of Record, for the aforesaid County & State, duly authorized by law to administer
{oaths and that the above are their genuine signatures
In testimony whereof, I have hereunto set my hand & seal this 18th day of July 1851. Wm. H. Tunstall clk

Page 41

Note: There is extant, or in possession of some Relative of the deceased (but now misplaced) an original letter from Captain Philip Slaughter of Culpeper, Virginia, certifying to the services of Benjamin Davis as a soldier in the within Company & Regiment. Said Capt. Slaughter is said to have served throughout the Revolutionary War on the Continental establishment, and is said to have been conversant with the men of this Regiment & their services-- If said letter cannot be found, its contents can be certified by a half dozen respectable citizens who have seen it, and will remember its contents. It was dated sometime in the summer of 1844. Capt. Slaughter has since died, & the Captain of said Company (John Green) has been dead about 36 or 37 years--
H.G. Fant

Page 42

Lydia Davis de
Va
Act 4 July 1836

H G Fant
attorney

Page 43

{State of Virginia
County of Pittsylvania} SS
We the undersigned, Justices of the County Court, a Court of record for the aforesaid County and State, do hereby certify that William Myers Esquire aged ninety two years, a resident of the aforesaid County and State whose deposition was made before us on the twentieth of June in this year one thousand eight hundred and fifty one in behalf of the heirs of Benjamin Davis deceased, was, at the time of making said deposition unable to attend in open Court by reason of bodily infirmity.
In witness whereof we have hereunto set our hands on this Eighteenth day of August in the year one thousand Eight hundred and fifty one
James Jones J.P.
M.C.
Sexton W Smith J P
{State of Virginia
County of Pittsylvania} SS
I William H. Tunstall Clerk of the County Court of the aforesaid County do certify that James Jones and Sexton W Smith Esquires whose genuine signatures appear above are and were at the date of the foregoing affidavit [crossed out] certificate[?] members of the County Court of said County, duly authorized to administer Oaths, and that the said County Court is a Court of Record. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said Court on this 20th day of August 1851--
Wm. H. Tunstall

Page 44

Washington, Decr. 22nd 1851.
Sir.
We herewith enclose additional evidence in the case of Benjmain Davis, decd. We think that the evidence will be sufficient to authorize the allowance of the claim. Capt. Philip Slaughter of Culpeper County was an uncle of Mr. Evans, and from his recollection, he entered the service as a volunteer private, very early in the war, say 1775-- was afterwards a Lieut., Captain, Paymaster and Clothier, in the Virginia Continental Line, and served to the close War.-- This refers to the case of Lydia Davis, Act 4th July 1836., Virginia, suspended. Your last letter is dated Nov. 20th 1851.
Very respectfully
Evans & Fant.

James E. Heath Esq
Comr of Pensions

Page 45

Washington Nov. 11th 1851.
Sir.
I herewith enclose additional evidence in the case of Lydia Davis widow of Benjmain. This claim was filed on the 9th Sep last.
Very Respectfully
F. S. Evans
for Evans & Fant.

J. E. Heath Esq
Comr of Pensions

Page 46

Brief in the cases of Benj & Lydia Davis, decd.
County and State of Virginia
acts June 7 1832 & July 4 1836
-----
Claim, ("original," or [crossed out] "for increase.")
Proof exhibited, (if original.)
Is it documentary, traditionary, or supported by rolls? If either, state the substance.
Pawl[?] & traditionary proof of service. Case admitted by the office. See letters of July 12 1852 & Sep 8 1852,.-- The length of time for which the case is admd. is not specified in either of the letters above referred to, but the witnesses swear to two yrs, I know the difficulty of remembering exact dates, but could not get my own [illegible] to allow this for [?]
(If for increase.)
Has additional evidence been filed since the admission of the claim? If so, what?
More than 12 months, I do not [illegible] the endorsements[?] in the [illegible] of the Examine, [illegible] to a copy of the letter of 12 Jul 1852, allowing for two years, as binding[?] on the office.

Name and Residence of Agent
Messrs Evans & Fant
Present

Thornton Triplett
Examining Clerk

Page 47

Report in case of Lydia Davis in which Messrs Evans & Fant appeal.

Papers enclosed numbering six, envelopes, included.

Rec. Mch 6. 1852

Page 48

Pension Office
March 6th 1852.
Sir;
I have the honor to return herewith Messrs Evans & Fant's letter of appeal in the case of Lydia Davis and to enclose all the papers in the case numbering six envelopes included as also a copy of my letter of 20th November last to H. G. Fant rejecting the claim.
Very Respectfully
Your Obt Servt.
JE Nealle
Comr of Pensions.

Hon. Alex H. H. Stuart
Secretary of the Interior.

Page 49

Benjamin Davis decd.
Va
admd. June 7 1832
1 yr pri[?] $40 p an from 4 March 1831 to 22 March 1836, when he died. Pay to Jameson Corbin, adm. for Jno Davis, Sarah Corbin & Nancy Thompson, surviving children
-----
Lydia Davis dec wid of Benj
Va. admd. July 4 1836
1 yr pri[?] $40 p annum from 22 March 1831, when her husband died, to 4 Jany 1848, when she died.
Pay as above.

[Illegible] in both cases to
Messrs Evan & Fant
Present

Page 50

1
Benjamin Davis-- Lydia Davis his widow
Act 4th July 1836. Va Susp.

Service.-- 1779--19. March, enlisted in the Va Cont Line for 2 years & continued in service until 19. March 1781. during said service was detailed as a Teamster, (see discharge as Teamster with the papers)
Married to Lydia Meadows, in the County of Pittsylvania Va 10 May 1778.-- Benjamin Davis, died 22 May 1836 [crossed out] 22nd March 1836. Lydia Davis, also died in said County of Pittsylvania, 4 Jany 1840. The Administrator, swears that the family record here [crossed out] attached to the declaration was cut from the family bible in the presence of the children, and the magistrates before whom the papers were executed, and that said family record was copied by him the Adm some 17 years since, from an old and much tattered family bible, which old Bible, has long since been destroyed. That during the life of said

Page 51

2
Benjamin & Sarah Davis, since their decease, the said record has been kept in the family & recognized as the family record.

John Myers of Pittsylvania County, aged 89 years, states that he was intimately acquainted with Benjamin Davis, was present when said Benj Davis, enlisted about the 19 or 20 March 1779, in the company of Capt John Green, Col Edward Stevens when said Reg was en route to join the Army of Gen Green in the South, at a place called Callands, in Pittsylvania County, which enlistment was for two years
That he frequently heard from said Benj Davis, during the campaigns in the South, & received from him the details of several battles Viz, Camden, Guilford C. H. &c. which details were after related to him-- He has often seen his discharge dated 19. March 1781-- & also his discharge as Teamster.

Page 52

3
He has often heard the said Davis say that the waggon & team which he brought home with him was his own, and was bought by him previous to his discharge. That they were married in Pittsylvania County in the Spring of 1778, by a Baptist Minister, named James Hurt. That he well knew the father and mother of Lydia Meadows

William Myers, of the same County, aged 92 years, testified pretty much to the same facts.--

His original discharge as Teamster is dated 19th March 1781.--

The Clerk of the Court of Pittsylvania County, certifies that the records of his office, afford no evidence of the marriage of Benjamin Davis with Lydia Meadows.--

Page 53

Pension Office
July 12th, 1852
Gentn.
I have examined the claim of Lydia Davis widow of Benjn. of Va. under the Act of 4th July 1836, in connexion with the additional evidence filed by you since taking an appeal to the Secty. of the Interior. This evidence is very good as far as it goes, but Mr. Dixon does not swear positively to as much service as would bring the claim under the Act of 7th June 1832. Altho' from his evidence, the presumption that he served two years is very strong, yet without positive proof I do not feel authorized to allow the claim.
It is surprising that in all this search for evidence of service, no effort has been made to obtain the record of it from the archives at Richmond. You will be required to apply there for it & if none can be found, a small allowance may be made on the deposition of Dixon. The date of the marriage is not established in accordance with the rules of this Office as you know. In the first place we must be furnished with the certificate of the Clerk, of the Court of the County in which the ceremony, was performed, showing what evidence, if any, his records afford. Then if none, the family Register, showing the date of that event or of the births of the children should be adduced: if not in existence, it should be so shown under oath, when parole testimony will be taken. In this case the marriage shows that the oldest child is now only 53 years old.
Very resply
Your Obt St
F F C Triplett
for Commissioner
{Messrs Evans & Fant
Present.}
| Kirby

Page 54

Aditional evidence
in the case of
Lydia Davis
widow of
Benjamin
North Carolina
Susp. Act 7. July 1838

Evans & Fant
Washington City

Page 55

Pittsylvania County, Virginia [Illegible marks or initials]:
I, L. Scruggs, clerk of the County Court of the aforesaid County do hereby certify, that, on examining the records of said Court in connection with appointment of Administrators of Benjamin Davis & Lydia Davis deceased,
I find that said Benjamin Davis, a respected revolutionary Soldier of said County, died in said County on the twenty second day of March in the year eighteen hundred & thirty six (1836) and that Lydia Davis his widow died in said County, on the fourth (4th) day of January in the year eighteen hundred & forty eight (1848), leaving the following named children surviving her Viz: John Davis and Sarah Corbin formerly Sarah Davis; And that said Court is a Court of record. In testimony whereof I hereunto subscribe my hand & affix the seal of said Court, at office, on the 22nd day of September in the year 1852.
L. Scruggs

Page 56

I hereby certify. that the name of Benjamin Davis is not found. in the list of Soldiers of the State Line. who received their Depreciation pay, and whose names are recorded in a Book. on file in this Office. entitled "the State Line Register."
Given under my hand at the Auditor's office. Richmond. This 17th Sept 1852.
Ro Johnston
First Auditor

Page 57

{State of Virginia
County of Pittsylvania} Set.
I William H. Tunstall clerk of the County Court, a Court of Record, for the aforesaid County and State, do hereby Certify that there is not amongst the files on record of said Court any evidence of the marriage of Benjamin Davis with Lydia Meadows, both of whom are dead--
In Testimony whereof I hereunto subscribe my name and affix the seal of said Court this 16th day of August 1851
Wm. H. Tunstall

Page 58

Comr of Pensions
Novemr. 20th/51
-----

Copy of a report to H.G. Fant Esq. in the case of Lydia Davis.

Page 59

Pension Office
November 20th 1851.
Sir:
The declaration in the case of Lydia Davis deceased is received and filed under the Act of July 4th 1836. According to its statement her husband lived until 1836, and she herself until 1848 yet neither of them seems to have discovered the services which are now set up for him. By the discharge filed with the papers it is shown that he was for a time, but for how long there is no means of discovering a wagoner.
The discharge itself, however, is evidence of the mistake made by the witnesses in supposing that he was an enlisted soldier. Had he been so, although he might have been transferred to the wagon service he would have been discharged not as a wagoner but as a soldier, and the fact would have been noted that his term of service had expired.

Page 60

The parties are certainly mistaken in supposing that he received two discharges, for he was and could have been under but one engagement. The witnesses did not serve with him and testimony can be of no avail. The case, cannot, therefore, be allowed, unless the length of his wagon service be proved by those who knew its exact duration-
The date of the marriage is not satisfactory shewn neither the dates of the death either of the husband or wife nor the names of the surviving children.

H. G. Fant Esq
Present