Revolutionary War Pension and Bounty Land Warrant Application File S. 10,533, Jonathan Davis, N.H.

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(3-1776)

Service
N.H.
Davis, Jonathan
Number S.10.533
carded.

CONTENTS_____

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15205
New Hampshire

Jonathan Davis
County of Rockingham in the State of New Hampshire who was a private in the company commanded by Captain Sanburn of the Regt. commanded by Col Task in the N. H.  ma service for 1 year

Subscribed on the Roll of New Hampshire in the rate of 40 dollars 0 cents per annum, commence on the 4th day of March, 1831.

Certificate of Pension ifsued the 1 day of June 1833 and Sent to John Kelly Exeter

Arrears to the 4th of March 1833 $80.00
Semi-anl. allowance ending 8 Sept 20.00
$100.00

Revolutionary Claim,
Act June 7, 1832.
Record by W. R. Williams Clerk,
Book e Vol. 1 Page 87

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Declaration of
Jona Davis
24716

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State of New Hampshire
County of Rockingham Fs

On this nineteenth day of March AD 1833 personally appeared in open Court before John Harvey Judge of the Court of Probate now sitting at Portsmouth in said County Jonathan Davis a resident of Nottingham in the County of Rockingham and State of New Hampshire aged seventy seven years and upwards who being first duly sworn according to law doth in his oath make the following declaration in order to obtain the benefit of the provision of the Act of Congrefs passed June 7, 1832 --That he entered the service of his country in the war of the revolution early in the month of June 1776 when he enlisted at said Nottingham in the company commanded by Captain Nathan Sanborn of Deerfield in said County in the Regiment commanded by Col. Thomas Tash of Newmarket for the term of six months and marched in said Company through Charlestown in New Hampshire to Fishkill and Peekskill in New York and continued to do duty in said company until the term of his enlistment expired and he was honorably discharged in the month of December 1776 -- at Peekskill as he believes --
That in 1778 as he believes but is not certain but it might be in 1779 and about he thinks in the month of June he again enlisted at said Nottingham in the company commanded by Capt Benjamin

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Sias for six months and marched to Portsmouth in New Hampshire where and in that neighborhood he continued to serve till his term expired and he was at said Portsmouth honorably discharged as he believes in the  month of December

The declarant saith that by reason of age and consequent infirmity and loss of memory he cannot be positive as to the precise period of his enlistments and discharges but verily believes that he did serve the terms of six months under each of his enlistments--in manner aforesaid.

--That he was born in Durham in said State in the year 1756--

that he has no authentic record of his age --

that he resided in Nottingham aforesaid at both periods of his enlistment --

that since the war he lived fourteen years in Northwood in said County of Rockingham and the remainder of the time at Nottingham aforesaid and where he still resides --

that he doth not remember with distinctness the names of the officers commanding at the times of his services--

that he had no written discharges--

that in both instances he enlisted and served as a private --

He hereby relinquishes every claim to a pension or annuity whatever except the present and declares that his name is not on the

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pension roll of the agency of any State.
Jonathan Davis his X mark

Sworn to and subscribed the day and year aforesaid
Johns Kelly Reg Probate

And the said Court does hereby declare the opinion after the investigation of the matter and after putting the interrogations prescribed by the war Department that the above named applicant was a revolutionary soldier and served as he states and
John Harvey Judge of Probate

I John Kelly Register of Probate and Clerk of the Court of Probate for said County of Rockingham do hereby certify that the foregoing contains the original proceedings of the said Court in the matter of the application of Jonathan Davis for a pension

In testimony whereof I have hereunto set my hand and the seal of said Court this nineteenth day of March AD W33
John Kelly
Regs Probate

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24716
Jonathan Davis
N.H.

Private 1 year

John Kelly
Exeter N.H.

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WAR DEPARTMENT,
Pension Office,
183

Sir:
The evidence in support of your claim, under the act of June 7, 1832, has been examined, and the papers are herewith returned. The following is a statement of your case in a tabular form. On comparing these papers with the following rules, and the subjoined notes, you will readily perceive that objections exist, which must be removed, before a pension can be allowed. The notes and the regulations will shew what is necessary to be done. Those points to which your attention is more particularly directed, you will find marked in the margin with a brace, (thus: }). You will, when you return your papers to this Department, send this printed letter with them; and you will, by complying with this request, greatly facilitate the investigation of your claim.

A Statement, shewing the Service of Jonathan Davis N.H.
Period when the service was rendered.
June 1776 enlis
June 79 
Duration of the claimant's service. 
Years
__
__
Months
6
6
Days
__ 
__
Rank of the claimant.
Private
Private
Names and rank of the Field officers under whom he served.
Cpt Sanborn - Col Task
Cpt Sias forgotten the rest of the officers
Age at present, and place of abode when he entered the service
77 born Durham N.H.
Entered at Rockingham N.H. and now lives there
Proof by which the declaration is support.
4 surviving witnefses knows all his service
good papers
I am, respectfully,
Your obedient servant,
J. L. Edwards,
Commissioner of Pensions.

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REGULATIONS UNDER THE ACT OF JUNE 7, 1832.
The following regulations have been adopted:
This law has been construed to extend, as well to the line, as to every branch of the Staff of the Army, and to include under the terms "Continental Line." "State troops," "militia," and "volunteers," all persons enlisted, drafted, or who volunteered and who were bound to military service, but not those who were occasionally employed with the army upon civil contracts, such as Clerks to Commissaries and to Store Keepers, &c, Teamsters, Boatmen, &c. Persons who served on board of private armed vessels are also excluded from the benefits of the law, as well as persons who turned out as patrols, or were engaged in guarding particular places at night, and were not recognized as being in actual military service.
Four general classes of cases are embraced in this law:
1. The Regular Troops.
2. The State Troops, Militia, and Volunteers.
3. Persons employed in the Naval Service.
4. Indian Spies.
As rolls of the regular troops in the Revolutionary War exist in this Department, all persons claiming the benefit of this law as officers, non-commissioned officers, mucicians or privates, will, in the first instance, make application by transmitting the following declaration, which will be made before a Court of Record of the County where such applicant resides. And every Court having by law a seal and Clerk is considered a Court of Record.
DECLARATION
In order to obtain the benefit of the Act of Congress of the 7th of June, 1832.
State, Territory, or District of
County of } ss.
On this ___ day of ___ personally appeared (a) before ___
A. B. a resident (b) of ___ in the county of ___ and State, Territory or District of ___ aged (c) ___ years, who being first duly sworn, according to law, doth on his oath make the following declaration, in order to obtain the benefit of the provision made by the act of Congress, passed June 7th 1832. That he enlisted in the Army of the United States in the year (d) ___, with ___ and serviced in the ___ (e) regiment of the ___ line, under the following names officers: (Here set forth the names and rank of the Field and Company Officers; the time he left the service; (and if he served under more than one term of enlistment, he must specify the particular period, and rank and names of his officers;) the town or county and State in which he resided when he entered the service; the battles, if any, in which he was engaged, and the country through which he marched. NOTE: This form is to be varied so as to apply to the cases of officers and persons who belonged to the militia, volunteers, navy, &c.)
He herby relinquishes every claim (f) whatever to a pension or an annuity, except the present, and he declares that his name is not on the Pension Roll of any Agency in any State, or (if any) only on that of the Agency in the State of ____
Sworn to and subscribed the day and year aforesaid. A. B.
(And then will follow the certificate of the Court.)
And the said Court do hereby declare their opinion (g) that the above named applicant was a revolutionary soldier and served as he states.
I _______________ of the Court of _________________
do herby certify (h) that the foregoing contains the original proceedings of the said Court in the matter of the application of ____________________ for a pension.
In testimony whereof, I have hereunto set my hand and seal of office (i) this ________ day of _______ &c.
If, on examination of the proper record, the names of applicants, making such declaration, cannot be found, they will produce such proof as the rule given in note (j) points out.
Every applicant who claims a pension by virtue of service in the State Troops, Volunteers or Militia, except those who belonged to the New Hampshire Militia and State Troops of Virginia, will make and subscribe a declaration similar to the foregoing, with the following additions, viz:
(k) We, A. B., a Clergyman, residing in the _____ and C.D. residing in (the same) hereby certify, that we are well acquainted with ________, who has subscribed and sworn to the above declaration; that we believe him to be _____ years of age; that he is reputed and believed, in the neighborhood where he resides, to have been a soldier of the Revolution, and that we concur in that opinion.
Sworn and subscribed the days and year aforesaid.
(And then will follow the certificate of the Court.)
And the said Court do hereby declare their opinion, after the investigation of the matter, and after putting the interrogatories prescribed by the War Department, that the above named applicant was a Revolutionary Soldier, and served as he states. And the Court further certifies that it appears to them that A. B. who has signed the preceding certificate is a clergyman, resident in the _______ and that C. D., who has also signed the same is a resident in the _____________ and is a credible person, and that their statement is entitled to credit.
I, ______________ Clerk of the Court of ______________ do herby certify that the foregoing contains the original proceedings of the said Court, in the matter of the application of __________ for a pension
In testimony whereof, I have hereunto set my hand and seal of office, this ______ day of _____&c.
Every applicant will produce the best proof in his power. This is the original discharge or commission; but if neither of these can be obtained, the party will so state under oath, and will then procure, if possible, the testimony of at least one credible witness, stating in detail his person knowledge of the service of the applicant, and such circumstances connected therewith, as may have a tendency to throw light upon the transaction. 
If such surviving witness cannot be found, the applicant will so state in his declaration, (l) and he will also, whether he produce such evidence or not, proceed to relate all the material facts, which can be useful in the investigation of his claim, and in the comparison of his narrative with the events of the period of his

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alleged service, as they are known at the Department. A very full account of the services of each person will be indispensable to a favorable action upon his case. The facts stated will afford one of the principal means of corroborating the declaration of the applicant, if true, or of detecting the imposition, if one be attempted; and unless, therefore, these are amply and clearly set forth, no favorable decision can be expected. All applicants will appear before some Court of Record in the County in which they reside, and these subscribe and be sworn to, one of the declarations above provided, according to the nature of his case. 
The Court will propound the following (m) interrogatories to all applicants for a pension, on account of service in the Militia, State troops, or Volunteers, except the Militia of New Hampshire and the State troops of Virginia.
1. Where are in what year were you born?
2. Have you any record of your age, and if so, where is it?
3. Where were you living when called into service; where have you lived since the Revolutionary war, and where do you now live?
4. How were you called into service; were you drafted, did you volunteer, or were you a substitute? And if a substitute, for whom?
5. State the names of some of the Regular Officers, who were with the troops, where you served; such Continental and Militia Regiments as you can recollect, and the general circumstances of your service.
6. To a Soldier.} Did you ever receive a discharge from the service, and is so, by whom was it given, and what has become of it?
To an Officer.} Did you ever receive a commission, and if so, by whom was it signed, and what has become of it?
7. State the names of persons to whom you are known in your present neighborhood, and who can testify as to your character for veracity, and their belief of your services as a soldier of the Revolution.
The Court will see that the answers to these questions are embodied in the declaration, and they are requested to annex their opinions of the truth of the statement of the applicant.
The applicant will further produce in Court, if the same can be done, in the opinion of the Court, without too much expense and inconvenience to him, two respectable persons -- one of whom should be the nearest clergyman, if one lives in the immediate vicinity of such applicant, who can testify, from their acquaintance with him, that they believe he is of the age he represents, and that he is reputed and believed in the neighborhood to have been a Revolutionary soldier, and that they concur in that opinion. If one of these persons is a Clergyman, the Court will so certify, and they will also certify to the character and standing of other persons giving such certificates.
The traditionary evidence of service is deemed very important, in the absence of any direct proof, except the declaration of the party. And the Courts are requested to be very particular in the enquiry whether the belief is general, and whether any doubts have ever existed upon the subject.
Applicants unable to appear in Court, by reason of bodily infirmity, may make the declaration before required, and submit to the examination, before a Judge or Justice of a Court of Record of the proper county, and the Judge or Justice will execute the duties, which the Court is herein requested to perform, and will also certify that the applicant cannot, from bodily infirmity, atttend the Court.
Whenever any official act is required to be done by a Judge or Justice of a Court of Record, or by a Justice of the Peace, the certificate of the Secretary of State or Territory, or of the proper Clerk of the Court or County, under his seal of office, will be annexed, stating that such person is a Judge or Justice of a Court of Record, or a Justice of the Peace, and that the signature annexed is his genuine signature.
No payments can be made on account of the services of any person, who may have died before the taking effect of the act of June 7, 1832; and in case of death subsequent thereto, and before the declaration herein required is made, the parties interested will transmit such evidence as they can procure, taken and authenticated before a Court of Record, showing the services of the decease, the period of his death, the opinion of the neighborhood respecting such services, the title of the claimant, and the opinion of the Court upon the whole matter.
-------------------------
(a) The declarant must appear in open Court, unless prevented from doing so by reason of bodily infirmity in which case the declarant will follow the rule laid down for his guidance.
(b) The declarant must make his declaration in the county where he resides. If he should fail to do so, he must assign a sufficient reason for not conforming to the rule.
(c) The age of the claimant must invariably be mentioned.
(d) The declarant must mention the period or periods of the war when he served.
(e) Every continental officer or soldier must give the name of the Colonel under whom he served; otherwise a satisfactory examination of the claim cannot be had. Every claimant must state, with precision, the length of his service, and the different grades in which he served, in language so definite as to enable the Department to determine to what amount of pension he is entitled. In a case where the applicant cannot, by reason of the loss of memory, state precisely how long he served, he should amend his declaration by making an affidavit in the following words:
"Personally appeared before me, the undersigned, a Justice of the Peace, &c. A. B. who, being duly sworn, deposeth and saith, that, by reason of old age, and the consequent loss of memory, he cannot swear positively as to the precise length of his service; but, according to the best of his recollection, he served not less than the periods mentioned below, and in the following grades: -- For ___ year ___ months, and ___ days, I served as a ____  For ___ months and ___ days, I served as a ___; and for such service I claim a pension."
It is important, in all cases, to determine with precision the period for which each applicant served, and the particular rank he held, as the law directs the pension to be paid according to the grade of the pensioner and the length of his service. The use of the phrase about three or four months, is too indefinite, and all such qualifying expressions are objectionable. Some persons who apply for pensions merely state that they served two years in the militia, &c. without specifying the tours, the names of the officers, and other particulars respecting their service. This form of a declaration is highly objectionable. It must, in every case, be clearly shown under what officers the applicant served; the duration of each term of engagement; the particular place or places where the service was performed; that the applicant served with an embodied corps called into service by competent authority; that he was either in the field or in garrison; and for the time during which the service was performed, he was not employed in any civil pursuit.
(f) The law makes the relinquishment indispensable.
(g) The opinion of the Court is always required.
(h) The Clerk must give his certificate in every case.
(i) The Clerk must affix his seal, and if it has no device or inscription by which it can be distinguished from any other seal, or if he has no public seal of office, the certificate of a Member of Congress, proving the official character and signature of the certifying officer, should accompany the papers.
Mode of authenticating papers.
In every instance where the certificate of the certifying officer who authenticates the papers is not written on the same sheet of paper which contains the affidavit, or other papers authenticated, the certificate must be attached thereto by a piece of tape or narrow ribbon the ends of which must pass under the seal of office of the certifying officer, so as to prevent any paper from being improperly attached to the certificate.
Proof of Service.
(j) In a case where the name of the applicant is not found on the records of the Department, he must prove his service by two credible witnesses who are required to set forth in their  affidavits the time of the claimant's entering the service, and the time and manner of his leaving the same, as well as the regiment, company, and line to which he belonged. The magistrate who may administer the oaths must certify to the credibility of the witnesses and the official character and signature of the magistrate must be certified by the proper officer, under his seal of office.
(Right pointing hand symbol) The notes from (a) to (i) are all equally applicable to the case of Militia men, Volunteers and State Troops. The proof required by rule in (j) applies to continental troops only.
(k) This traditionary evidence is indispensable in militia cases.
(l) If a witness cannot be found, the declarant must state the fact.
(m) The answers to the interrogatories must all be written, and sent to the War Department, with the declaration.

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10533
INVALID
File No. 10.533

Jonathan Davis
Pri Rev War

Act: June 7th 32
Index: Vol. a, Page 91

(arrangement of 1870.)

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Jacob Davis,
affidavit

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I Jacob Davis of Center Harbour in the County of Strafford and State of New Hampshire of lawful age testify and say that I have been acquainted with Jonathan Davis of Nottingham in the county of Rockingham and State of NH for seventy years. That in the year 1779 as near as I can recollect, the aforesaid Jonathan Davis and I inlisted in Capt. Benjamin Sias, company of militia for six months to go to the fort on Sevieys Island (so called) at Portsmouth N.H. and we both went to said fort and did duty until we were discharged.
Jacob Davis

Rockingham fs August 2nd 1832 Personally appeared the above named Jacob Davis and made solemn oath that the above affidavit by him subscribed is true
Before me
Joseph Tuttle Justice Peace

I hereby testify that the above named Deponent is a credible person 
Joseph Tuttle, Justice Peace

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State of New Hampshire
County of Rockingham fs

I John Kelly Register of Probate and Clerk of the County of Probate for said County do hereby certify that Joseph Tuttle is a Justice of the Peace for said County and that his signatures to the written certificates are in his own handwriting.
In testimony whereof I have hereunto set my hand and the seal of said Court this 19th day of March AD W33
John Kelly
Regs Probate

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Geo. Seawards affidavit in favor of Jona Davis

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I George Seaward of Strafford in the County of Strafford and State of New Hampshire aged seventy three years depose testify and declare that I served in the War of the Revolution in the year 1778 in a company commanded by Captain James Nate stationed at Fort Washington on an Island at Piscataqua Harbour near Portsmouth New Hampshire. That I well remember that I found there Jonathan Davis of Nottingham in the County of Rockingham and State aforesaid a private soldier in a company stationed at the same place commanded by Captain Benjamin Sias, I have been well acquainted with Jonathan Davis for sixty years, how long said Davis had been at the Fort at Portsmouth when our company arrived I do not know, but I well recollect that Captain Nester and Captain Sias company were both discharged at the same time. It was the latter part of August or first of September when I enlisted and went to the Fort which was I think for a period of three months.
George Seaward

Strafford fs. March 6th 1833 Then George Seaward subscribed and made solemn oath to the truth of the above affidavit before me.
Edward B. Nealley
I certify that the above named George Seaward is a credible person.
Edward B. Nealley Jus: Peace

1833
77
1756

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State of New Hampshire
County of Rockingham fs

I John Kelly register of Probate and Clerk of the Court of Probate and said County do hereby certify Edward B. Nealley is a Justice of the Peace for the County of Strafford in said State and his signatures to the foregoing certificates are in his own handwriting. 

In testimony whereof I have hereunto set my hand and the seal of said Court this nineteenth day of March AD 1833.

John Kelly Reg Probate

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Abner Davis
affidavit in fav
of Jona Davis

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I Abner Davis of Nottingham in the County of Rockingham and State of New Hampshire aged about seventy eight years depose testify and declare that I served with the State troops of New Hampshire in the War of the Revolution as a private soldier in the company commanded by Capt. Nathan Sanborn of Deerfield in the regiment commanded by Colonel Thomas Task of Newmarket in the year 1776. That I enlisted in the first of the month of June, that I marched with said company to Fish Kill and Peakskill in the state of New York and there joined said regiment and continued to do duty in said corps six months and was then honorably discharged which discharge I have casually lost. I do know and well remember that Jonathan Davis of Nottingham served with me as a private soldier in said company and regiment in the War of the Revolution for the above terms of six months. Jonathan Davis was at the time of his enlistment an inhabitant of Nottingham and now lives there.
Abner Davis

Rockingham fs. July 5th 1832 Then Abner Davis subscribed & made solemn Oat to the truth of the above affidavit. Before me Isael Bartlett Jus: Peace
July 5

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I hereby certify that the within named Abner Davis is a credible person.
Israel Bartlett Jus: Peace

State of New Hampshire
County of Rockingham fs
John Kelly Register of Probate and Clerk of the Court of Probate for said County do hereby certify that Israel Bartlett is a Justice of the Peace for said County and that his signatures on the above and written certificates are in his own handwriting.
In testimony whereof I have hereunto set my hand and the seal of said Court this 19th day of March AD 1833
John Kelly Reg Probate

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I William Simpson of Nottingham in the County of Rockingham and State of New Hampshire aged about eighty three years depose testify and declare that I served with the State troops of New Hampshire as a private soldier in the company commanded by Capt. Nathan Sanborn of Deerfield in the regiment commanded by Colonel Thomas Task of Newmarket in year 1776.  That I enlisted in first part of the month of June, that I marched with said company to Fish Kill and Peackskill in the State of New York and there joined said regiment, and continued to do duty in said corps until the last of December in the year 1776 aforesaid when I was honorably discharged from the service aforesaid having served in said corps six months the discharge I received at the close of my service I have casually lost. I do know and well remember that Jonathan Davis served with me in said company and regiment in the War of the Revolution for the above term of six months and Jonathan Davis was at the time of his enlistment an inhabitant of Nottingham and now lives in the same town. 
Willaim Simpson
July 5.

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Rockingham fs July 5. 1832 Then William Simpson subscribed and made solemn oath to the truth of the within affidavit.
Before me Israel Bartlett Jus: Peace

I hereby testify that above named William Simpson is a credible person - Israel Bartlett Jus: Peace

State of New Hampshire
County of Rockingham ss
I John Kelly Register of Probate & Clerk of the Court of Probate for said County do hereby certify that the above named Israel Bartlett is a Justice of the Peace for said County and that his signatures to the above certificates are in his own handwriting. In testimony whereof I have hereunto set my hand and the seal of said Count this 19th day of March AD W33
John Kelly Regs Probate

William Simpson affidavit in fav. of Jona Davis