Revolutionary War Pension and Bounty Land Warrant Application File S. 30,371, John Davis, Va.

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Va. | Davis, John. | S. 30,371

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Paid at the Treasury under the act of April 6th 1838 and Aug 23 1842 from 4th Sept 1841 to 30th Sept 1841. Agent notified Oct 7th 1842. 

Kentucky  19389 

John Davis of Wayne in the State of Kent [Kentucky] who was a Pvt [private] the Co [Company] commanded by Captain Madison of the regt [regiment] commanded by Col Clanah in the [illegible] line for 19 mos

Inscribed on the Roll of Kent [Kentucky] at the rate of 63 Dollars 33 Cents per annum to commence on the 4th day of March, 1831.

 Certificate of Pension issued the 2 day of Sept 1833 and Rodes Garth Monticello 

Arrears to the 4th of March  | 12666 [126.66]
Semi-anl. allowance ending 4 Sept | 3166 [31.66] $158.32
$158.32 

Revolutionary Claim, Act June 7, 1832

Recorded by Danl Boyd Clerk,
Book E. Vol. 7 Page 7

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State of Kentucky Wayne County 

On this 14th day of September 1832 personally appeared Before Robert Belshe a justice of the peace for Wayne County Kentucky. John Davis of the County of Wayne and State of Kentucky aged he thinks & believes 74 years on the 12th day of Next December. Who being first duly sworn according to law doth on his oath make the following Declaration In order to obtain in Benefit of the provision made by an act of Congress passed June the 7th 1832 

That he first enlisted in the service of the United States in the year 1776 just after New year, (the particutor [particular] day not recollected) under Roby Madison the second Lieutenant of the company in Bollelvent County and State of Virginia, and served in the 7th Virginia Regiment, or of the line,  under the following officers. My Field officer was Genl Andrew Lewis Col McClanahan his christian name not recollected, and Major Boston his christian name not recollected and under my captain Thomas Posey. I served about 10 months & got sick too unwell to discharge my Duty

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with the ague & fever, In the mean time my Brother Thomas Davis, came down to the army to see me, and finding me unwell he agreed to stay in the army in my place, with my captain, untill [until] I might go home Recover and return. But shortly afterwards, & Before I got well, he wrote me I might not return that he could serve my two years out and did so. He then enlisted for three years longer. I received a furlough to come home from my officer or Captain when I was thus sick and my Brother Took my place as aforesaid. In this term of enlistment I was in no considerable Battle, except one Engagement at Guinns Island, against the British commanded by Lord Dummore. From Bottetourt [Botetourt] County. We first marched to Glocester Court House, and joined part of the Regiment. And thence to Augusta thence this Allenmark [possibly Albemarle], thence easterly to the sea shone, where we were stationed as a guard for some time. I then marched to Williamsburgh & was there stationed for some time. When and where my Brother Thomas Davis came to see me, and by the consent of my officer or Captain and good of the service, took my place as specified something like 12 months after my first enlistment was out [illegible] not recollected.   Having recovered my health again I again enlisted for three years in Bottetourt [Botetourt]

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County and State of Virginia, some time in the winter before the Battle of Little York under, I think Captain [illegible, possibly Bales or Balmes] Smith & served under Col. [illegible], his Christian not recollected, & Col Ghaskins, his Christian name not recollected and I think in the 12th Regiment of Virginia. We had many Generals in this time of service viz, Genl. Wayne General  Stanton, Genl. Sinclair, Genl. Marcus Helen Fayette and General Washington at the Seige of York in Virginia. We started & marched, into Augusta, Albemarle down James River & joined the main army following and pursing Lord Corn Wallace [Cornwallis] & his army in any direction he marched. At or near Jamestown we had a Battle & General Wayne was much wasted by the British by their laying in ambush for him. Thence we marched [illegible] and about Williamsburgh, and Remained about there untill [until] we marched to the siege of York and I was at the Siege  & Battle of York. And then one night, whilst on guard had my gun barrel in my hands about half cut off By the Bursting of a Bum shell. It set my clothes on him, I was much stunned and shocked, and remained speechless and senseless for some time, untill [until]the Balance of the Guard came to my relief & put out the fire Burning my cloths [clothes]. I [illegible] not experiencing much injury from the [illegible]

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After the Battle of York some time I was discharged  By Captain Nathanil Lamb who then commanded the particular time not now recollected. But well [illegible] of having service Nine months of my last enlistment of three, and had a written discharge from my officers, But many years years past [passed] in Virginia I parted with it & now know nothing of it

I served nineteen months as a private for which I claim compensation I know of no person by whom I can prove my services and have no documentary evidence

I the said John Davis hereby Relinquish my claim, whatever to a pension or annuity except the present, and declare that my name is not on the pension roll of any agency in any State.

Sworn to and subcribed this September inted this 14 day and year aforesaid

John X his mark Davis

 Dennis Hopkins a neighbor of said John Davis residing in Wayne County and Johnson Hamilton Residing in the same hereby certify that we are well acquainted with John Davis who has subscribed and Sworn to the above Declaration that we believe him to be seventy-four years of age on the 12 December 1832and Believe ]illegible] neighborhood when he [illegible] of have been a Soldier of the Revolution and that we concur in that opinion. 

Sworn and subscribed this day and year aforesaid.

Dennis Hopkins
Johnson Hamilton

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information as contained in his (or his widow's) application for pension on file in the Bureau. John Davis S.F. 30 371
Dates of Enlistment or Appointment. : [illegible] 1776
Length of Service. : 10 mos. 
Rank.: P[illegible possibly Private/Pv1?]
Captain.: Thomas Posey
Colonel.: [Illegible]
State.: Va 
Dates of Enlistment or Appointment. : [illegible] 1781
Length of Service. : 9 mos. 
Captain.: [illegible]
Colonel.: [Illegible]
Captain.: Nathaniel Lamb
Colonel.: [Illegible]

Battles engage in, [illegible] Island, Jamestown. [illegible] and Battle of Yorktown
Residence of soldier at enlistment, enlisted in [illegible] Va
Date of application for pension, Sept 14 1832 [illegible]
Residence at date of application, Wayne [illegible] Ky
Age at date of application, b. Dec 12, 1758
Remarks: Children [illegible] living in 1841 but no names are [illegible]
[Written math problem to the side to determine DOB]: 1832-74=1758


Brother Thomas
Very respectfully,

Commissioner.
1565b3m10-08

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30371
Invalid

Revy

File No. 30371

John Davis
Prv. Rev. War
Act. June 7th, 32
Index: Vol. D, Page 108

1912, Feby, 15th 71st 
C.G. Bradley U.S.A.
1913, Aug 7th, to G.E. Mr. [Illegible] U.S.A.

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In Davis 

To the Secretary at War Washington City D. Columbia

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And I Robert Belshaft, a Justice of the peace of Wayne County, the said John Davis from Bodily infirmity & age being unable to attend the County of Cecil court of Wayne County do herby declare my opinion after the investigation of the matter and after putting the interrogators prescribed by the war department that the above named applicant was a Revolutionary soldier and served as he states, and the said Robert Belshaft, a justice of the peace for the county aforesaid further certify that it appears to me that Dennis Hopkins who has signed the [illegible] certificate is credible person resident in said County of Wayne and Johnson Hamilton who has signed this same is a resident in the County of Wayne and and is a credible person, and that their Statement is entitled to aid it, So Clergyman in No the neighborhood, that can be conveniently procured at this time September the 14th 1832 Robert Belshaft 

State of Kentucky County of Wayne, SST 
G. William Simpson Clerk of the County Court of Wayne County

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do hereby certify that Robert Belcher Esq where name appears to the foregoing certificate is a Justice of the peace in for said County of Wayne duly commissioned & sworn according to law that his attestation is in due form of law & that full fact and credit is due to all his official acts as such

In Testimony whereof I have Recounts So my hand and [illegible crossed out] seal of office do this the 14th day of June [September is crossed out] 1833.

Wm. Simpson, Clerk.

State of Kentucky
County of Wayne, S.S. 

I Archibald Woods, a presiding justice of the County Court of Wayne County do herby certify that William Simpson, whose name appears to the [illegible] certificate is acting Clerk of said court, duly qualified ascending to law that his attestation is in due form of law and that free faith and credit is due all his official acts as such this 7th day of June 1833.

Archibald Woods
Presiding Judge.P. W. C.Ct.

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Mr. Davis,
Ken [Kentucky]
from 1776 private
19 months
Virginia Roll: $63.33
On Roll

Rodes Garth,
Monticello
Ken [Kentucky]

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BRIEF objections to the admission of Pension Claims, of which those answered in the negative, in red ink, will apply to the claim of John Davis which require further proof or explanation.
I. Does the declaration show where the applicant resides? Yes
II. Did the declarant make the declaration in the county where he resides? Yes
III. If the applicant did not make the declaration in the county where he resides, is there any reason assigned for his not doing so? 
IV. Has the declarant mentioned the period or periods of the war when he served? Yes
V. *Has he mentioned 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? [illegible word crossed out, possible No]
VI. Has he given the names of the officers under whoim he served; in conformity with the regulations? Yes
VII. Has he made a relinquishment of every claiim to any other pension than the one under the Act of June 7, 1832? Yes
VIII. Has the Court given their opinion? Yes
IX. Has the Clerk given his certificate? Yes
X. Is the Clerk's seal affixed? And if so, has it a device or inscription by which it can be distinguished from any other seal? No seal of office

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2
XI. Has the applicant obtained the evidence of a clergyman and another respectable citizen as to their belief respecting his age and the general belief in his neighborhood relative to his revolutionary service? Citizens
XII. If the clergyman's affidavit has not bee produced, is there any reason assigned for not obtaining it? Yes
XIII. If the applicant has no documentary evidence, and has not obtained the testimony of at least one living witness, has he stated in his declaration that such proof cannot be had? No
XIV. If the applicant's name is no found on the rolls of military service, has he produced a witness or witnesses as to his service? [No crossed out]
If he has produced direct proof as to service, has the magistrate who administered the oath certified to the credibility of the witness or witnesses? - 
Has the proper officer certified to the official character and signature of the magistrate as the regulations direct? -
XV. Does it appear from any of the papers that the witness was in such a situation, or of such an age, as to have a personal knowledge of the applicant's service? - 
XVI. Are the papers authenticated as the regulations direct? No
XVII. Are the seven interrogatories prescribed by the War Department answered satisfactorily? And, if not, which of them is not so answered? [illegible]

EXPLANATORY NOTES
QUERE V. 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.

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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 they served two years in the militia, &c. without specifying 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 shewn 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.
QUERE XIV. Proof of Service
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 claimants 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.
QUERE XVI. Mode of authenticating papers.
In every instance where the certificate of the certifying officer who authenticates the papers is not written on the sheet of paper which contains the affidavit, or other paper 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.
[glyph of hand pointing right] In every case where the clerk of the court, or other certifying officer, 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.

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GIDEON, PRINTER
TREASURY DEPARTMENT,
SECOND COMPTROLLER'S OFFICER
Sept. 29th, 1842
Sir:
Under the act of the 6th of April, 1838, entitled "An Act directing the transfer of money remaining unclaimed by certain Pensioners, and authorizing the payment of the same at the Treasury of the United States," and the 3d sections of the Act of August 23, 1842, extending the time within which pensioners may receive their pensions from the pension agents, The children of John Davis, dee a Pensioner on the Roll of the Kentucky Agency, at the rate of sixty three Dollars and 33 cents per annum, under the law of the 7th June 1832, has been paid at this Department, from the [6?]th of Sept. 18[6?]1 to the 30th Sept, 1841
Respectfully yours,
[illegible signature] 
Comptroller

To the COMMISSIONER OF PENSIONS,
Present.

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[illegible] 9-
32 [illegible] ave
Atlanta, GA
Feb 7- 1912

Pension Commissioner 
Washington, D.C.
Dear Sir: I understand [illegible] Joseph Mosely, of [illegible] Co, S.C. in 1830, and John Davis of [illegible] Co, Ky in 1833 were Revolutionary pensioners and [illegible] you have a record of their services in the Revolutionary War, [illegible] you [illegible] of said services and greatly oblige
Yours [illegible] Truly
Mrs C.G. Bradley
[illegible] 9- no 32 [illegible] Ave
Atlanta, Ga

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L. S. K. McCUTCHEN
CASHIER FARMERS BANK
G.E. McCUTCHEN 
ATTORNEY-AT-LAW

McCUTCHEN & SON
FARM LOANS, ABSTRACTS AND INSURANCE
WITH FARMERS BANK OF UNIONVILLE

[illegible faded stamp]
UNIONVILLE, MISSOURI.
Feby. 19th., 1913.
U.S. Pension Department,
Washington, D.C.
Dear Sirs -
We write to inquire in regard to John Davis, who drew a pension from your department as a Revolutionary Soldier.
We believe he drew the pension while living in Wayne County Kentucky for services in the War of Independence. If your records show same, please let us know his regiment, and where he enlisted from, and oblige. 
Respectfully yours, 
[illegible signature]