Revolutionary War Pension and Bounty Land Warrant Application File R. 6685, for Rice Mc Daris, North Carolina

SERVICE
NUMBER
16
Mc Davis, Rice Rachel E.
R. 6685
CONTENTS

the 13th day of July in the 13th year of our Lord one thousand eight hundred and thirty
No 7684
Declaration in the McDaris case
Heard 23 July 1824

State of N o Carolina } 5 th Section Act 4 th July 1836 Puncombe county }
On this the 18 th day of August, personally appeared before me the undersigned an acting Justice in said county; Rachel E ce Davis a resident on Big Swamp in said county, and State of N o Carolina, aged ninety three years, who being first duly sworn according to law, doth on her oath make the following declaration, in order to obtain the benefit of the provision made by an act of Congress, passed July 4 th 1836: That she is the widow of Rice M c Davis who was a private soldier in the company of N o Carolina Militia commanded by captain Silas Martin whose company belonged to the Regiment of militia commanded by colonel Benjamin Clavance. That her husband Rice M c Davis was drafted the first time on the 18 th day of June in the year A d 1817 seven hundred and seventy seven, (The widow is not certain, whether it was in 77 or 78, but is of opinion that it was seventy seven when her husband entered the service) and was at the time of his being drafted a citizen of Wilkes county and State of N o Carolina. This term of service (she thinks) was four months and was expressly for the Cherokee Indian war, and was marched direct in to the country inhabited by said Indians, and was gone from the time he entered said service until he returned home four months and sixteen days. She thinks that this return home was about the beginning of November, and year above mentioned.
She further says that her husband the above mentioned Rice M c Davis, was at home something like four weeks, when an express again arrived

for the men in Wilkes County again to enter the service. That her husband again was drafted, and served a term of six weeks under one captain Allen still belonging to Colonel Clearwater's Regiment of Militia, which expedition was against a body of Tories, who were then collecting not far from said county. She further says that if he was in any battle, this town that she does not now remember it. The said Rice McDaniel was at home but a short time, when he was again drafted (or as she says) pressed into the service, and under the same officers viz, Capt Allen and Colonel Clearwater for the term of three months, and was during this period of service in a battle called the Hanging Rock, but in what county said battle was fought she is not certain, nor even the month when it was fought. This time then expired and the said Rice McDaniel again came home, and remained there but a short interval, till he was again called out,
The applicant further says, that her husband the aforesaid Rice McDaniel, served another term of three months, and was drafted again, belonging to Captain Lewis' company and belonging to one Col Allen's Regiment; the same Allen she thinks who was before a captain and under whom her husband served his first term of service; That during this period of service the said Rice McDaniel was in another battle called the Green Springs, and is of opinion, that this battle was with the Tories, and perhaps a portion of British with them. She further says that her husband was again drafted for the term of

three months, under Captain Allen, and Colonel Ben Clearland. That during this term of service the said Rice M c Davis was in the battle of Kings Mountain, after which he returned home as did all the men in Capt Allen's company who were not killed.
She further says that her husband Rice M c Davis was again drafted (and which was his last term) for the term of five months, and was under Captain Martin, and Colonel Allen.
She further says that her husband was during this term of service stationed in the city of Charleston South Carolina, three months and twenty one days; after which he the said M c Davis finally left the service in the month of March seventeen hundred, and eighty two.
She further says that her husband the afore mentioned Rice M c Davis was engaged under the above mentioned officers at different times, and periods during the whole time that the war lasted in the Southern States; that the above mentioned terms or periods are all that she can now remember distinctly; and their officers, (Captains and Colonels,) she does remember well. The widow further says that she has no documentary evidence in support of her claim; But that her husband the afore said Rice M c Davis had discharges from the officers under whom he served, for each of his terms of service, which were consumed, by fire in his house in the state of Virginia, and that was the reason why application has not been made here before, for a pension. She further says on her oath that that

the house of Rice M c Davis (in which said dis- Troyed his discharges by fire) was in Russell county and state as mentioned heretofore.
She further declares that she was married to the said Rice M c Davis on the 18 th day of June in the year of our Lord one thousand seven hundred and seventy five; and that her husband the said Rice M c Davis, died on the 23 rd day of July eighteen hundred and twenty four and that she has remained a widow ever since that period as will more fully appear from the proof annexed.
Rachel Mark M c Davis
Sworn to and subscribed on the day and year above mentioned, before me the under- signed an acting Justice in said county
(J. H. Gladstone) J. C. H.
1873
State of North Carolina, I J. H. Gladstone an acting Buncombe county } Justice in said county do hereby certify that, I have qualified Rachel E. M c Davis to the foregoing declaration, and that she has signed the same as the law directs; and I believe the same to be the truth to the best of her know- ledge, as well as; that she is a woman of good standing in society, when she is known.
I also do certify that the said Rachel E. M c Davis is from bodily infirmity incapable of attending at the place where our courts of Record are held, being from Asheville the county seat fifteen miles. In testimony of which I have hereunto set my hand & seal, on this the 17 day of August A.D 1850.
J. H. Gladstone J. C. H.

State of North Carolina Buncombe County } No 2
On this the 17 th day, of August, 1850 personally appeared before me the undersigned, Oliver M c Daris, Polly M c Daris and Malindia Buckner, three credible witnesses who being first duly sworn according to law say on their oaths, that Rachel E m M c Daris has remained a widow ever since the death of her husband Nica M c Daris, who died on the 23 rd day of July A D , eighteen hundred and twenty four and that she is now a widow.
Oliver his M c Daris Polly her mark M c Daris Malindia her mark Buckner
Sworn to and subscribed before me day and year above written
(D r Blackstock) Justice of the Peace for Buncombe Co.
I, A. Blackstock an acting Justice in the county above mentioned, do hereby certify that Oliver M c Daris, Polly M c Daris and Malindia Buckner who have signed the foregoing affidavit, are credible witnesses, and that their testimony may be relied upon. In testimony of which I have set my hand and seal, on this 17 th day of August A D 1850
(D r Blackstock) J.P. A.C.
State of North Carolina } County Court Office the Buncombe County } 8 th October A D 1850 I, Robert B. Vance, Clerk of the Court of Pleas & Quarter Sessions, (a Court of Records) for said County & State, certify that A. Blackstock Esq d , whose proper signature appears to the foregoing

declaration and affidavits, is one of our Said Court, duly commissioned and qualified according to law.
In testimony whereof, I have hereunto set my hand and affixed the Seal of our Said Court, at Office in Asheville date, above written.
R.D. Manee CLK:
State of North Carolina, } ss Yancey County } ss
On this the 15 th day of October A.D. 1830 per- sonally appeared, before me the undersigned an act- ing Justice of a Court of record for said County, Elizabeth Randolph of Yancey County, aged one hundred and one years, who being first duly sworn according to law, says on her oath that some time in the year one thousand seven hun- dred and seventy five, that cannot recollect the day and month, she was personally present when Rice McSwain and Rachel E. McPeter were married, and that they were married by Benjamin Clearland Esq. afterwards one of the colonels of the North Carolina Militia, and that at this time, which she thinks was in 1775 Rice Mc- Swain, Rachel E. McPeter, and Benjamin Clear-

land were all citizens of Wilkes County and state of N o Carolina. Whether they were married by licence or by the usual manner of publication she does not know.
Deponent further says that Rice and his wife Rachel were both descendants of families who were afterwards strong whigs, and that Rice was after this a soldier in the Revolutionary war, but that she knows nothing of the length of time which he served.
Elizabeth marks Randolph
Sworn to and subscribed before me on the day and year above written Jno. Leaph Justice
State of N o Carolina, I, John Leaph one of the acting Justices of the Court of Pleas in and for the county above mentioned do hereby certify that Elizabeth Randolph who has sworn to and subscribed the foregoing Affidavit as the law directs is of good character, and I have confidence in what she has said. I also believe her to be one hundred and one years of age. In testimony of which I have hereunto set my hand and seal this the 15 th day of October A D 1850.
Jno. Leaph J.P. N.C. State

State of North Carolina, I E. H. Womack Clerk of Giles County the Court of Pleas and Quarter Sessions of said County do hereby certify that Judson whose name appears to the foregoing is a Justice of a Court of Record was duly commissioned and sworn at or before the signing of the same and I believe the signature purporting to be his are genuine in everything whereat I do hereby affix my seal of office and subscribe my name in Bunnell
The 15 th day of October the 15 th 1830
E. H. Womack
Declaration in the Paris case
Heard 23 July 1834

6685.
P. O.
Rachel E. M c Davis
Service: widow of Rice
Enlisted: _____, 18
Discharged: _____, 18
REJECTED
Application filed: _____, 18
Alleges: _____
Re-enlisted: _____
Attorney: _____
P. O. _____
_____ Recognized. _____ Contract.

No 7. 884.
Rachel E. McDavis wid: of John Rice
N. 6.
Act of 4 th July 1838.
Letter to G. W. Bennett. Washington - March 21 - 1857.
6685-

Washington Decr. 5. 1850.
Hon. Jas. E. Heath Esq. Chair of Pensions Com. Sir.
I have the honor to enclose herewith, the Declaration of Rachel E. Mc Davis, widow of Rice Mc Davis a Revolutionary soldier, together with proof in support of her application for a Pension under Act of 4 th July 1836.
Very Respectfully Your Ob t Serv t C. W. Bennett

State of N o Carolina } On this the 13 th day of Buncombe County } August AD 1830 personally appeared before me the undersigned an acting Justice of the Peace in and for the county and state above mentioned, Ephraim Elder who being first duly sworn according to law, says that he was acquai- nted with one Rich M c Davis who was a soldier in the Revolutionary war - that when he first knew him as a soldier, he was drawn out of the neigh- borhood of the Atkins and was under one captain Martin, and under the command of Col Clear- and who had charge of the Militia from that sec- tion of country. He further says that he thinks this tour lasted for four or five months, and was against the Cherokee and Catawba Indians.
Deponent further says that the said Rich M c Davis was in an other expedition of five months, but is of opinion that he was a volunteer, and thinks that he was march into South Carolina, and perhaps to Charleston - that he left Wilkes Co under Capt Martin, and thinks that he was not under a col- onel till he got below Wilkesborough near 100 miles when the companies from other counties were joined and one Col Allen took the command.
He further says that the said Rich M c Davis served two other tours of three months each, but thinks that he was under the said Capt Martin and Col Clearland, both tours. He further says that he will not think of mentioning the dates when these different services were performed, as they all were rendered from the beginning of troublesome times in Abowhia until they finally secured peace was made. Deponent further says that he himself was engaged during the war in halting

soil from Virginia and provisions for the people; that he frequently saw the said Rice McDavis in the service, and under the above named officers. He further says that the said Rice McDavis was engaged in some other small skirmishing parties, and he thinks under the same officers;
Given to and subscribed on the day and year above written before me, Opinion for Eldon for John Keith J.P.
State of North Carolina, } I John Keith an acting justice Runcome county } of the peace do hereby certify that Opinion Eldon who has signed the above declaration is a man of truth and good character, and what he says may be relied upon. I also certify that I believe the said E. Eldon to be many years of age.
In testimony of which, I have hereunto set my hand and seal on this the 13th day of August A.D. 1850 John Keith for
State of North Carolina } County Court Office the 8 Runcome county } October A.D. 1850 I Robert B. Vance, Clerk of the Court of Pleas & Quarter Sessions for Said County State certify that John Keith Esq., whose proper signature appears to the foregoing, is true, at the date thereof, an acting Justice of the Peace for Said County, duly Commissioned and quali- fied according to law!
In testimony whereof, I have hereunto set my hand and affixed the Seal of said Court at Office, in Asheville, day and date above R.B. Vance Clerk.

Rachel E. McDavid
Power of Attorney
334/

KNOW ALL MEN BY THESE PRESENTS, that I, Rachel E. M c Davis of the the county of Bennington and State of North Carolina have made and by these Presents DO make, constitute and appoint, CLEMENT W. BENNETT, of the City of Wash- ington, and District of Columbia, and JOHN B. WOODFIN, of Burnsville, Yancy county, North Carolina, Attorneys at Law and Agents for claimants, my Attorneys both in law and in fact, for me, and in my behalf, and in my name, or in their own names, or otherwise at their discretion, to ask, apply for, obtain, re- cover, and receive from the Secretary of War, the Commissioner of Pensions, the Pay-Master General, and from any office or department of the United States' Government, or any officer or person connected therewith, all sums of money, arrearages of pay, extra-pay, bounty lands, pensions, claims, allowances or property of any kind, that may be due, or become due to me, for, or on account of my military or other services, or for supplies furnished by me, to, for or on account of any officer, agent, or other person in the employ or service of the United States, for which I have now or may hereafter have any claim under or by virtue of any enactment of the Congress of the United States, or in any way whatever; and I hereby authorize my said attorneys, to take all lawful means for the recovery of the aforesaid, or any part there- of; to attend to the final adjustment of all business now pending before either of the offices, or officers above mentioned, in which I am interested; to give all necessary discharges; to make compromises if they deem it expedient, and to do all other acts in the premises that I myself could do were I personally present, here- by revoking all like powers heretofore executed by me, and also hereby granting to my said attorneys, CLEMENT W. BENNETT and JOHN B. WOODFIN, all my power and authority in the premises, firmly and irrevocably, and ratifying whatsoever they or their deputies shall do lawfully by virtue hereof.
Witness my hand and seal, this 25
day of October
A.D. 1850
Signed, sealed and executed in the presence of
D. G. Lusk N. Blackstock
Two Witnesses.
Rachel E. M c Davis [SEAL.] mark
State of North Carolina County of Bennington } ss.
On this 28 th day of October 1850
personally appeared before me the above named Rachel E. M c Davis to me known, and acknowledged the foregoing Power of Attorney to be her act and deed for the purposes therein mentioned.
D. G. Lusk
Justice of the peace
State of North Carolina County of Bennington } ss.
I hereby certify, that N. Blackstock
Esquire, before whom the foregoing Power of Attorney has been acknowledged, and who has thereunto subscribed his name, was at the time of such acknowledgment, a Justice of a Court of Record in and for said County and State, duly commissioned and sworn, and authorized by law to take the same.
In Testimony whereof, I have hereunto set my hand and affixed the seal of Bennington County Court (a Court of Record), this 30 th day of October
A. D. 1850
R. B. Vance Clerk.