Revolutionary War Pension and Bounty Land Warrant Application File S. 2499, Samuel Davis, Va.

SERVICE
NUMBER
Va.
Davis, Samuel
S 2499
Carded.
CONTENTS

Letter to.
W. R. Dury 7 th July 1853.
12.50
North Carolina
Samuel Davis
of Burke in the State of N.C. bar. who was a Pri. in the Company commanded by Captain Davis of the _____ commanded by _____ in the Virginia for 10 months
inscribed on the Roll of North Car. the rate of 33 Dollars 33 Cents per annum, commence on the 4th day of March, 1831.
Certificate of Pension issued the 10 day of May '33 and sent Hon S.P. Carson pleasant Gardens Burke Co. N.C.
Arrears to the 4th of March '33 - 66.66 Semi-ann. allowance ending 4 Sept " - 16.66 $83.32 1/2
{ Revolutionary Claim, } { Act June 7, 1832. }
Recorded by William Miller Clerk, Book E. Vol. 6. Page 38

State of North Carolina } On the 23 rd day Burke County } of October 1832
personally appeared in open court before the Justices of the Court of Pleas & Quar- ter Sessions now sitting Samuel Davis a resident of said County & State aged on the 12 th day of October instant 79 years There was a record of my age made by my Father in his Bible which stated that I was born on the 12 th day of October 1753 he states he has a paper now in possess which shows his age - who being first duly sworn according to law doth on his Oath make the following Declaration in order to obtain the benefits of the Act of Congress passed the 18 th day of June 1832 - That he entered the service of the United States under the following named Officers and served as herein stated. The Militia of Alber- =marle County Virginia, were divided into Classes from N o 1 to N o 10. I belonged to the ninth division, and served my first Tour of duty which was three months under Capt n Isaac Davis I don't re- =collect the year nor the date. We marched from Albemarle County to Williamsburg & were stationed there during that tour nearly all our time. we marched from that place up to Richmond & was discharged.

I got no written discharge at that time but afterwards when all my services was ended I got a written discharge on paper from Capt n Isaac Davis who was my Militia Capt n in Albemarle during the war & who went out with me in the 1 st 4 th 10 th 14 th 16 th 18 th 20 th 22 nd 24 th 26 th 28 th 30 th 32 nd 34 th 36 th 38 th 40 th 42 nd 44 th 46 th 48 th 50 th 52 nd 54 th 56 th 58 th 60 th 62 nd 64 th 66 th 68 th 70 th 72 nd 74 th 76 th 78 th 80 th 82 nd 84 th 86 th 88 th 90 th 92 nd 94 th 96 th 98 th 100 th 102 nd 104 th 106 th 108 th 110 th 112 nd 114 th 116 th 118 th 120 th 122 nd 124 th 126 th 128 th 130 th 132 nd 134 th 136 th 138 th 140 th 142 nd 144 th 146 th 148 th 150 th 152 nd 154 th 156 th 158 th 160 th 162 nd 164 th 166 th 168 th 170 th 172 nd 174 th 176 th 178 th 180 th 182 nd 184 th 186 th 188 th 190 th 192 nd 194 th 196 th 198 th 200 th 202 nd 204 th 206 th 208 th 210 th 212 nd 214 th 216 th 218 th 220 th 222 nd 224 th 226 th 228 th 230 th 232 nd 234 th 236 th 238 th 240 th 242 nd 244 th 246 th 248 th 250 th 252 nd 254 th 256 th 258 th 260 th 262 nd 264 th 266 th 268 th 270 th 272 nd 274 th 276 th 278 th 280 th 282 nd 284 th 286 th 288 th 290 th 292 nd 294 th 296 th 298 th 300 th 302 nd 304 th 306 th 308 th 310 th 312 nd 314 th 316 th 318 th 320 th 322 nd 324 th 326 th 328 th 330 th 332 nd 334 th 336 th 338 th 340 th 342 nd 344 th 346 th 348 th 350 th 352 nd 354 th 356 th 358 th 360 th 362 nd 364 th 366 th 368 th 370 th 372 nd 374 th 376 th 378 th 380 th 382 nd 384 th 386 th 388 th 390 th 392 nd 394 th 396 th 398 th 400 th 402 nd 404 th 406 th 408 th 410 th 412 nd 414 th 416 th 418 th 420 th 422 nd 424 th 426 th 428 th 430 th 432 nd 434 th 436 th 438 th 440 th 442 nd 444 th 446 th 448 th 450 th 452 nd 454 th 456 th 458 th 460 th 462 nd 464 th 466 th 468 th 470 th 472 nd 474 th 476 th 478 th 480 th 482 nd 484 th 486 th 488 th 490 th 492 nd 494 th 496 th 498 th 500 th 502 nd 504 th 506 th 508 th 510 th 512 nd 514 th 516 th 518 th 520 th 522 nd 524 th 526 th 528 th 530 th 532 nd 534 th 536 th 538 th 540 th 542 nd 544 th 546 th 548 th 550 th 552 nd 554 th 556 th 558 th 560 th 562 nd 564 th 566 th 568 th 570 th 572 nd 574 th 576 th 578 th 580 th 582 nd 584 th 586 th 588 th 590 th 592 nd 594 th 596 th 598 th 600 th 602 nd 604 th 606 th 608 th 610 th 612 nd 614 th 616 th 618 th 620 th 622 nd 624 th 626 th 628 th 630 th 632 nd 634 th 636 th 638 th 640 th 642 nd 644 th 646 th 648 th 650 th 652 nd 654 th 656 th 658 th 660 th 662 nd 664 th 666 th 668 th 670 th 672 nd 674 th 676 th 678 th 680 th 682 nd 684 th 686 th 688 th 690 th 692 nd 694 th 696 th 698 th 700 th 702 nd 704 th 706 th 708 th 710 th 712 nd 714 th 716 th 718 th 720 th 722 nd 724 th 726 th 728 th 730 th 732 nd 734 th 736 th 738 th 740 th 742 nd 744 th 746 th 748 th 750 th 752 nd 754 th 756 th 758 th 760 th 762 nd 764 th 766 th 768 th 770 th 772 nd 774 th 776 th 778 th 780 th 782 nd 784 th 786 th 788 th 790 th 792 nd 794 th 796 th 798 th 800 th 802 nd 804 th 806 th 808 th 810 th 812 nd 814 th 816 th 818 th 820 th 822 nd 824 th 826 th 828 th 830 th 832 nd 834 th 836 th 838 th 840 th 842 nd 844 th 846 th 848 th 850 th 852 nd 854 th 856 th 858 th 860 th 862 nd 864 th 866 th 868 th 870 th 872 nd 874 th 876 th 878 th 880 th 882 nd 884 th 886 th 888 th 890 th 892 nd 894 th 896 th 898 th 900 th 902 nd 904 th 906 th 908 th 910 th 912 nd 914 th 916 th 918 th 920 th 922 nd 924 th 926 th 928 th 930 th 932 nd 934 th 936 th 938 th 940 th 942 nd 944 th 946 th 948 th 950 th 952 nd 954 th 956 th 958 th 960 th 962 nd 964 th 966 th 968 th 970 th 972 nd 974 th 976 th 978 th 980 th 982 nd 984 th 986 th 988 th 990 th 992 nd 994 th 996 th 998 th 1000 th 1002 nd 1004 th 1006 th 1008 th 1010 th 1012 nd 1014 th 1016 th 1018 th 1020 th 1022 nd 1024 th 1026 th 1028 th 1030 th 1032 and which is hereunto affixed & sent.
My next Tour of Service which was for Three months was under Capt n  Robt Hinton (don't re-collect his given name) We marched to what was called "The half way house" This was between Williamsburg & Little York where we then joined Genl Lafayette The date I can not recollect we were not moved any great distance from That place til my time was out & I was discharged. There was no fighting during this Tour. My next Tour was after Com Waller passed through Charlottesville and the Militia were called out to go after him. I was then under Capt n Robt Sharpe. Com Waller took the Three night road we followed him on towards Richmond and down towards what is called, Pages  Rappahannock  the house "we" came up with Com Waller some where near that place and we prepared for action, but we retreated before any battle took place & marched on & crossed River Rapidan at Raccoon Ford. Then we comence d marched and

and followed after the British again My time expired on the route & I was dismissed & permitted to go home
Shortly after this I was called out again under Capt Isaac Davis my old Cap- tain - and marched to Little York where we joined Genl Washington. we got there in September and in about 20 days after, Cornwallis surrendered. A short time after this I was discharged & some few months after I got home Capt Isaac Davis gave me the paper which I send with this declaration. In this last tour I was not gone much, if any more than a month. This ended my service some years after the War I moved from Virginia to North Carolina & have been living in Burke County upwards of thirty years.
He hereby relinquishes every claim whatever to a pension or annuity except the present and declares that his name is not on the pension roll of the agency of any state or of any state sworn to & subscribed day &
Year aforesaid Samuel Davis
We James Reid Esq. Chmn of the present Court & Mark Bratton Esq. do certify that they are receivers of the said County with Samuel Davis who signed & sworn to the above declaration & have been for upwards of twenty years, and that they have been acquainted with him for that

that length of time and do further certify he has during that time maintained the character of an honest man & good citizen and entitled to full credit on Oath. Sworn to & subscribed this 23 rd day of October 1832 Test J Ennis Clk P. G. Reed A. Patterson
State of South Carolina Bourke County 3
I James Reed presiding justice of the Court of pleas and Quarter Sessions for the County aforesaid do hereby declare my opinion after the investiga- tion of the matter and after putting the interrogators presented by the war department that the above named applicant was a revolutionary soldier and served as he states. And I further certify that it appears to me that Mark Brannen Esq. who has signed the pre- ceding certificate with myself is a resident in the County of Bourke and that he is a credible person and that his statement is entitled to credit. Given under my hand and seal this 24 th day of October 1832 P. G. Reed  Dr. Lusk (his)
State of South Carolina Bourke County 3
I James Ennis Clerk of the Court of pleas and quarter Sessions for the County and State aforesaid do hereby certify that the foregoing contains the original proceedings of the matter of the application of Samuel Davis for a pension
In testimony whereof. I have hereunto set my hand and seal of office at Morgantown this 24 th day of October
AD 1832
Test J Ennis Clk

State of North Carolina } Additional testimony Burke County } furnished in the case of Samuel Davis to the War Department
for the purpose of procuring his pension for services in the War of the Revolution as follows to Wit
I Samuel Davis of the State and County aforesaid solemnly swear to the following facts on the Holy Evangelist of Almighty God.
I was called out into service of my Country in the month of August 1778 and discharged in November 1778.
I was again called out in April 1780 and discharged in June 1780.
I was again called out in May 1781 and discharged in August 1781.
I was again called out in September 1781 and discharged in the 18 th October 1781 at York Town Virginia The whole amount of my services was Ten months for which I claim pay.
Personally appeared Sam. Davis before us James Avery and David Glass two of the Justices of the peace for S d County who after being sworn as aforesaid on the Holy Evangelist of Almighty God deposeth and saith that the facts as stated above are true to the best of his knowledge & belief Sworn to and Subscribed before us. Samuel Davis 6700
26 day March 1833
James Avery H d D. Glass H d
(This as to 4 th & 5 th objections Sam l Carson)

Samuel Davis further swears that there is no person to his knowledge living in North Carolina who can prove his services & believe, that there is no person now living by whom he could prove his services unless they should be living in Albemarle County Virginia, some of the people who were his neighbours during the Revolution. he knows not whether there is or is not, not having heard from them in many years and not having been there in 38 years and is now too old & infirm to travel there to search for testimony in his case. sworn to & subscribed in presence of March 24 th 1833.
Samuel Davis (re Friedtovic) W.B. (This as to objection 13 th Jas Reed J.P. J.P. Garrison)
I Sam Garrison do certify that James Avery & David Glass who swore Samuel Davis to his specific term of service are both acting Justices of the peace for this (Bucks) county - and also certify that Frederick Shaeffer & James Reed who qualified him to the above are also acting Justices of the peace for said county & that James Reed was chairman of the court when

When the original declaration was read of proceedings had in the case of Samuel Davis - I do further certify that there was no clergyman to be who knew D r Davis at the court when the original proceedings was transacted in court he Therefore procured the certificates of James Redd Esq r Ch m of the court & Charles Wirtman Esq r both highly respectable citizens of Burke county. To which certificates I must willingly add my own as to the standing of Mr Davis which is that of honest upright citizen in whose worth there is every confidence to be placed
The reason why I give my own certifi- -cate is because of a conversation in which I stated to Mr Edwards the inconvenience of getting the seal of the clerk &c - and was told that my certificate would answer
March 26 th 1833
Sam l Carson

Claim of Sam l Davis To arrearages of Pension

State of Georgia
Union County      3, Be it known That before me, Mason McLeod, a Justice of the Peace in and for the County aforesaid, duly authorized by law, to administer oaths, personally appeared, Samuel Davis, and made oath in due form of law, That he is the Son of Samuel Davis, the Identical person who was a Pensioner, and is now dead, and to whom a Certifi- =cate of Pension was issued, which is herewith sur- =rendered,
That the deceased Pensioner, resided in the County of Burke in the State of North Carolina and that he removed from thence to Macon County of said State and resided there for the space about the space of three Years, and that subsequently he resided in the State of Georgia and in the County of Ogle, for the space of about seven Months, before his death, on the 31 st day of October 1838. Sworn and subscribed this
11 th day of February 1853 Samuel D. Airs Nason M c Leod
State of Georgia
County of Union & know all men by these presents That I Samuel Davis of the County of Gilmer and State of Georgia, Son of Samuel Davis who was a Pensioner of the United States, do hereby constitute and appoint William R. Query My true and lawful Attorney for me and in my name to receive from the Agent of the United States for paying pensions in Fayetteville in the State of North Carolina, the balance of said Pension from the fourth day of Sep- =tember AD 1837, to the 31 st day of October AD 1838, Being the day of his death, Witness My hand and Seal. This 31 st day of February AD 1853, Sealed and delivered in pre- -ence of us. Samuel D and
Samuel D. a
James Bryan Nason McLeod J.P.

State of Georgia Union County } Be it known That on this 31 st day of February A.D. 1853, Personally appeared before me, Mason McLeod a Justice of the Peace with in and for the County and State aforesaid, Samuel Davis and acknowledged the within Power of Attorney to be his act and Deed.
In Testimony Whereof I have hereunto set My Hand and Official Signature this day and Year above mentioned, Mason McLeod J.P.
State of Georgia Union County } Before me Mason McLeod an acting Justice of the Peace in and for said County Personally appeared Samuel Davis who being sworn in due form of law, States that there is four surviving Heirs of Samuel Davis deceased, Mathew Davis, Jane Wyatt, Sarah Wright and Deponent who is acting as agent for the above named Heirs. Sworn and Subscribed } Samuel Davis before me this 31 st day of February A.D. 1853, Mason McLeod J.P.
State of Georgia } I hereby certify That Mason County of Union } McLeod is an acting Justice of the Peace within and for said County duly commissioned and qualified, his commission bears date, January the Tenth  1853 day, and will expire in January A.D. 1857 and That his signature thereto are genuine Given under My hand and Official Seal this 12 th day of March A.D. 1853, Thos M Hughes Clerk

State of Georgia
County of Union ss. Thomas M. Hughes, Clerk of the Superior Court of Union County, holding at
Blainsville in said State, do hereby certify, that satisfactory evidence has been exhibited to me, that Samuel Davis was a Pensioner of the United States, at the rate of Thirty Three Dollars and Thirty Three Cents, per annum, was a resident of the County of Burke, in the State of North Carolina, and died in the County of Cass, in the State of Georgia in the Year, 1838, on the 31 st day of October, that he left no Widow, but left the following Children, Mathew Davis, Jane Wyatt Sarah, Bright, and Samuel Davis, whose names is signed to the following Affidavit and Power of Attorney.
In Testimony whereof I have hereunto set my hand and affixed my Seal of office at Blainsville this 12 th day of March, A. D. One Thousand Eight Hundred and Fifty Three
Thos M. Hughes Clerk

1 29
Rev. War
2499
INVALID.
File No. 2499
Samuel Davis
Rev. War
Act: June 7. 1832
Index:—Vol. et. , Page 88
[Arrangement of 1870.]

I connected the papers with the blue ribbon but have no seal to affix - you know my  signiture
Yr Friend
J Le Edwards Esq. Saml Henson
Southampton

January the 6 th 1783
We hereby certify that Samuel Davis of Albemarle County has done his proper Duty of duty in the militia when called on And that he is in the North Division and was on duty with the last men that some Duty from the above County Given Under My Hand - Isaac Davis Junr Capt of - The Company in which the said Davis - has mustered ever since he was a man

Payments to be made at Fayetteville by the Presd. U.S. Br. Bank Agent for paying Pension- ers, in the Agency of North Carolina
Recorded in the Pension Of- fice, in Book E. Vol. 6 Page 38 by Wm Miller Clerk.

WAR DEPARTMENT.
Revolutionary Claim.
I certify that, in conformity with the law of the United States of the 7th June, 1832, Samuel Davis of the State of North Carolina who was a private in the war of the revolution
is entitled to receive Thirty Three — dollars and Thirty three cents per annum, during his natural life, commencing on the 4th of March, 1831, and payable semi-annually on the 4th of March, and 4th of September, in every year.
Given at the War Office of the United States, this 10 th day of May one thousand eight hundred and thirty-three
L. D. Cab.
Secretary of War.
Examined and } Countersigned. }
J. L. Edwards
Commissioner of Pensions.

TREASURY DEPARTMENT,
SECOND COMPTROLLER'S OFFICE,
Nov. 11, 1853.
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 third section of the Act of August 23, 1842, extending the time within which pensioners may receive their pensions from the Pension agents,
Samuel Davis, one of the four children of Samuel Davis, dec., a Pensioner on the Roll of the Fayetteville Agency, at the rate of Thirty three Dollars and 33 Cents per year, under the law of the 7 th June 1832 has been paid at this Department, 1/4 of arrears due from the 1 st of March 1838 to the 31 st Oct. 1838.
Respectfully, yours,
J. M. Broadhead Comptroller.
12576 act '32
To the COMMISSIONER OF PENSIONS, Present.

TREASURY DEPARTMENT, SECOND COMPTROLLER'S OFFICE,
Jan'y 7 th 1854.
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 third section of the Act of August 23, 1842, extending the time within which pensioners may receive their pensions from the Pension agents,
3 of the 4 children of Samuel Davis, dec. a Pensioner on the Roll of the No. Ca. Agency, at the rate of thirty three Dollars and 33 Cents per annum under the law of the 7 th June 1832 have been paid at this Department, from the 1 st of March 1838 to the 31 st Oct r , 1838.
Respectfully, yours,
J. M. Broadhead Comptroller.
12576
To the COMMISSIONER OF PENSIONS, Present.

March 30. 1853.
App. of Samuel Davis deceased for areas etc.
cc. R. Query Stock Hill Georgia
Miss A. Smith (day) Conformity of Tenure Washington City D.C.
Ho 18 Hill No 33 March 16 th 1853
Para 18e

Stock Hill Ga,
Mar 16 th 1853,
James A. Heath Esq,
Dear Sir. I now send enclosed the various claims of several different persons, which I wish you to examine. One of which is the claim of Samuel Davis, Agent for the other heirs as you will see from his Declaration, I think it best to send the copy up to you as the Pension was his Pension in the State of North Carolina died in the State of Georgia where the heirs now live, Please examine his claim and inform me of your decision, and also the claim of Rachel Ashurst, accompanied by a Certificate, though the Clerk neglected to attach the Certificate, as I directed him to do, If there is anything wrong in any of the enclosed claims Please inform me of the same as early as convenient,
I am still anxious to hear from you relative the claims for different persons that I have put in the Pension Office, heretofore,
I am Sir with due Regard Yours H.C. H.W. Pugh
James A. Heath Esq Washington City D.C.
Robert Rolston and Moses Justice taken out Mar 27/53

Samuel Davis
Admng as a present for 10 months $33.33

BRIEF objections to the admission of Pension Claims , of which those answered in the negative, in red ink, will apply to the claim of Samuel 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? No 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? No VI. Has he given the names of the officers under whom he served, in conformity with the regulations? Yes VII. Has he made a relinquishment of every claim 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? Yes

 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? No  XII. If the clergyman's affidavit has not been produced, is there any reason assigned for not obtaining it? None  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 has produced a witness or witnesses as to his service, has the magistrate who administered the oath certified that he, she, or they are persons of credibility? Has the official character and signature of the magistrate been certified by the proper officer under his seal of office?  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? Yes  XVII. Are the seven interrogatories prescribed by the War Department answered satisfactorily? And, if not, which of them is not so answered? 
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."

It is important in all cases to determine with precision the period for which the 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.
† 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 authenticated the papers is not written on the same 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 end 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.