Revolutionary War Pension and Bounty Land Warrant Application File R. 2699, Adaliah Davis, New York

SERVICE
NUMBER
New York
Davis, Adaliah
R. 2699
CONTENTS

Adah Davis
19751
V

Declaration
By Adaliab Davis — of Augusta — in the County of Oneida — in order to obtain the benefit of the Act of Congress passed June 7 th 1832 —
State of New York Oneida County — ss.
On the first day of September eighteen hundred & thirty two personally appeared before Nathan Gumball Esq. one of the Judges of the Court of Com- mon Pleas of the County of Oneida (being a Court of record by Statute) — at his office in the Town of Augusta — in the County of Oneida — & stated aforesaid — Adaliab Davis a resident of the Town of Augusta aforesaid aged eighty years — who being duly sworn according to law, doth on his oath make the following declaration in order to obtain the benefit of the Act of Congress passed June 7 th 1832 —
That he entered the service of the United States — under the following named officers and served as herein stated — That in the year eighteen hundred and seventy six — This deponent was a corporal in Captain Joseph Balmer — company — Van Schaick's Regiment — in Genl. Gates Division That he does not recollect his Brigadier Genl's name — That in the month of October he volunteered — in said service, and was stationed at Saratoga — four weeks — in said company —, in said service — That in the year eighteen hundred and seventy seven This deponent was a sergeant in the

company of Infantry - commanded by Captain Cordrick Babe - : in the Regt - commanded by Col Chandler - : Thinks - in Genl Arnold's Brigade - of Genl Galt's - Division - That he was - at Saratoga - Stillwater, & the other stations - at which said division was stationed - during the campaign of 1777 - That he was present at the battle in which Burgoyne was taken - : That he volunteered in said service - in July of the year last aforesaid - & continued in said service till the forepart of December - the full term of four months - the he was discharged at Saratoga - : —
That in the latter part of the summer of seventeen hundred and seventy eight - : This deponent volunteered - in said service - as a sergeant - in the Company of Infantry - commanded by Captain Daniel Herrick - in Col Whiting's - Regt - (That he does not recollect the Genl of the Brigade to which he belonged.) - That he was in said service three weeks - and was honorably discharged - That he was stationed at Fort Edward -
That in the autumn of seventeen hundred and eighty one - This deponent was a sergeant in Captain Daniel Herrick's company - of Col Whiting's, Regt - That he was in said service - as a sergeant in said last- named company - four weeks - and was honourably discharged - That he this deponent

in said service - six months - and fifteen days - at the times herein before stated. That during the year seventeen hundred & seventy five - he served as a corporal and during the remainder of the war of the revolution - he served as a sergeant in said line - That the said companies herein before named - were when not in the service of the United States - were kept up as - minute men - subject to orders - to march - at the shortest notice - That this deponent was frequently - employed in hunting the Tories -
1832 26 1752
That he was born in Sharon, in the county of Litchfield - State of Connecticut - in - seventeen hundred & fifty two -
That he has a record of his age -
That he lived at Saratoga - when called into service in 1775 - and in 1776 - and till the close of the Revolutionary war - at Saratoga - in Columbia county - State of New York - That he now lives in Augusta - in the county of Oneida - & has resided in Augusta - five years - & previous thereto he resided in Durham - in the county of Green - thirty years -
That he volunteered - in said service.
That he does not recollect - any events - other than those named - connected with said service.
That - this deponent & three others were discharged - at the same time that they received - one discharged - which never came to the possession of this deponent.

That there has been a constant change of the clergymen - in his neighbourhood, that there is no clergyman now residing in his neighbourhood - who has resided in his - immediate neighbourhood - a year - that Riggs Hawley - of Augusta and of the same place are persons - residing in his neighbourhood who can testify as to his character for veracity - & the report in his neighbour- hood of his services as a soldier of the Revolution -.
That he knows of no evidence of said services - except that herein - stated.
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 - his Adaliab Davis Mark - Sworn & subscribed _____ This - 1 st day of Sept - 1832 _____
Nathaniel Kimball Judge of Ancient common pleas

State of New York
Oneida County - ss - Biggs Hawley & Philo Holmes - of Augusta - in said County being do hereby certify that we well acquainted with David who has subscribed and sworn to the above declaration - that we believe him to be eighty years of age - that he is respected and beloved in the neighbourhood where they reside - to have been a soldier of the revolution - and that we concur in that opinion - - -
Sworn & subscribed - the day & year aforesaid
Biggs Hawley Philo Holmes
Nathan Kimball Judge of Oneida County common pleas
State of New York
Oneida County - ss: I Nathan Kimball one of the Judges of the Court of Common Pleas - of the County of Oneida, do hereby certify, that Biggs Hawley, and Philo Holmes, are well known to him, that they are men of truth and veracity, and respectable inhabitants of the Town of Augusta in said County, and that their statement, is entitled to the fullest belief: And I do further certify, that there is no clergyman in their immediate neighbourhood of Adah Davis - the above applicant's residence.

tho' I do not know why that Roger Stanley of Augusta was the founder of Bristol, and of Bath. I am sure he was a respectable person, and that there is a monument or something to his credit.
And I do further certify: That the said Isaac Davis is infirm and unable to attend either of the Courts of Record of this County -
And the said Nathan Gumball, doth hereby declare his 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 & served as he states.
Vathan Kimball } Judge of Oneida common pleas }
State of New York Onondaga County — ss:
The County - ss: in said County - said of the County. I hereby certify that Adah Davis - who has subscribed & sworn to the above publication - is a man of truth and his statement entitled to credit.
Sworn & Subscribed before — me this day of Sept r 1835

State of New York
Onondaga County ss. I George Brown - Clerk of The County of Onondaga - do hereby certify - That Nathan Kimball Esq. before whom the annexed affi- davits purport to have been taken & sworn was at the date of the same One of the Judges of the of Common Pleas County Court of said County that I am well acquainted with his hand writing & verily believe his name subscribed to the foregoing affidavits to be his proper hand writing
Witness my hand & Seal of Office at Utica this 16 th day of November 1832
And I do further certify that the foregoing contains the original proceeding of the Honble Nathan Kimball in the matter of the petition of Adah Davis of Augusta - in said County for a pen- sion - In testimony whereof I have hereunto set my hand and affixed the seal of the said Court of Common Pleas. This 2 nd day of Nov r 1832.
Geo Brown Clerk

State of New York Triun County ss.
Know all men by these presents: That the undersigned, of the County of Triun and State of New York, do hereby certify that the  his deposition on the first day of October 1776, he entered or volunteered as a Corporal in Capt. Joseph Palmer, Company of Infantry - in Col. Van Schaick's Bt. of Genl. Schuyler's Brigade of the New York Militia, for one month, that he was honourably discharged the twenty eighth day of said month, that he was stationed at Fort Edward, during said term of 28 days: in said Comp y .
That on the first of July 1777, this deponent volunteered as a sergeant in Capt. Godrick Biber Company of Inf y of Col. Chandler's Bt. of Genl. Arnold's Brigade of Genl. Gates Division. That he was stationed at Saratoga, Still water, and the different stations occupied by the said Army in said campaign, and was honourably discharged the first of November 1777. That he served the said four months as a sergeant as aforesaid.
That on the 1 st of Sept r 1778, at New Concord, this deponent volunteered as a sergeant in the Comp y of Inf y commanded by Capt. Daniel Herrick. That he was stationed at Fort Edward, twenty one days, and was honourably discharged at Fort Edward, aforesaid: the 21 st day of Sept r . 1778, that he served said 21 days as a sergeant in said Comp y .
That the first of October 1781, this deponent volunteered as a sergeant in Capt. Herrick's Comp y of Col. Livingst n 's Bt. of New York Militia, for one month, that he was stationed at Saratoga 28 days - as a sergeant as aforesaid, and was honourably discharged on

The 25 th day of Feb y 1781, at Saratoga. Sworn.
Sworn & Subscribed this 10 th day of July 1833. Isaac Davis Mark
Nathaniel Kimball Judge of Circuit common pleas
State of New York
I, George Brown, Clerk of the said County do hereby certify, that I am well acquainted with the true writing of Nathaniel Kimball Esq r before whom the foregoing affidavit was subscribed & sworn, and that the signature of said Judge subscribed to said affidavit is his, the said Judge's proper & true writing and genuine.
And I do further certify, that the said Nathaniel Kimball Esq r was at the time said affidavit bears date, one of the Judges of the Court of Common Pleas of said County of Onondaga, and that said Court is a Court of record.
of July 1833 - said County.
In testimony whereof I have hereunto set my hand and affixed the seal of said Court, this 12 th day of July 1833 - at the Clerk's Office, of Geo. Brown Clerk
This document was a sergeant and the

No. 19751
Adaliah Davis Oneida County New York 2699
e
Snip 2
George Brown Clerk Augusta, New York

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 subjóined 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. These 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 Adaliah Davis Oneida County N. York
   Period when the service was rendered Duration of the claimant's service Rank of the claimant. Names and Rank of the Company officers under whom he served. Names and Rank of the General and Field officers. Battles in which the applicant was engaged. Country through which he marched. Place of abode when he entered the service, and age at the present period. Evidence by which the declaration is supported.   Years. Months. Days.     Abt 1776 28 Corporal Capt Joseph Palmer General Schuyler Saratoga Stationed at Saratoga & Stillwater 80 years traditional   Abt 1777 14 Sergeant Capt Roders Col Chandos Saratoga "   Abt 1778 21 Sergeant Capt. Daniel Genl Arnold Fort Edward New York   1781 28 " Forruth Genl Gates   From 1775 during the war Corporal & Sergeant " Col. Whiting  
I am, respectfully,
Your obedient servant,
J. L. EDWARDS,
Commissioner of Pensions.

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, musicians 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 } ss. County of }
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 served in the _____ (e) regiment of the _____ line, under the following named 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. [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 hereby 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 _____ A. B.
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 do hereby 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 day 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
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 hereby 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 personal knowledge of the services 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 (1) 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 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 there 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 and 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 services.  6. { To a Soldier. } Did you ever receive a discharge from the service, and if 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 traditional 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, attend 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 deceased, 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.
[k] The notes from [a] to [e] are all equally applicable to the cases of Militia men, Volunteers and State Troops. The proof required by rule in note [j] applies to continental troops only.
[l] This traditional evidence is indispensable in militia cases.
[m] If a witness cannot be found, the declarant must state the fact.
[n] The answers to the interrogatories must all be written, and sent to the War Department, with the declaration.

October 27, 1939.
XXXXXXXXXXXXXXXXXXXX
Mr. Robert R. Phillips Nassau New York
BA-5/ady Adaliah Davis R.2699
Dear Sir:
The data contained herein were obtained from the papers on file in Revolutionary War pension claim, R.2699, based upon the military service in that war of Adaliah Davis.
Adaliah Davis was born in Sharon, Litchfield County, Connecticut, in 1752, day, month, and the names of his parents are not shown.
He lived in Canaan, Columbia County, New York. He resided in Durham, Greene County, New York, thirty years, and then moved to Augusta, New York.
Adaliah Davis applied for pension September 1, 1832, at which time he was a resident of Augusta, Oneida County, New York, and had lived there five years. He stated that while residing in Saratoga, he enlisted October 1, 1776, and served one month as corporal in Captain Joseph Palmer's Company, Colonel Van Schaick's New York Regiment; that he enlisted July 1, 1777, and served four months as sergeant in Captain Roderick Beebe's Company, Colonel Chandler's New York Regiment and was in the battles of Stillwater and Saratoga and at the taking of Burgoyne; that he enlisted September 1, 1778, and served three weeks as sergeant in Captain Daniel Herrick's Company, Colonel Whiting's New York Regiment; that he enlisted October 1, 1781, and served one month as sergeant in Captain Daniel Herrick's Company, Colonel Whiting's New York Regiment.
His claim for pension was not allowed as he failed to furnish proof of service as required by the pension laws.
There are no family data.
Very truly yours
A. D. HILLER Executive Assistant to the Administrator

1939 Oct. 27 Hist. to Robert R. Phillips letter in clm., WC. 6687, David Davis. AD 90 1812
Acts of July 14, 1862, and March 3, 1873,
2699
Adaliah Davis
Service: _____
Enlisted: _____, 18
Discharged: _____, 18
Application filed: _____, 18 1852 Printed Book Rejected and
Alleges: Suspended Pensions gives Reasons for suspension - deficient proof and specification.
Re-enlisted: _____
Attorney: _____
P. O. _____
Recognized. _____ Contract. Cert. of Dis. Searched for _____, 18

Rev:
New York
Suspended act 7 June '32
letter 31 Oct 1833
To
Geo. Brown
not found.

October 27, 1939.
XXXXXXXXXXXXXXXXXXXX
BA-J/ady
Mr. Robert R. Phillips Nassau New York
Adaliah Davis R. 2699
Dear Sir:
Reference is made to your letter relative to soldiers of the Revolutionary War and War of 1812.
The record of the only soldier with the name Adaliah Davis that is found on the Revolutionary War records of this office, and the War of 1812 record of David Davis are furnished you herewith.
Very truly yours
A. D. HILLER Executive Assistant to the Administrator